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2012 Supreme(AP) 1259

C.V.NAGARJUNA REDDY
Ande Narasimha Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Petitioner:N. Siva Reddy, Advocate.
For the Respondents: GP for Revenue.

Judgment :

This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.3 and 6, in not receiving the document sought to be presented by the petitioner for registration in respect of Acs.5-00 of land in Survey No.356/2 of Desapatrunipalem Village, Parawada Mandal, in Visakhapatnam District, as illegal and arbitrary.

The petitioner is an ex-serviceman, who was granted a DKT patta in respect of the abovementioned land. On 25-01-1993, when the petitioner sought to sell the said land and presented sale deed for registration, respondent No.6 refused to receive the same on the ground that the same is covered by a DKT patta containing prohibition on transfer of the land. Feeling aggrieved by the said action, the petitioner filed the present Writ Petition.

In support of his plea that he is entitled to transfer the land in question, 10 years after the assignment was made, he has placed reliance on GO.Ms.No.1117, dated 11-11-1993. A perusal of the said GO shows that the State Government has earlier issued GO.Ms.No.743, Revenue (B) Department, dated 30-04-1963, whereunder conditions were framed for assignment of the lands in favour of ex-service men. One such condition w






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