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2022 Supreme(AP) 356

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI CHEEMALAPATI, J.
DADI MOHAN TRINATH – Appellant
Versus
THE STATE OF AP – Respondent
WRIT PETITION No. 2047 of 2019
Decided on : 04-11-2022

Advocates:
Advocate Appeared:
For the Appellant : S.V.S.S.SIVA RAM Adv.
For the Respondent: GP FOR ASSIGNMENT (AP) Adv.

Headnote:

Constitution of India, 1950 – Article 226 – Andhra Pradesh (Prohibition of Transfer) Act, 1977 – Section 5 – Registration Act, 1908 – Section 22-A – Writ Petition has been filed by petitioner invoking jurisdiction of this Court under Article 226 of Constitution of India for relief – Held, above circular clarifies that assignment made to ex-service men at any point of time shall not attract provisions of AP Assigned Lands (Prohibition of Transfer) Act, 1977 and said assignment shall not be presumed to be an assignment made to a “landless poor person” – Observations made in impugned order that assignment made to a serving soldier has to be treated as one granted under landless poor category, is unsustainable and same is contrary to circular issued by Chief Commissioner of Land Administration, Board Standing Order and Government Orders referred to above – Court feels it appropriate to set aside impugned proceeding, give liberty to petitioner to submit representation afresh and to direct 2nd respondent to consider case of petitioner afresh – Writ petition allowed part.

ORDER:

1. This Writ Petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India for the following relief:

    “…to issue writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 1 to 4 in including the land in an extent of Ac. 0-54 cents forming part of Acres 350 cents in Sy.No.579/4 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District, in the list of prohibitory properties under Section 5(2) of Andhra Pradesh Assigned (Prohibition of Transfers) Act, 1977 and Rules made thereunder at S.No.237 vide list No. Nil dated Nil issued by the respondents 2 to 4 and subsequent proceedings of the 2nd respondent in rejecting the petitioner’s representation for de-notification of land vide proceedings REV-ESECOLND (CC)/6/2018-JA(E7)-VSKPCO dated 11.10.2018 as wholly illegal, arbitrary, whimsical, contrary to the provisions of Andhra Pradesh Assigned (Prohibition of Transfers), Act, 1977, G.O.Ms.No.743 dated 30.04.1963 and G.O.Ms.No.1117/1993 dated 11.11.1993 issued by the 1st respondent besides being violative of the petitioner’s rights guaranteed under Art.14 & 300A of the Constitution of India and consequentially direct the respondents to remove the said land of the petitioner from the list of prohibitory properties under Sec.5(2) of Andhra Pradesh Assigned (Prohibition of Transfers) Act, 1997 and Rules made thereunder and to set aside the proceedings of the 2nd respondent dated 11.10.2018 ..…..….”

2. The case of the petitioner, in brief, is that on a requisition made by his superior during service probably after being demobilized under the category of allotment of vacant cultivated land to serving soldiers, the 1st respondent, in terms of G.O.Ms.No.743 dated 30.04.1963 assigned an extent of Ac.0-54 cents out of Ac.3-50 cents in Sy.No.579/4 of Venkannapalem village, Chodavaram mandal, Visakhapatnam District, to one Jampana Rama Prasada Raju in the year 1999 vide D-Form patta vide D.R.No.165/945 on 18.02.1999 and subsequently he was granted Pattadar passbook and title deed bearing No.323669 vide 1-B khata No.293 on 20.06.1999 by the respondent authorities and he was put in possession and enjoyment of the said land. It is the further case of the petitioner that the said Prasada Raju intended to sell the property and made a representation to the revenue authorities to issue No Objection Certificate and the th respondent-The Tahsildar, Chodavaram, Visakhapatnam District, after considering the said representation issued No Objection Certificate vide proceedings in Dis.No.123/2007 dated 28.03.2007 stating that as more than 10 years have lapsed from the date of granting D-form patta to the Ex-service man, he is entitled to sell the land in terms of the provisions of G.O.Ms.No.1117 of 1993 dated 11.11.1993 issued by the 1st respondent and the said NOC was confirmed by the 3rd respondent vide proceedings L.Dis.No.731/2010/A dated 03.02.2010 and thereafter the said Prasad Raju sold the land assigned to him to Dadi Suri Satyanarayana vide document No.1021 of 2010. The said Satyanarayana gifted the said property to his sister Smt. Thanakala Bhushanam vide document No.1434/2012 dated 22.02.2012 and she was put in possession of the said property. Thereafter, the said Bhushanam sold an extent of Ac.2-00 out of the property covered under the gift deed to three individuals viz., Sri Annamreddy Bhaskara Rao, Sri Vaddadi Siva Prakash and Sri Yallapu Kumar for a valuable consideration of Rs.7,00,000/-. The above three individuals divided the said Ac.2-00 among themselves with mutual consent and an extent of Ac.0-67 was allotted to the share of Sri Vaddadi Siva Prakash and after verification of the documents, the revenue authorities issued pattadar passbook bearing No.679 and his name was also mutated in the revenue records.

It is the further case of the petitioner that he purchased an extent of Ac.0-54 cents out of Ac

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