2022 Supreme(AP) 54
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M.SATYANARAYANA MURTHY, J.
M.Vijayabhaskar Raju - Petitioner
Vs.
The State of Andhra Pradesh - Respondent
WRIT PETITION Nos.172, 122 and 2113 of 2018
Decided On : 21-01-2022
Advocates:
Advocate Appeared:
For the Petitioner: VENKATESWARA RAO GUDAPATI
For the Respondent: GP FOR REVENUE TG
Point of Law: Issue of direction by respondent No.2 to include the property under Section 22 A (1) (e) of the Registration Act without vesting the land on the Government divesting from alienee on resumption following the necessary procedure prescribed under the Act, does not arise.
Headnote:
Constitution of India, 1950 – Article 226 - Registration Act, 1908 - Section 22 A (1) – Assigned Land -Writ of Mandamus – Declaring action of 1st respondent in including petitioner’s land Revenue (Assgn.I) Department issued by 1st respondent and consequential endorsement/proceedings issued by 2nd Respondent as well as the Endorsement issued by 4th Respondent as being illegal, arbitrary and violation of principles of natural justice - Whether assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
Finding of the Court:
When the property was assigned to individual, Government ceased to be owner of property till it is resumed by following the procedure prescribed under the Act. After assignment, the assignee deemed to be the owner for all practical purposes. When the assignee is permitted to obtain loan, mortgaging assigned land with the Cooperative Society or Bank etc. as per Section 6 of the Act he has acquired interest in immovable property i.e. assigned land by virtue of grant i.e. DKT patta - Therefore, question of inclusion of property in list of prohibited properties notified under Section 22A (1) of Registration Act as if it is belonging to State or Central Government does not arise –
Result : Application dismissed.
ORDER :
1. Writ Petition No.172 of 2018 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 1st respondent in including the petitioner’s land i.e. admeasuring Ac.2.30 cents in Sy.No.198/1A1 situated at Kotramangalam village, Renigunta Mandal, Chittoor District at Sl.No.28439 vide G.O.Ms.No.215 Revenue (Assgn.I) Department dated 13.05.2016 issued by the 1st respondent and the consequential endorsement/proceedings issued by the 2nd Respondent dated 01.12.2017 vide Rc.No.C1/1752/2017 (CSS and LRs) as well as the Endorsement No.Rev-Fsec/207/2017 JA (F8) REV COL CTR, Dated 04.01.2018 issued by the 4th Respondent as being illegal, arbitrary and violation of principles of natural justice and moreover against the law settled by this Hon’ble Court in W.A.No.950 and 951 of 2007 dated 30.12.2008 as well as against the orders passed by this Honble Court in W.P.No.27583 of 2009, W.P.No.27603 of 2009 and W.P.No.27638 of 2009 dated 20.06.2011 as well as orders in Review W.P.M.P.No.30375 of 2011 in W.P.No.27583 of 2009, dated 13.09.2011 and against the Memo No.1423/Assgn.IV(2)/2012 dated 20.10.2012 issued by the 1st respondent and settled law laid down by the Constitutional Courts and consequently to set aside the same in the interest of justice”
2. Writ Petition No.122 of 2018 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 1st respondent in including the petitioner’s land i.e. admeasuring Ac.2.53 cents and Ac.1.56 cents (total Ac.4.90 cents) in Sy.No.198/1A5 and 198/7 situated at Kotramangalam village, Renigunta Mandal, Chittoor District at Sl.No.28441 and 28442 vide G.O.Ms.No.215 Revenue (Assgn.I) Department dated 13.05.2016 issued by the 1st respondent and the consequential endorsement/ proceedings issued by the 2nd Respondent dated 01.12.2017 vide Rc.No.C1/1752/2017 (CSS and LRs) as well as the Endorsement No.Rev-Fsec/207/2017 JA (F8) REV COL CTR, Dated 04.01.2018 issued by the 4th Respondent as being illegal, arbitrary and violation of principles of natural justice and moreover against the law settled by this Hon’ble Court in W.A.No.950 and 951 of 2007 dated 30.12.2008 as well as against the orders passed by this Hon’ble Court in W.P.No.27583 of 2009, W.P.No.27603 of 2009 and W.P.No.27638 of 2009 dated 20.06.2011 as well as orders in Review W.P.M.P.No.30375 of 2011 in W.P.No.27583 of 2009, dated 13.09.2011 and against the Memo No.1423/Assgn.IV(2)/ 2012 dated 20.10.2012 issued by the 1st respondent and settled law laid down by the Constitutional Courts and consequently to set aside the same in the interest of justice”
3. Writ Petition No.2113 of 2018 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 1st respondent in including the petitioner’s land i.e. admeasuring Ac.2.26 cents in Sy.No.198/1A4, situated at Kotramangalam village, Renigunta Mandal, Chittoor District at Sl.No.28440 vide G.O.Ms.No.215 Revenue (Assgn.I) Department dated 13.05.2016 issued by the 1st respondent and the consequential endorsement/proceedings issued by the 2nd Respondent dated 01.12.2017 vide Rc.No.C1/1752/2017 (CSS and LRs) as well as the Endorsement No.Rev-Fsec/207/2017 JA (F8) REV COL CTR, Dated 04.01.2018 issued by the 4th Respondent as being illegal, arbitrary and violation of principles of natural justice and moreover against the law settled by this Hon’ble Court in W.A.No.950 and 951 of 2007 dated 30.12.2008 as well as against the orders passed by this Hon’ble Court in W.P.No.27583 of 2009, W.P.No.27603 of 2009 and W.P.No.27638 of 2009 dated 20.06.2011 as well as orders in Review W.P.M.P.No.30375 of
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