Andhra Pradesh High Court - Amravati
K V Nagaraju vs State Of Andhra Pradesh on 25 January, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.1071 OF 2021
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
Respondents in including the land an extent of Ac. 0.26 cents in
Sy.No.16/3B and an extent of Ac. 0.30 cents in Sy.No.36/1A of
Chinnakakani Village, Mangalagiri Mandal, Guntur District in
prohibited property list, though the M.R.O submitted report in
R.C.No.184/2018 to delete the lands of the petitioner from the
prohibited property list and not disposing the representation
dated 26.12.2017 before the 3rd respondent is illegal, arbitrary
and consequently direct the respondents to delete the said land
from the prohibited property list".
2. Heard, learned counsel for the petitioner and learned
Assistant Government Pleader for Registration and Stamps for
Respondents.
3. The Case of the petitioner is that the land to an extent of Ac.
0.80 cents in Sy.No.36/1 and an extent of Ac. 0.26 cents in
Sy.No.16/1 of Chinnakakani Village, Mangalagiri Mandal, Guntur
District was assigned to Puli Sundhar Rao under Ex-Servicemen
category in 1990 and after completion of 10 years the R.D.O,
Guntur granted permission to sell the said land vide proceedings
No.D.D.No.3042/2004/A, dated 29.09.2004. On permission, the
assignee Puli Sundhar Rao sold an extent of Ac. 0.26 cents in
Sy.No.16/1 and an extent of Ac. 0.80 cents in Sy.No. 36/1 to
Munnangi Gopi Reddy through Registered Sale Deed No. 7772 of
2004 and 7956 of 2004 dated 05.10.2004. The Revenue
Authorities have issued Pattadar Pass Book and Title Deed in
favour of Munnangi Gopi Reddy.
4. The petitioner has purchased the land an extent of Ac. 0.26
cents in Sy.No.16/1 and an extent of Ac. 0.50 cents in Sy.No. 36/1
of Chinnakakani from his vendor M. Gopi Reddy through
Registered Deed No.6643 of 2018 and 6644 of 2018, dated
14.08.2008. The Revenue Authorities have issued Pattadar Pass
Book and Title Deed in favour of the petitioner. The petitioner has
sold the plot after dividing into plots and approached the Sub
Registrar for registration, who informed that the land is included in
the prohibited property list maintained under Section 22-A of the
Registration Act, 1908. The petitioner made representation on
26.12.2017 to the 2nd respondent requested to delete the land from
the prohibited property list along with connected records. On
direction, the Tahsildar, Mangalagiri enquired and submitted a
report to the District Collector and specifically mentioned that the
petitioner is in possession of the land and granted Pattadar Pass
Book in his favour, but the 2nd respondent did not take any action
for deletion of the land from the prohibited property list. Assailing
the illegal and arbitrary action of the respondents, this Writ
Petition came to be filed.
5. Learned counsel for the petitioner submits that admittedly
the land was assigned to the vendor of the petitioner as he was
served in Indian Army. As per G.O.Ms.No.279, Revenue (Assn.I)
Department, dated 04.07.2016, the Government dispensed with
the grant of No Objection Certificate in case of assignment of land
to Ex-Servicemen and Freedom Fighters. As per G.O.Ms.No.1117,
dated 11.11.1993, after laps of 10 years period from the date of
assignment. Hence, the Ex-Serviceman and freedom fighters are
entitled to sell the land. The action of the respondents in keeping
the land in the prohibited property list is arbitrary and illegal.
6. Learned counsel 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 W.P.No.1135 of 2019, dated
29.03.2019 and that W.A.No.147 of 2019 filed assailing the order
in W.P.No.1135 of 2019 was also dismissed vide judgment, dated
29.03.2019. He prayed to pass similar order in this writ petition
also.
7. 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. As per
G.O.Ms.No.1117, dated 11.11.1993, there is no restriction to sell
the land after laps of after laps of 10 years period 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 the Ex-serviceman after expiry of 10
years, he is entitled to sell the land. Hence, the action of the
respondents in including the petitioner's land in the prohibited
property list is illegal, arbitrary, contrary to the provisions of
Registration Act.
8. In view of the above settled legal position, in the interest of
justice, this Court, felt it appropriate to direct the 2nd respondent
to consider for deletion of the petitioner's land to an extent of Ac.
0.26 cents in Sy.No.16/3B and land to an extent of Ac. 0.30 cents
2016(6) ALT 755
in Sy.No.36/1A of Chinnakakani Village, Mangalagiri Mandal,
Guntur District as per the report in R.C.No.284/2018-A, dated
20.04.2018 submitted by the Tahsildar, Mangalagiri Mandal, from
the prohibited property list maintained under Section 22-A of the
Registration, 1908 as expeditiously as possible, within a period of
four (04) weeks from the date of receipt of a copy of this order and
communicate the same to the petitioner.
9. With the above directions, the Writ Petition is disposed of.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
__________________________
JUSTICE M. GANGA RAO
Date: 25.01.2021
KK
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.1071 OF 2021
Date: 25.01.2021
W
KK
