P. RAMA MOHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner seeks writ of mandamus declaring the action of the respondents in not releasing the document in P. 135/2018 by registering the same presented by the petitioner as illegal and for a consequential direction.

(2.) The petitioner's case is that the land in an extent of Acres 4.93 cents in Survey Nos. 304/4, 5, 6, 7 and 304/2B situated in Vikruthamala Village, Yerpedu Mandal, Chittoor District, was assigned to his mother under ex-serviceman quota as a Widow of ex-service man vide DKT No. 39/4/1408, dated 10.08.1998 with a condition not to alienate the land for a period of ten years from the date of assignment. After her death, the petitioner has succeeded the said land. When the petitioner tried to sell the land to third parties, the Sub-Registrar refused on the ground that the land was included in the list of Government lands and insisted to obtain no objection certificate (NOC). G.O. Ms. No. 279, Revenue (Assign. I) Department, dated 04.07.2016, clearly spells out that the procedure of issuing of "NOC " is dispensed with holding that there was no need to obtain "NOC " in case of assignment to the ex-servicemen and freedom fighters where a period of 10 years has expired and where there is no dispute on the land with the Government. In that view, the petitioner filed W.P. No. 25764 of 2016. This Court, in its order dated 27.08.2016, having regard to its previous order in W.P. No. 23523 of 2016, directed the respondents to receive the documents presented for registration and process the same, if it is otherwise in order.

(3.) Heard learned counsel for petitioner and learned Government Pleader for Stamps and Registration for the respondents.