IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 5795 of 2009 Between: Karipireddi Subba Reddy ..... PETITIONER AND The State of A.P.,rep. by its District Collector, Prakasam District, Ongole and 2 others. .....RESPONDENT(S) THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 5795 of 2009 ORDER: This writ petition is filed seeking a Mandamus to declare the action of the 2nd respondent-Revenue Divisional Officer, Kandukuru, in issuing the endorsement, dated 21-11-2008, refusing to issue “No Objection Certificate” (N.O.C.), for alienation of the petitioner’s land to the extent of Ac.5.14 cents in Sy. No.233/1 of Chalivendra village, Darsi Mandal, Prakasam District, in spite of the fact that his vendor viz., Smt. Chavali Bala Tripura Sundaramma, is a freedom fighter and the subject matter of the land was granted to her more than 27 years ago prior to the sale in his favour, as arbitrary and illegal and consequently direct the respondents to issue N.O.C. for alienation of the land by the petitioner. 2. The facts are not in dispute. It appears one Smt. Chavali Bala Tripura Sundaramma, the vendor of the petitioner, was assigned an extent of Ac.5.14 cents of land in Sy. No.233/1 of Chalivendra village, Darsi Mandla, Prakasam District, as a grant to the freedom fighter. The patta granted in favour of Bala Tripura Sundaramma was implemented by the revenue authorities, pattedar passbooks were issued, and all through, the land of Bala Tripura Sundaramma was shown as freedom fighter assignment. After more than 27 years, Bala Tripura Sundaramma sold the land in favour of the petitioner on 02-08-2000. While so, when the petitioner, with an intention to alienate the land in question, presented the sale deed before the Sub Registrar, Darsi, for registration, he was informed that as per the instructions of the revenue authorities, registration of any transaction pertaining to his land would not be entertained since his land is recorded as ‘assessed waste’ and that it is not a private land. Then, he approached the 2nd respondent and made an application for issuance of N.O.C. The 2nd respondent, by an endorsement dated 21-11- 2008, rejected his application on the ground that since it is an assigned land, no N.O.C. can be granted. 3. There is no necessity to go into all the details. It is settled law that a freedom fighter, in whose favour assignment was made, is entitled to sell the land, after expiry of ten years from the date of patta. In this case, the assignment was made as early as in the year 1973, and after 27 years, the freedom fighter sold it in favour of the petitioner, and when the petitioner intending to sell some part of the land and made an application to the 2nd respondent for issuance of N.O.C., the same was rejected. 4. Under those circumstances, I am of the opinion that the action of the 2nd respondent in refusing to issue N.O.C. to the petitioner for the purpose of registration of the land in Sy. No.233/1 in an extent of Ac.5.14 cents of land in Chalivendra village, Darsi Mandal, Prakasam District, is arbitrary and illegal. Therefore, the impugned endorsement is liable to be set aside and the same is accordingly set aside. 5. Accordingly, the writ petition is disposed of directing the 2nd respondent-Revenue Divisional Officer, Kandukuru, Prakasam District, to issue N.O.C., forthwith, in favour of the petitioner, permitting him to sell the land in Sy. No.233/1 in an extent of Ac.5.14 cents in Chalivendra village, Darsi Mandal, Prakasam District. There shall be no order as to cots. ___________________ 20th October 2009 kvr