HONOUERABLE SRI JUSTICE M. GANGA RAO
Writ Petition No.197 of 2021
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the inaction of the respondents in de-notifying land in an extent of Ac.4.70 cents in Survey No.56/11 situated at Chodapalli village, Atchuthapuram Mandalam, Visakhapatnam District from Prohibited Property Register maintained under Section 22A of Registration Act, 1908, as per the order dated 31.01.2014 passed by erstwhile Common High Court in W.P.No.77 of 2014 (Annexure P4) and as recommended by the respondents 5 and 6 vide Annexure P5 to P10 as illegal, arbitrary and consequently direct the respondents to de-notify the subject land from prohibited property list and further direct the respondents to receive and register the document presented before the registering authorities."
The case of the petitioner is that he is the absolute owner and possessor of land extent of Ac.4.70 cents in Survey No.56/11 situated at Chodapalli village, Atchuthapuram Mandalam, Visakhapatnam District. He purchased the said land from one S.V.Ramana Murthy under registered sale deed bearing document No.6240 of 2006. The vendor of the petitioner was an Ex-servicemen. He was assigned the said land under Ex-servicemen quota vide proceedings No.1 DC.No.70/69, dated 28.03.1983 and his name was recorded in revenue records. The assignee is entitled to alienate the land assigned to him after completion of ten years of the assignment of land as per the G.O.Ms.No.1117, Revenue (Assignment-1) Department, dated 11.11.1993. But, the 2 revenue authorities included the subject land in the prohibited property list under Section 22(A) of Registration Act. Then, the petitioner submitted the representation to the respondents for de-notifying the land from the said register. When the respondent authorities had failed to consider his request to de-notify the land, he filed W.P.No.77 of 2014 before the erstwhile High Court of Andhra Pradesh. The said writ petition was disposed of directing the 3rd respondent therein to receive and process the conveyance deed in respect of subject land. Assailing the inaction of the respondents in de-notifying the petitioner's land, this writ petition came to be filed.
Learned counsel for the petitioner submits that admittedly the vendor of the petitioner was an ex-serviceman and he was assigned an extent of Ac.4.70 cents in Survey No.56/11 situated at Chodapalli village, Atchuthapuram Mandalam, Visakhapatnam District vide proceedings in DC.No.70/69, dated 28.03.1983 under Ex-servicemen quota. He contends that the 4th respondent has ignored that the land assigned to Ex-servicemen could be alienated without any NOC from the 5th respondent, after expiry of 10 years of assignment. The petitioner had entered into an agreement of sale on 27.10.2006 after expiry of 10 years of assignment. In fact, in supersession of the G.O.Ms.No.307, the G.O.Ms.No.279, Revenue (Assn.I) Department, dated 04.07.2016, was issued stating that the procedure of issuing 3 NOC is dispensed with and there is no need to obtain NOC in all the cases of assignments made to ex-servicemen and freedom fighters after expiry of ten years of assignment. Therefore, the action of the 4th respondent in insisting for NOC as per G.O.Ms.No.307, dated 06.06.2013, without following the orders issued in G.O.Ms.No.279, dated 04.07.2016, and the refusal to entertain the sale deed for registration stating that the subject land is included in the prohibitory property list, is arbitrary and illegal.
He further submits that earlier in similar set of circumstances, the common High Court and this Court passed orders in W.P.No.23523 of 2016, dated 27.07.2016, W.P.No.12835 of 2016 dated 01.09.2016 and WP.No.1135 of 2019, dated 29.03.2019 and that W.A.No.1247 of 2019 filed assailing the order in WP.No.1135 of 2019 was also dismissed vide judgment, dated 29.08.2019. He prayed to pass similar order in this writ petition also.
Having regard to the facts and circumstances of the case, submissions of the counsel and perused the record, this Court found that the action of the respondents in refusing to register the document in respect of the land an extent of Ac.4.70 cents in Survey No.56/11 situated at Chodapalli village, Atchuthapuram Mandalam, Visakhapatnam District held to be illegal, in view of the earlier orders passed by the combined High Court of Andhra Pradesh and this Court and the settled legal position, by taking into considering the 4 G.O.Ms.No.279, dated 04.07.2016 and also the order, dated 31.01.2014 passed in WP.No.77 of 2014. Accordingly, the writ petition is disposed of directing the respondents 2 and 3 to delete the subject land from the prohibited property list as expeditiously as possible but not later than six(6) weeks from the date of receipt of a copy of this order and on such deletion, 4th respondent is directed to receive and register the documents presented by the petitioner in respect of the land an extent of Ac.4.70 cents in Survey No.56/11 situated at Chodapalli village, Atchuthapuram Mandalam, Visakhapatnam District. If the same is in accordance with the provisions of the Registration Act, 1908 and the rules made thereunder and release the same as per law within one (1) week from the date of presentation of the document.
Accordingly, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
________________ M. GANGA RAO, J Date: 06-01-2021 KLPD 5 THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITON NO.197 of 2021 Date: 06-01-2021 KLPD