Andhra Pradesh High Court - Amravati
Bhupatiraju Sambhasiva Raju, vs The State Of Andhra Pradesh, on 6 January, 2021
Bench: M.Ganga Rao
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
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
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
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
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITON NO.197 of 2021
Date: 06-01-2021
KLPD
