Andhra Pradesh High Court - Amravati
State Of Andhra Pradesh, vs M.C.Venkateswara Prasad, on 14 October, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
APHC010326052017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
MONDAY, THE FOURTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT APPEAL NO: 951/2017
Between:
State Of Andhra Pradesh, and Others ...APPELLANT(S)
AND
M C Venkateswara Prasad ...RESPONDENT
Counsel for the Appellant(S):
1. GP FOR ASSIGNMENT (AP)
Counsel for the Respondent:
1. K NARSI REDDY
The Court made the following Judgment:
(per Hon'ble Sri Justice R. Raghunandan Rao)
Heard learned Government Pleader for Assignment appearing for
the appellants and Sri K. Narsi Reddy, learned counsel appearing for the
respondent.
2. The respondent herein had purchased Ac.2.03 cents in
Sy.No.736 of Kothavaripalle Village, Madanapalli Mandal, Chittoor District
by way of a registered deed of sale, dated 23.05.2011, from his vendor.
RRR,J & HN,J
After execution of the said deed of sale, the respondent had sought
mutation of the revenue records, in relation to this land, by way of a
representation, dated 18.06.2011. The respondent had also given an
application, dated 06.09.2011, to the 4th appellant, for grant of No
Objection Certificate (NOC) since the original owner of the land had been
assigned this land in 1926. At that stage, the District Collector, on a
representation made by a third party, issued proceedings dated
05.06.2011, for conducting an enquiry into the matter.
3. As no steps were being taken by the 4th appellant to pass
orders on his application for mutation and issuance of NOC, the
respondent has approached this Court by way of W.P.No.7393 of 2013.
The defence taken by the revenue is that the land was assigned land and
could not have been transferred, in view of the bar under the provisions of
the the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short
'the Act'),
4. A learned Single Judge, of the erstwhile High Court of
Judicature at Hyderabad for the State of Telangana and the State of
Andhra Pradesh, by order dated 02.06.2017, had allowed the writ petition
on the ground that the initial assignment of the land was done in the year
1926, and the provisions of the Act would not be applicable as there was
no condition of non-alienation, attached to the assignment of lands prior
to 18.06.1954. The learned Single Judge also noticed the fact that the
RRR,J & HN,J
condition of non-alienation was introduced by the Government by way of
G.O.Ms.No.1142, dated 18.06.1954, and had held that any assignment of
land before the said date would not qualify to be an assigned land under
the provisions of the Act. The learned Single Judge, after noticing various
judgments of the erstwhile High Court of Andhra Pradesh, including G.
Satyanarayana vs. Government of A.P.,1, and Boya Ramappa vs.
Joint Collector and Ors.,2, had held that the land in question cannot be
treated as assigned land falling within the ambit of the Act and
consequently, directed the 4th appellant to mutate the name of the
respondent in the revenue records in relation to the aforesaid land.
5. Aggrieved by the said judgment, the appellants have moved
the present writ appeal.
6. It is now well settled law, in view of the above cited
judgments, that any land which has been assigned prior to 1954 would
not fall within the ambit of the Act. This position of law is further
buttressed by G.O.Ms.No.575, dated 16.11.2018 wherein the
Government of Andhra Pradesh has ordered deletion of government
lands assigned prior to 18.06.1954 from the purview of Section 22-A of
the Registration Act, 1908.
7. For the aforesaid reasons, there are no merits in the present
writ appeal. Accordingly, this writ appeal is dismissed. However, the costs
(2014) 4 ALD 358
(2017) 2 ALD 214
RRR,J & HN,J
of Rs.3000/- imposed by the learned Single Judge, is waived. There shall
be no order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand
closed.
R. RAGHUNANDAN RAO, J
HARINATH.N, J
Js.
RRR,J & HN,J
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
And
HON'BLE SRI JUSTICE HARINATH.N
14th October, 2024
Js.
