Irugu Guruswamy vs The State Of Ap
2021 Latest Caselaw 222 AP

             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

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

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.

2016(6) ALT 755

As a sequel, miscellaneous applications pending, if any, shall

also stand closed.

__________________________ JUSTICE M. GANGA RAO Date: 20.01.2021

KK

THE HON'BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION No.8773 OF 2019

Date: 20.01.2021

W

KK