HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.20159 of 2010 ORDER: Heard the learned counsel for the petitioner and also the learned Government Pleader for Revenue appearing for the respondents. In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of respondent Nos.1 to 4 in not issuing No Objection Certificate (NOC) in respect of the land covered by Survey No.372/2 admeasuring Ac.0.58 cents situated at Kappulappadu Village, Bheemunipatnam Mandal, Visakhapatnam District, in spite of the orders issued by the Government in G.O.Ms.No.1117, dated 11.11.1993. It is the case of the petitioner that one Nalla Papaiah was an ex- serviceman and he was assigned land to an extent of Ac.5.00 covered by Survey No.372/2 of Kappuluppadu Village, Bheemunipatnam Village, Visakhapatnam District, vide proceedings in BR No.224/402/C, dated 20.11.1992. It is stated that after the original assignee died, there was a transfer of patta of the aforesaid land in favour of his wife. It is also stated that the wife of the original assignee has sold away an extent of Acs.2.00 to one K.Vijaya Babu and that at first instance, the document was not released and after conducting necessary enquiry, it was found that there was no embargo for alienating the land and accordingly, the document was released in favour of the purchaser i.e., K.Vijaya Babu. Now, it is the grievance of the petitioner that he entered into an agreement of sale-cum-General Power of Attorney to purchase land to an extent Ac.0.58 cents covered by the very same Survey number from the said K.Vijaya Babu and submitted the document for registration before the fifth respondent. It is submitted that the fifth respondent has issued a notice, dated 05.08.2010, to the petitioner informing that the survey number in which the land in question is situated is shown as ‘Hill’ in the Assigned Land List by the Mandal Revenue Officer and therefore, he was asked to get denotification orders from the District Collector, Visakhapatnam. It is submitted by the learned counsel for the petitioner that in view of the orders issued by the Government in G.O.Ms.No.1117, dated 11.11.1993, there is no embargo on the original assignee for transfer of the land, insofar as grants made to the ex-servicemen are concerned. It is also submitted that after expiry of ten years, the land was sold by the wife of the original assignee in favour of one K.Vijaya Babu and as such, there is no impediment for purchase of Ac.0.50 cents of land from said K.Vijaya Babu. It is further submitted that in spite of an application being made, the respondents have not issued NOC. Basing on the written instructions, it is submitted by the learned Government Pleader for Revenue appearing for the respondents that the land admeasuring Acs.5.00 covered by Survey No.372/2 of Kappulappadu Village, Bheemunipatnam Mandal, Visakhapatnam District was assigned in favour of one Nalla Papaiah, an ex- serviceman and after his demise, his wife Nalla Kannamma has sold away the said land to different persons with different extents as per the general permission given by the Government in G.O.Ms.No.1117, Revenue (Assignment) Department, dated 11.11.1993. It is further submitted that the petitioner has not made any application for NOC. During the course of arguments, it is submitted by the learned counsel for the petitioner that an application was filed by the vendor of the petitioner i.e., K.Vijaya Babu, before the authorities. It is to be noted that the vendor of the petitioner has not approached this Court seeking any relief. Based on the application filed by his vendor, the petitioner cannot seek any directions. Appropriate application has to be filed by the petitioner himself and thereafter, it is for the respondents to examine whether the land in question is covered by assignment and whether it falls within parameters of the orders issued by the Government in G.O.Ms.No.1117, dated 11.11.1993. As it is stated that no application is filed by the petitioner, I deem it appropriate to dispose of the writ petition permitting the petitioner to make an application before the third respondent-Revenue Divisional Officer, for grant of NOC in respect of the aforesaid land. If such an application is filed within a period of two weeks from today, the third respondent is directed to conduct enquiry, taking into consideration the earlier enquiry with regard to the very same land, and pass appropriate orders in terms of the orders issued in G.O.Ms.No.1117, dated 11.11.1993, within a period of six weeks from the date of receipt of the petitioner’s application. If NOC is issued and the same is produced, the fifth respondent in turn is directed to consider the same and take further steps for registration of the document submitted by the petitioner and release of the same in his favour, provided it is in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ (R.SUBHASH REDDY, J) Dt: 25.08.2010. VGB