ORDER :

This Writ Petition is filed challenging the proceedings of the respondent No.3 vide Rc.E2/1336/2020 dated 30.03.2021 in ordering cancellation of the assignment granted in favour of the petitioner through proceedings in Rc.No.15/DAR/1416/2006, for the land in the extent of Ac.5.00 cents in Survey No.86 of Tadakanapalle Village, Kallur Mandal, Kurnool District as arbitrary, illegal and contrary to the procedure envisaged under B.S.O. 15(18) (1) of the Andhra Pradesh Board of Revenue Standing Orders.

2. The subject land in an extent of Ac.5-00 cents in Sy.No.86 of Tadakanapalle Village, Kallur Mandal, Kurnool District has been assigned in favour of the father of the petitioner in the year 2006 under Ex-Servicemen quota through the proceedings Rc.No.15/DAR/1416/2006. Since the granting of patta, the petitioner is in possession and enjoyment of the same, recognizing said possession, the revenue authorities have mutated the names of the petitioner, also the pattadar pass books and title deeds have been issued in favour of the petitioner and the petitioner’s name was also included in the Form IB Namoona and Adangal.

3. In view of the request made by several persons like the petitioner herein, the Government has taken a policy decision and issued G.O.Ms.No.117, Revenue Department dated 11.11.1993, the assignees under Ex-Servicemen quota are entitled to alienate the same in favour of the third parties, after completion of 10 years time. Said decision was reviewed by the Government once again and issued G.O.Ms.No.307, Revenue Department dated 06.10.2013 wherein the District Collectors were empowered to issue No Objection Certificate for alienation of the land assigned in favour of the Ex-Servicemen. Finally, the State Government has changed its policy and issued G.O. Ms.No.279, Revenue (Assn.I) Department, dated 04.07.2016 dispensing the procedure of issuance of NOC by the District Collectors and directed the District Collectors to delete the lands assigned to Ex-Servicemen and Political Sufferers from the prohibitory list under Section 22-A of the Act, 1908 and furnish the same to the Registration Department, wherever there is no dispute about the genuineness of the assignment.

4. Despite the orders issued by the Government vide G.O.Ms.No.279 dated 04.07.2016 the subject properties were included in the prohibiotory list under Section 22-A (1) (b) of the Act, 1908 and communicated the same to the Registration Department. Having come to know the same, the petitioner made an application for deletion of the subject land from the prohibitory list furnished by the respondents 2 to 4 under Section 22A of the Act, based on the said application, the 3rd respondent has called for a report from the 4th respondent, through proceedings dated 05.08.2019; in turn, the 4th respondent called a report from the Mandal Revenue Inspector to submit the same to the respondent No.3.

5. When the petitioner constrained to sell the subject land in favour of third parties in view of their family necessities, approached the Sub-Registrar, Kallur on 15.09.2020 and the Sub-Registrar, Kallur brought to his notice that the subject land has been included in the Prohibitory Lands list furnished by the 2nd respondent exercising the power conferred under Section 22-A(1)(b) of the Act, 1908. Though the Government has issued specific instructions under G.O.Ms.No.279, dated 04.07.2016 and even after the representation made by the petitioner to delete the subject land from the prohibitory list, the same was not considered by the respondents. Under the said circumstances, the petitioner filed W.P.No.18622 of 2022 before this Court seeking to declare the inaction on the part of the respondent No.2 in not deleting the subject land from the prohibitory list and also questioning the inaction of the registering authorities in refusing to entertain the sale deed for registration, referring to the same that the properties are included in the prohibitory list, as illegal and arbitr