IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5196 of 2009 Between: Bunga Santhamma W/o. Late B. Appalaswamy R/o. D.No.65-3-306, Ex-Servicemen Colony, Malkapuram, Visakhapatnam. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue, Secretariat, Hyderabad. 2 District Collector, Visakhapatnam. 3 Sub Registrar, Sabbavaram, Visakhapatnam, Visakhapatnam District. 4 Tahsildar, Anakapally, Visakhapatnam .....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 an appropriate writ, order or direction preferably a Writ of Mandamus declaring the action of the 3rd respondent in seeking NOC from the 2nd respondent as arbitrary, illegal and contrary to G.O.Ms.No.1117 dated 11.11.1993 and the Registration Act 1908 and consequently direct the 3rd respondent to forthwith register and release the document Nos. D.No.95/2008, 96/208 and 97/2008 pending before him without insisting the NOC from the 2nd respondent. Counsel for the Petitioner: MR.G.PURUSHOTHAM REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.5196 of 2009 ORDER: The husband of the petitioner is an Ex-Serviceman. He was assigned an extent of Acs.5.09 cents of land in Survey No.355/1 of Koduru Village, Anakapally Mandal, Visakhapatnam District by the competent authority vide proceedings, dated 13.12.2973. The petitioner states that after his death, she was issued pattadar pass books and title deeds in respect of the said land. She further states that she intends to sell the same to meet her medical expenses and family necessities. She complains that the Sub Registrar, Sabbavaram, Visakhapatnam, is refusing to entertain the deed for registration on the ground that the land is notified as an assigned one and that he is requiring the petitioner to obtain ‘no objection certificate’ from the District Collector. She challenges the action of the respondents. The learned Government Pleader for Revenue submitted that in view of the prohibition contained in Section 5 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977, it became imperative for the respondents to insist for ‘no objection certificate’ from the District Collector. The plea of the petitioner that she is entitled to sell the property on expiry of ten years from the date of assignment as per G.O.Ms.No.1117, dated 11.11.1993, is not seriously contested. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. It is not in dispute that the land referred to above was assigned to the husband of the petitioner in his capacity as an Ex-Serviceman. Though a general prohibition against alienation of assigned lands, the Government had maintained the distinction, as regards the lands assigned in favour of Ex-Servicemen. After taking into account the various aspects that are involved in the matter, the Government issued orders in G.O.Ms.No.1117, dated 11.11.1993, permitting the alienation of the lands assigned to the Ex-Servicemen, after expiry of ten years from the date of the assignment. It is in this context that the Mandal Revenue Officer and the Revenue Divisional Officer of the concerned areas, have certified that the petitioner is entitled to alienate the land assigned to her husband, in terms of the G.O., referred to above. Such a certification, though not necessary, is more than sufficient to clear the doubt entertained by the respondents. When the case of the petitioner is clearly covered by a specific G.O.Ms.No.1117, dated 11.11.1993, issued by the Government, the respondents cannot still insist on ‘no objection certificate’ from the District Collector. For the foregoing reasons, the writ petition is allowed and the respondents are directed to receive the documents that may be presented by the petitioner and consider the same for admitting them to registration, without applying any prohibition on the ground that it is an assigned land. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.16.03.2009 VGB