Heard.

Before the learned Single Judge as well as before this Court, the learned counsel for the appel-
lants does not dispute the fact that the said land was assigned to the respondent-writ petitioner in the
year 1992 under Ex-Servicemen quota. Therefore, in terms of [Link]. 1117, dated 11-11-1993,
the writ petitioner is entitled to sell the assigned land after the year 2002 since the condition of inalien-
ability does not apply after ten years of assignment. Hence, we are of the considered view that the
learned Single Judge has rightly disposed of the writ petition and we do not see any reason to interfere
with the findings recorded in the impugned order.
Accordingly, the writ appeal is dismissed. No order as to costs.
Miscellaneous petitions filed in the writ petition, if any, shall stand closed.
Sd/- K. Gangadhar Rao
Assistant Registrar

Office of the Commissioner and Inspector General of

Registration and Stamps, A.P., Hyderabad.
[Link].G1/9916/2013 Dated : 03.08.2013
Sub : Registration and Stamps - Registration of properties owned by Minors certain instructions
issued - Reg.
Ref: [Link]. 25743/Regn.I/A1/2013-1 dated 02.07.2013
***
The attention of all the Registration Officers in the State is invited to the subject and reference
cited. It is brought to the notice of the under signed by Government that the properties owned by
minors are prohibited from transfer (except with previous permission of the Court) under section 8(2)
of the Hindu Minority and Guardianship Act, 1956. The Section 8(2) of Hindu Minority and Guardian
ship Act, 1956 is as follows:
" The natural guardian shall not, without the previous permission of the Court,-
(a). mortage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable
property of the minor or
(b). lease any part of such property for a term exceeding five years or for a term extending
more than one year beyond the date on which the minor will attain majority"
Hence, they are directed not to register the documents containing properties owned by minors
in respect of above mentioned transactions without permission of the Competent Court though
represented by legal or natural guardian.
Sd/- Dr. Vijay Kumar
Comissioner and Inspector General of
Registration and Stamps, A.P., Hyderabad.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT
LANDS- Government land assigned to Ex-serviceman and Freedom Fighters for agriculture purpose
- Issue of 'NOC" to sell away the land assigned under the said category - certain instructions- Issued.
------------------------------------------------------------------------------------------------------------------------------------
Revenue (Assignments.I) Departments
[Link]. 307 Dated 06.06.2013
Read the following:-
Read: 1) [Link].743, Revenue (B) Department, dated 30.04.1963.
2) [Link].1117 Revenue (Assn.I) Department. dated 11.11.1993.
3) [Link]. 1045, Revenue (Assn.I) Department, dated 15.12.2004.
4) Government Memo. No. 21307/Assm.I(1)/2012-1, dated 09.05.2012
5) Government [Link]. 21307/Assn.I(1)/2012-2, dated 09.05.2012.
6) Letter No.B1/770/2012, dated 18.07.2012 received from the Special Chief
Secretary and Chief Commissioner of Land Administration, AP Hyderabad.
7) Letter No. B1/770/2012, dated 07.08.2012 received from the Special Chief
Secretary and Chief Commissioner of Land Administration, AP Hyderabad.
***
ORDER: -
In the G.O. 1st read above, orders were issued to the effect that an Exserviceman is eligible for
assignment of Act 2.50 wet or AC.5.00 of dry land, provided that the total extent of land alread/ owned
plus the land assigned to him, shall not exceed AC 2.50 wet or AC 5.00 dry land. The grant of lands
under the said orders, shall however be subject to certain condition. One of these conditions is the
"lands assigned shall not be sold or otherwise allenated for a period of ten years".
2. In the G.O. 2nd read above orders were issued directing that the Ex-serviceman are free to sell
away their assigned lands after a period of ten years in partial modification of the orders issued in the
1st read above and all other conditions specified in the G.O.1st read above shall continue.
3. In the G.O. 3rd read above orders were also issued according permission to the effect that the
freedom Fighters are free to sell away their assigned land after a period of ten years.
4. Whereas, in several cases it has been brought to the notice of the Government that" No
Objection Certificate" (NOC) is being inciscriminately issued by the Tahsildars/Rao's and the District
