Andhra Pradesh High Court - Amravati
C Balaji vs The State Of Andhra Pradesh, on 20 October, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.11779 of 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"declaring the action of the declaring the action of the 3rd respondent herein in insisting the petitioner to produce NOC from the 2nd respondent herein for registration of the sale deed in favour of the intending purchaser in respect of his land admeasuring Ac.1-07 cents in Sy.No.125/1A situated in the village account of Greamspet, Chittoor Town, Chittoor District as illegal arbitrary and unconstitutional being violative of Articles 14 and 21 of the Constitution of India and also vilative of principles of natural justice and consequently direct the 3rd respondent herein to receive, register and release the sale deed in favour of the intending purchaser in respect of his land admeasuring Ac.1- 07 cents in Sy.No.125/1A situated in the village account of Greamspet, Chittoor Town."
It is the case of petitioner that, he is the absolute owner of land admeasuring Ac.1-07 cents in Sy.No.125/1A situated in the village account of Greamspet, Chittoor Town. Originally the land was assigned by the Government of Andhra Pradesh by issuing DKT patta in favour of one Pammi Sheshaiah Setti on 01.02.1957 under political sufferer quota and it is alienable by the grantee. Pammi Sheshaiah Setti sold the land to the maternal uncle of this petitioner by name R. Chengalaraya Setti through registered sale deed being document No.4180/1966 and died intestate leaving behind his two wives Adilakshmamma and Narayanamma to succeed legal heirs. After the death of R. Chengalaraya Setti, his two wives partitioned the property through registered partition deed bearing document No.2447/2020. Further, as Smt. Narayanamma had no children and as she was looked after by the petitioner's father, she executed gift deed in favour of petitioner's father out of love and affection through gift settlement deed No.5602/2005 and by virtue of the said deed, the petitioner's father became absolute owner of the said property.
MSM,J WP_11779_2020 2 As the petitioner's father died intestate leaving behind the petitioner, he became the absolute owner of the said property.
Further, the petitioner intended to sell the said property to clear the debts, but the intending purchasers did not come forward to purchase the property on the premise that the land is DKT patta land. Thereupon, the petitioner approached the third respondent to register the property in favour of the intending purchasers, the third respondent asked to obtain NOC from the second respondent. It is the contention of the petitioner that the government issued G.O. relaxing and permitting DKT patta holders (political sufferers) to alienate their properties to any intending purchasers without insisting for NOC from the second respondent. Though NOC is not necessary for registering the property, the petitioner made representation to the second respondent on 21.10.2019 seeking to issue NOC in his favour. But the second respondent has not issued no objection certificate, for sale of property assigned to the under political sufferer quota. Therefore, the petitioner questioned the inaction of respondents in completing the process for issue of no objection certificate.
The learned Assistant Government Pleader for Revenue, contended that in view of G.O.Ms.No.279 dated 04.07.2016, certain guidelines were issued, in view of the said guidelines, no objection certificate is not required, for sale of property assigned to political sufferer. As per G.O.Ms.No.279, dated 04.07.2016, the Government clarified in sixth para of G.O as follows:
(i) The procedure of issuing 'NOC' shall be dispense with. There shall be no need for obtaining NOC in all cases of assignment of Ex-servicemen and freedom fighters in which a period of 10 years MSM,J WP_11779_2020 3 has expired and there is no dispute on the land with the Government.
(ii) All such cases without dispute shall be deleted from the prohibitory list under Section 22-A of Registration Act, 1908 and furnished to the Registration Department.
(iii) In respect of cases in which there is a dispute with Government about the genuineness of the assignment or otherwise a list of such cases shall be prepared by District Collector and furnished to Registration Department by following the procedure under Section 22-A. The Sub-Registrar shall enter the details of such disputed lands in the online records deleting all other lands in which there is no dispute.
In view of guidelines in G.O.Ms.No.279 dated 04.07.2016, no objection certificate is not required for sale of land, assigned to political sufferer. However, District Collector, Chittoor District/second respondent herein is directed to take immediate steps to complete the process of issuing no objection certificate, to enable the petitioner to execute registered sale deed or inform that or such no objection certificate is required for registration of document when the property is assigned under political sufferers quota.
With the above direction, the writ petition is disposed of. There shall be no costs.
Consequently miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 20.10.2020 SP