State Of Andhra Pradesh vs M.V. Pedda Ayyanna
2024 Latest Caselaw 9519 AP

Citation : 2024 Latest Caselaw 9519 AP
Judgement Date : 21 October, 2024

Andhra Pradesh High Court - Amravati

State Of Andhra Pradesh vs M.V. Pedda Ayyanna on 21 October, 2024

Author: R. Raghunandan Rao

Bench: R Raghunandan Rao

 APHC010228962018

                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                            [3488]
                              (Special Original Jurisdiction)

                MONDAY, THE TWENTY FIRST 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: 640/2018

Between:

State Of Andhra Pradesh and Others                              ...APPELLANT(S)

                                       AND

M V Pedda Ayyanna and Others                                  ...RESPONDENT(S)

Counsel for the Appellant(S):

1. GP FOR ASSIGNMENT (AP)

Counsel for the Respondent(S):

1. Y NAGI REDDY

The Court made the following Judgment: (per Hon'ble Sri Justice R. Raghunandan Rao)

Sri M.V. Pedda Ayyanna, who was the Writ Petitioner, approached the

erstwhile High Court at Hyderabad for the State of Telangana and the State of

Andhra Pradesh, by way of W.P.No.41428 of 2017, being aggrieved by the

inclusion of his land admeasuring Ac.1.12 cents in Sy.No.176/1 and Ac.0.18

cents in Sy.No.176/2 of Bangarupeta, Kurnool City, Kurnool District, in the

prohibitory list maintained under Section 22-A of the Registration Act, 1908.

2. The case of the writ petitioner was that, this land had been assigned to

his father, under the Ex-Servicemen category, which permits alienation of

such assigned lands after 10 years of such assignment and the said lands

could not have been included in the prohibitory list under Section 22-A of the

Registration Act, 1908.

3. A learned Single Judge of this Court, dated 18.12.2017, had allowed the

Writ Petition with costs, directing the 2nd respondent to delete the subject land

from the list of prohibitory properties communicated by him to the 5th

respondent and with a further direction to the 5th respondent therein to accept

any document presented by the petitioner for the purpose of alienating the

subject land and to register the same in accordance with the provisions of the

Registration Act, 1908 & Stamp Act, 1899.

4. Aggrieved by this judgment, the present Writ Appeal has been moved

by the official respondents in the Writ Petition.

5. The contention of the appellants is that, the assignments had been

made under the Darkhast Rules and as such, land would have to be treated

as regular assigned land, which is subject to the provisions of the Andhra

Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

6. It is now settled law, by a catena of judgments of this Court, that any

assignment of land to an Ex-Serviceman, cannot be treated as an assigned

land, which would attract the provisions of the Andhra Pradesh Assigned

Lands (Prohibition of Transfers) Act, 1977 in as much as the assignment of land to the Ex-Servicemen is clearly not an assignment to a landless labour as

an Ex-Serviceman would not fall within that category.