S ZAKHIR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) ONE Mr. A. Seshappa was assigned an extent of 65 cents of land in Survey no. 49/1 of Kakkalapalli Village, Anantapur District way back on 25. 06. 1934 by the then British Government. It is stated that there was a condition to the effect that the assignee shall not sell the land within the period of 10 years from the date of assignment. He sold that land in favour of Nabi Sab and Kamal sab in the year 1947. In the next year i. e. , 1948, the land was purchased by one Mr. Hussain Peera. From out of 65 cents, the petitioner purchased 10 cents in the year 1994. With a view to sell that property, the petitioner presented a document before the Sub-Registrar, Ramnagar, 4th respondent herein for registration. He insisted on submission of No Objection Certificate (NOC) from the Revenue Department. Therefore, the petitioner approached the Tahsildar, anantapur Mandal, 3rd respondent herein.

(2.) AFTER verification of the matter, the 3rd respondent recommended for issuance of No Objection Certificate to the petitioner, through his letter, dated 02. 04. 2008 addressed to the District Collector, Anantapur District, 1st respondent herein. The grievance of the petitioner is that the NOC is not being given to him, on the ground that the land was included in the prohibition register and the respondents are refusing to permit him to sell the land.

(3.) ON behalf of the respondents, a detailed counter affidavit is filed. It is stated that even for the lands that were assigned in the year 1934, the prohibition of alienation applies and the petitioner cannot insist on issuance of NOC.