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Friday, March 22, 2013

Whenever the Government assigns land to the deserving persons, conditions are incorporated prohibiting alienation. The lands that are assigned to Ex-servicemen, however, are treated differently. For all practical purposes, such lands are taken away from the purview of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. The Government issued G.O.Ms.No.1117, dated 11.11.1994, directing that, after expiry of ten years from the date of assignment, the Ex-servicemen shall be entitled to alienate the land assigned to them. In case, ten years have expired from the date of assignment in favour of the vendor of the petitioner, the respondents cannot object the alienation made by him.


THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

 

WRIT PETITION No.13157 of 2012

 

ORDER:

 

 

One Sri S.G.Hanumanthu was assigned an extent of Acs.5.00 of land in Survey No.384-1 of Kirikera Village, Hindupur Mandal, Anantapur District, in his capacity as Ex-Serviceman. The petitioner claims to have purchased the same from S.G.Hanumanthu. Heintended to sell the property and claims to have approached the 4th respondent with a request to furnish the necessary particulars. His grievance is that the 4th respondent is insisting on submission of ‘No Objection Certificate’ from the Revenue Authorities. Placing reliance upon the orders issued by the Government in G.O.Ms.No.1117, dated 11.11.1993, the petitioner seeks a declaration to the effect that his vendor is entitled to alienate the property.

          Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

          Whenever the Government assigns land to the deserving persons, conditions are incorporated prohibiting alienation.  The lands that are assigned to Ex-servicemen, however, are treated differently.  For all practical purposes, such lands are taken away from the purview of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.  The Government issued G.O.Ms.No.1117, dated 11.11.1994, directing that, after expiry of ten years from the date of assignment, the Ex-servicemen shall be entitled to alienate the land assigned to them.  In case, ten years have expired from the date of assignment in favour of the vendor of the petitioner, the respondents cannot object the alienation made by him. 

Hence, the writ petition is disposed of, directing that the
4th respondent shall entertain and process the document that may be presented by the petitioner, 
in accordance with law, in case the period of ten years is expired from the date of assignment, without insisting on submission of “No Objection Certificate”.  There shall be no order as to costs.

The miscellaneous petition filed in this writ petition also stands disposed of.

 

     ______________________

   L.NARASIMHA REDDY,J


Dt:27.04.2012.

kdl


 

 











 

 















































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