Administration for the lands assigned to the Ex-serviceman and political sufferes without observing
the genuineness of the records and also issuing 'NOC" to the third parties who have purchased the
land basing on the bogus records. Basing on such 'NOCs' it has become difficult to resume the lane at
a later date and the genuine allottees are also facing difficulties to sell away ther assingend land as
per the existing orders.
5. Taking into consideration of the above difficulty being involved in the issue under reference in
the 4th read above, all the District Collectors have been requested not to issue "NOCs/ until the matter
is examined fully and a decision is taken in the matter. The special Chief Secretary and Chief
Commissioner of Land Administration has also been requested to review the 'NOCs' issued so far and
send guidenlines so as to issue necessary orders in the matter.
6. In this regard the Special Chief Secretary and Chief Commissioner of Land Administration has
convened a meeting on 27.06.2012 with the officials of Registration and Stamps, Survey Settlemetns
& Land Records. GHMC and with certain collectors on the issue. Government have also convened a
meeting on 06.08.2012 to sort out various involved in issuing 'NOCs' to the lands assigned to ex-
serviceman and Freedom Fighters with reference to the existing instructions with special Chief Secretary
and Chief Commissioner of Land Administration, AP Hyderabad and other officials concerned.
7. In the references 6th and 7th read above, in terms of the minutes of the meeting held
on the subject matter, the Special Chief Secretary and Chief Commissioner of Land Administration,
has furnished draft guidelines to have a uniform procedure for issue of "NOCs' permitting sale of
assigned lands allotted to Ex-serviceman and Freedom Fighters or their legal heirs.
8. Government after careful examination of the matter issues the following guidelines to
follow uniform procedure for issue of "NOCs" permitting sale of assigned lands allotted to Ex-serviceman
and Freedom Fighters or their legal heirs in continuation of the existing orders connected to the
subject.
(i) The District Collector shall be the authorit competent to issue 'NOC's and any
authority below him;
(ii) The District Collector shall get enquiry report from the departmental officials about the
genuiness of the assignees, the status of the land on ground;
(iii) The District Collector is competent to issue'NOC'sfor the lands where market value is less
than Rs.50.00 lakhs. The Market value shall be fixed based by the Tahsildar/RDO/ Joint
Collector concerned. The Market Value thus fixed shall not be less than the Basic Value of
the registratio Department;
(iv) In cases, where the Market Value of the land exceeds Rs.50.00 lakhs, the District Collectors
shall send proposal to the Chief Commissioner of Land Administration. The Chief
Commissioner of Land Administration will scrutinize the same and issue permission to the
District Collector for grant of 'NOCs' for the lands, where the Market Value is less than Rs.
2.00 crore;
(v) The Chief Commissioner of Land Administration will forward the proposal with his remarks
to Government, wherever the Market Value of the land is more than Rs. 2.00 crore. The
Government will take a decision on the desirability of issuing 'NOCs' and accordingly issue
permission to the District Collector for grant of 'NOCs'.
(vi) The District Collector shall verify the grounds put forth by the applicant and take a decision
on the grant of 'NOCs', keeping in view the financial condition of the applicant and the
genuineness of the grounds that have been cited by the applicant.
(vii) The District Collector shall assess whether any alternative means are available to meet
the expenses of the applicant's emergency/ essentials;
(viii) 'NOCs' shall not be issue to the third party applicant's i.e. who had purchased the land
from the original assignees or their legal heirs without obtaining 'NOCs' from the District
Collector earlier;
(ix) Any deviation of these guidelines shall be referred to the Government for appropriate
orders.
(x) The above guidelines shall be subjected to final outcome in [Link]. 352 of 2013 against
Order dated 31.12.2012 in W.P. No.30526 of 2012 and batch.
9. The Special Chief Secretary and CCLA/District Collectors shall take necessary further
action in the matter.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHA PRADESH)
[Link]
PRINCIPAL SECRETARY TO GOVERNMENT