IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24703 of 2008 Between: Smudrala Prakash Rao S/o. Late Kumara Swamya R/o. D.No. 58-11-150, Karasa Village, Marripalem Shivaru Visakhapatnam, Visakhapatnam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by Principal Secretary (UC-I) Revenue Department, Secretariat Buildings, Hyderabad. 2 The Special Officer & Competent Authority Urban Land Ceiling , Visakhapatnam, Visakhapatnam District. 3 The District Registrar, Visakhapatnam, Visakhapatnam District. 4 The Sub Registrar, Akkayya Palem, Dwarakanagar, Visakhapatnam, Visakhapatnam District. 5 The Mandal Revenue Officer, Visakhapatnam Urban Seetammadhara, Visakhapatnam, Visakhapatnam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents No. 3 and 4 in insisting the no objection certificate from the 2nd respondent even though the petitioner property is not attracted the ULC Act is arbitrary bad and illegal, and violation of Article 14 and 300- A of the Constitution of India and consequently direct the Respondents No. 3 & 4 to entertain the petitioner documents and register the same covered by Door No. 58-11-135/2, Assessment No. 100005/50227 admeasuring 425 sq. yards in Sy.No. 122/1A of Plot No. 12 Vide Patta No. 168 situated at Karasa Village, Marripalem, Visakhapatnam Urban and pass such other order or orders Counsel for the Petitioner:MR.KURITIBHASKARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.24703 of 2008 ORDER: The petitioner claims to be the owner of the house bearing Door No.58-11-135/2, being plot No.12, admeasuring 425 square yards, covered by Sy.No.122/1A of Karasa Village, Marripalem Shivaru, Visakhapatnam Urban Mandal. It was purchased by the petitioner on 12-04-2007 and his vendor in turn purchased it on 07-07-1972. It is stated that the petitioner intended to sell that property and when he approached the fourth respondent to ascertain the formalities, the latter is said to have insisted for submission of No Objection Certificate under the Urban Land Ceiling Act, 1976. The petitioner feels aggrieved by the same. Heard the learned counsel for the petitioner and respondents. The property was purchased by the petitioner in the year 2007 and his vendor in turn purchased it in the year 1972. May be that when the Act was in force, the fourth respondent insisted on submission of No Objection Certificate from the Special Officer & Competent Authority – second respondent herein. Now, as the Act has been repealed, such a requirement does not exist. Hence, the Writ petition is disposed of directing the fourth respondent to receive and process the document that may be submitted by the petitioner in respect of property without insisting on submission of No objection Certificate from the second respondent. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J. 03rd March, 2009. skmr