Back
ANDHRA PRADESH HIGH COURT AT AMARAVATI
M.Satyanarayana Murthy, J.
E. Mohan Rami Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition Nos. 172, 122 and 2113 of 2018
Decided On : 21-01-2022
REGISTRATION ACT - SECTION 22A(1) - ASSIGNED LANDS - PROHIBITED LIST - INCLUSION OF ASSIGNED LANDS SOLD IN PUBLIC AUCTION BY COOPERATIVE SOCIETY IN PROHIBITED LIST - VALIDITY - WHETHER ASSIGNED LAND SOLD IN AUCTION BY PRIMARY AGRICULTURAL COOPERATIVE SOCIETY IS CEASED TO BE ASSIGNED LAND ON ITS SALE?
Fact of the Case:
The petitioner purchased an extent of Ac.2.30 cents in Sy.No.198/1A1 situated at Kotramangalam village, Renigunta Mandal, Chittoor District from the vendor who purchased the same in a public auction conducted by PACS, Gajulamandyam for realization of the debt due under the award. The petitioner obtained pattadar passbook and title deed from the revenue authorities and also obtained permission for conversion of agriculture land to non-agriculture purpose from the Revenue Divisional Officer. However, the respondents included the property in the list of prohibited properties notified under Section 22A (1) of the Registration Act, 1908.
Finding of the Court:
The Court held that when the assigned land was sold in public auction by PACS, it ceased to be assigned land in view of the law declared by the Division Bench of the High Court of Andhra Pradesh at Hyderabad in 'the Sub-Registrar, Srikalahasti, Chittoor District v. K.Guravaiah'. The Court further held that the inclusion of the property in the list of prohibited properties notified under Section 22A (1) of the Registration Act, 1908 was illegal and arbitrary.
Issues: 1. Whether assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale? 2. Whether the action of respondent No.2 in inclusion of the property in the prohibited properties list notified under Section 22 A(1) of the Registration Act, 1908 is in accordance with law?
Ratio Decidendi: 1. The Court held that when the assigned land was sold in public auction by PACS, it ceased to be assigned land in view of the law declared by the Division Bench of the High Court of Andhra Pradesh at Hyderabad in 'the Sub-Registrar, Srikalahasti, Chittoor District v. K.Guravaiah'. 2. The Court further held that the inclusion of the property in the list of prohibited properties notified under Section 22A (1) of the Registration Act, 1908 was illegal and arbitrary.
Final Decision: The Court allowed the writ petition and declared the action of respondent No.1 in inclusion of the land of the petitioner in the list of prohibited properties notified under Section 22A (1) of the Registration Act, 1908 as illegal and arbitrary. The Court also set aside the endorsement/proceedings issued by respondent No.2 and the Endorsement issued by respondent No.4.
JUDGMENT
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.30
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
Point of Law- Several illegal transactions were taken place in violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended in Act 8 of 2007. Hence....
Prohibition for assignment of these lands under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 is not attracted to the said land since the alienations were made by the ex-servicemen more....
Point of Law : If land assigned to landless poor persons under Laoni Rules, there must be condition of non-alienation as per settled law, otherwise it cannot be declared as void transaction.
The main legal point established in the judgment is that authorities must establish that land is assigned with a condition prohibiting alienation before initiating proceedings under the A.P. Assigned....
The absence of a non-alienation clause in the original land assignment means it cannot be classified as assigned land under the A.P. Assigned Lands Act, allowing for its registration.
Point of law : Registered sale transaction in respect of the subject land on different occasions of petitioner’s predecessors in title established that the subject land was treated as free hold land.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
