THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.8773 OF 2019
ORDER:-
This Writ 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 action of the 2nd
Respondent in not deleting the land an extent of Ac. 0.85 4/3
cents (4318-38 Sq.yds) in Sy.No. 694/1 of Tirupati, Tirupati Urban Mandal, Chittoor District, pursuant to the report of the 4th respondent Vide Roc.A/82/2018 dated 03.01.2019 is illegal, arbitrary and consequently direct the 2nd respondent to delete the said land from the prohibited property list maintained under Section 22-A of the Registration Act, 1908".
2. Heard, learned counsel for petitioner and learned Assistant Government Pleader for Registration and Stamps for Respondents.
3. The Case of the petitioners is that they are the absolute owners of the land an extent of 4318-38 Sq.yds situated in Sy.No. 694/1 of Sivajyothi Nagar, Tirupati, Tirupati Urban Mandal, Chittoor District, who have been purchased the same through a Registered Sale Deeds respectively from the respective vendors separately. Out of the land an extent of 4,057-72 Sq,yds, the petitioner have applied for construction of multi storied commercial building to the Municipal Corporation on 04.03.2017 and on approval the petitioners have constructed the building by spending huge amounts by borrowing from financial corporations and executed a Mortgage Deed in favour of Municipal Corporation on 12.04.2017 as per the Rules. The petitioners intend to lease out the building to third parties and approached the 4th respondent, who informed that the land in Sy.No. 694/1, 594/2 and 694/3 (though the land in Sy.No.694/2 was acquired for formation of bye-pass road and compensation was paid) are included in the prohibited property list maintained under Section 22-A of the 2 Registration Act, 1908 and the petitioners made an application with a request to delete the land from the prohibited property list, but in vain. Assailing the illegal and arbitrary action of the respondents, this Writ Petition came to be filed.
4. Learned counsel for the petitioner submits that the petitioners came to know that the 3rd respondent addressed a letter on 03.01.2019 to the 2nd respondent wherein it was mentioned that the Sy.No. 496/1 and 3 (New Sy.Nos. 692/1 to 700/2) were recorded as DKT lands assigned to political sufferers. He contends that the 3rd respondent ignored that the land assigned to Ex- servicemen/ political sufferers can be alienated the same without any NOC after expiry of 10 years and that the petitioner entered into agreement of sale on 30.01.2013 nearly after expiry of 15 years. 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 NOC is dispensed with and there is no need for obtaining NOC in all cases of assignments made to ex-servicemen and freedom fighters in which a period of ten years has expired. 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 lands list, is arbitrary and illegal.
5. 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.20227 of 2020, 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 3 judgment, dated 29.08.2019. He prayed to pass similar order in this writ petition also.
6. Having regard to the facts and circumstances of the case, submissions of both the counsel and in view of the earlier orders passed by the common High Court and this Court, and the settled legal position, this court found that in view of the G.O.Ms.No. 279 dated 04.07.2016, wherein the Government had dispensed with the grant of No Objection Certificate in case of assignment of land to the Ex-Serviceman and Freedom Fighters, where 10 years period has elapsed from the date of assignment and keeping in view of the ratio in the decision in M. Ramakrishna Vs. State of Andhra Pradesh1 wherein it was held that the land assigned to Ex- serviceman after expiry of 10 years is alienable. The action of the 5th respondent in refusing to receive, register and release the document is illegal, arbitrary, contrary to the provisions of Registration Act. Hence, keeping the land in the prohibited property list is illegal. Accordingly, 2nd respondent is directed to consider the A.P. Online application of the petitioner No. TTA011900036582, dated 03.04.2019 for deletion of the land to an extent of Ac. 0.85 4/3 cents out of 4318-38 Sq.yds situated in Sy.No. 694/1 of Sivajyothi Nagar, Tirupati, Tirupati Urban Mandal, Chittoor District, from the prohibited property list maintained under Section 22-A of the Registration, 1908 as per law, within a period of four (04) weeks from the date of receipt of a copy of this order.
7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
1 2016(6) ALT 755 4 As a sequel, miscellaneous applications pending, if any, shall also stand closed.
__________________________ JUSTICE M. GANGA RAO Date: 20.01.2021 KK 5 THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.8773 OF 2019 Date: 20.01.2021 W KK