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2026 DIGILAW 143 (AP)

G. Sivabhavani, W/o. G. v. G. V, Krishnam Raju VS State Of Andhra Pradesh, Rep By Its Principal Secretary

2026-02-06

R.RAGHUNANDAN RAO

body2026
Order : R.RAGHUNANDAN RAO, J. As both Writ Petitions have been filed by the same petitioner in relation to the same relief, they are being disposed of by way of this Common Order. 2. Heard Sri G. Purushotham Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The averments in the Writ Petition are:- The husband of the petitioner had been assigned of Ac.2.57 cents of land, in Sy.No.265/1 & 265/2 of Kaikalur Village and Mandal, Krishna District, by way of a patta, dated 02.08.1971. The husband of the petitioner passed away on 03.01.2000. The petitioner, on account of family necessities, sought to sell the said land. However, the Sub-Registrar, Kaikalur, directed the petitioner to obtain a no objection certificate from the revenue department. Thereafter, the petitioner applied for an NOC. As this certificate was not issued, the petitioner has approached the erstwhile common High Court by way of W.P.No.12315 of 2016, for a direction to the authority to consider and pass orders on the request of the petitioner (this Writ Petition has been closed as the orders had been subsequently passed). The District Collector passed an Order, dated 08.12.2016, rejecting the request of the petitioner for grant of an NOC. 4. It may also be recorded that an Interlocutory Order had earlier been given in W.P.No.12315 of 2016 for the Commissioner to pass necessary orders. In pursuance of such orders, the Chief Commissioner of Land Administration passed a separate order on 08.08.2017 again rejecting the application of the petitioner for grant of NOC. 5. Aggrieved by these Orders of rejection, the petitioner filed W.P.No.1270 of 2017 against the Order of the District Collector, dated 08.12.2016 and W.P.No.38428 of 2017 against the Order of the Chief Commissioner of Land Administration, dated 08.08.2017. 6. During the pendency of these Writ Petitions, the petitioner had passed away and her children were impleaded as the petitioners 2 to 5. 7. The case of the petitioners is that their father, who was the original assignee, had been assigned the said lands on payment of market value and he was not a landless poor person, to whom such land had been assigned. 7. The case of the petitioners is that their father, who was the original assignee, had been assigned the said lands on payment of market value and he was not a landless poor person, to whom such land had been assigned. The petitioners contended that the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, would not be applicable to the present case and consequently, the refusal to grant NOC is impermissible and the said order of refusal needs to be set aside. The petitioner also seeks a positive direction for the grant of such an NOC. 8. A perusal of the impugned proceedings of the District Collector, dated 08.12.2016 as well as the Chief Commissioner of Land Administration, would show that the request for grant of NOC was rejected on the ground that the land in question is assigned land which falls within the prohibition set out under the provisions of the Board of Revenue Standing Orders [for short “BSO”] -15 & 24. Consequently, the said NOC cannot be granted. BSO-15 provides for the disposal of land subject to payment of assessment or by way of assignment to the landless poor person also. In the first category, the land would be assigned only on payment of appropriate consideration while the assignment under the second category would not require payment of any consideration and can be done free of cost. The condition set out in BOS-15, regarding non-alienation set out in Rule-37 of the said BOS would be applicable to land which had been granted without any payment of market value. The assignment of land on payment of consideration cannot be treated, strictly speaking as an assignment of land, without consideration. This distinction would arise on account of the fact that the alienation of the land, under the first category on payment of adequate consideration cannot be equated with alienation without consideration. In view of such consideration the said assignment would amount effectively to a transfer of land and consequently that there would be no prescription of non-alienation of the said land as a condition precedent for the assignment of such land. 9. BSO-24 provides for placing the state land at the disposal of persons, institutions and local bodies and exemption from land revenue. 9. BSO-24 provides for placing the state land at the disposal of persons, institutions and local bodies and exemption from land revenue. This BSO permits the transfer of land, subject to the condition that the market value of such land does not exceed Rs.50,000/- in the case of local bodies and Rs.3000/- in case of individual etc. This BSO while assigning such land does not stipulate that the land cannot be alienated for any purpose. The conditions set out in Rule-6 and BSO-24 does not set out any such stipulation. In the absence of any such stipulation in BSO-24, the authority cannot refuse grant of an NOC for alienation of the land assigned under BSO-24. 10. In such circumstances, the rejection of the application of the petitioner for grant of an NOC is not based on any provision of law and would have to be set aside. 11. Accordingly, the Writ Petitions are allowed, setting aside the impugned order, dated 08.12.2016, passed by the District Collector and the impugned order, dated 08.08.2017, passed by the Chief Commissioner of Land Administration, with a further direction to the District Collector to pass a necessary order for grant of NOC within six week from the date of receipt of this Order. In the event, that the District Collector not comply with the condition, it would be open to the petitioner to sell their land and the concerned Sub-Registrar, upon such presentation of any documents relating to this land, shall process the documents, without insisting for any NOC from the revenue authorities. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.