LAWS(APH)-2012-7-114

K N ARUNA KUMARI Vs. JOINT COLLECTOR

Decided On July 30, 2012
K N Aruna Kumari Appellant
V/S
JOINT COLLECTOR Respondents

JUDGEMENT

(1.) THIS writ petition is filed seeking a mandamus declaring the action of the 4th respondent in insisting for 'No Objection Certificate' for the purpose of registering the document in respect of the land admeasuring Ac.1.50 cents in Sy.No.431/2 situated at Hindupur Village and Mandal, Anantapur District.

(2.) IT is the case of the petitioners that originally the land to an extent of Acs.14.14 cents in Sy.No.431 of Hindupur Village and Mandal, Anantapur District, was assigned to one D. Kadirappa in the year 1928. Thereafter, the said land was sub-divided and one Maddileti was granted D-form patta in respect of the land to an extent of Acs.2.98 cents in Sy.No.431/2. Subsequently, several transactions took place in respect of the said land. The petitioners claim that they are the legal heirs of one Smt Sakunthalamma, who purchased the land to an extent of Ac.1.50 cents in Sy.No.431/2, and after the death of the said Sakunthalamma, the said property devolved on them.

(3.) IT is the case of the petitioners that as their land was originally assigned in the year 1928 without any condition of non- alienation, there is no reason or justification for the 4th respondent in insisting for submission of 'No Objection Certificate' from the revenue authorities. In support of their claim, the petitioners relied on a case in Joint Collector, Ranga Reddy District v. P. Harinath Reddy, 2009 (4) ALT 1 (DB).