Andhra Pradesh High Court - Amravati
D.Sarala vs The State Of Andhra Pradesh., on 29 January, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.1696 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. 2.50 cents in
Sy.No.111/3D and an extent of Ac. 1.33 cents in Sy.No.111/3E of
Angallu Revenue Village, Kurabalakota Mandal, Chittoor District
in prohibited property list and the consequential action of the 5th
respondent in refusing to entertain the Sale Deed for registration
is illegal, arbitrary and consequently direct the 5th respondent to
receive, register and release the document presented by the
petitioner".
2. Heard, learned counsel for the petitioners and learned
Assistant Government Pleader for Registration and Stamps for
Respondents.
3. The Case of the petitioners is that the land to an extent of
Ac. 2.50 cents in Sy.No.111/3D and an extent of Ac. 1.33 cents in
Sy.No.111/3E of Angallu Revenue Village, Kurabalakota Mandal,
Chittoor District was assigned in favour of one M. Krishnamurthy
Naidu under Ex-Serviceman Category vide AM No.167/06/2013,
dated 23.05.2004 and AM No. 56/04/2014, dated 04.11.2006. The
said Krishnamurthy gifted the said property in favour of petitioners
by way of Registered Gift Deed No.258 of 2009 dated 25.11.2019.
After death of said Krishnamurthy, the revenue authorities have
issued Pattadar Pass Books and Title Deeds in favour of petitioners
in recognition of their possession and enjoyment of the property.
The petitioners intended to alienate the land and approached the
5th respondent for Valuation Certificate, showing the value as NIL,
on the ground that the subject land is included in the prohibited
property list as assigned land. The petitioners have applied for
NOC from the 2nd respondent, 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 admittedly
the land was assigned to the executant of the Gift Deed in favour of
petitioners by name M. Krishnamurthy Naidu 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, 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.
5. 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.
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. 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.
7. 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 land to an extent of Ac. 2.50 cents in
Sy.No.111/3D and an extent of Ac. 1.33 cents in Sy.No.111/3E of
Angallu Revenue Village, Kurabalakota Mandal, Chittoor District,
from the prohibited property list maintained under Section 22-A of
the Registration, 1908 within a period of four (04) weeks from the
date of receipt of a copy of this order and on such deletion, the 3rd
respondent is directed to receive the proposed sale deed, register it,
if it is otherwise in order and release the same in accordance with
law as expeditiously as possible within a period of two (02) weeks
after receipt of orders from the 2nd respondent.
8. 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: 29.01.2021
KK
2016(6) ALT 755
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.1696 OF 2021
Date: 29.01.2021
W
KK
