SUBBA REDDY SATTI
Setti Appala Naidu, S/o Konda – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Impugning the endorsement issued by the Joint Collector vide Rc.No.1618/2019/E1 dated 27.09.2020, the above writ petition is filed.
2. The case of the petitioners, in brief, is that originally Jalli Atchayya was assigned land of an extent of Ac.4-51 cents in survey No.676 of Balighattam Village, in 1921. Said Jalli Atchayya, along with his sons mortgaged the property to one G. Appalanaidu, in the year, 1931 and later alienated the property to one Setti Kannaya, under an unregistered sale deed, in the year, 1952, who, in turn, along with his sons alienated Ac.1-00, Ac.2-51 cents and Ac.1-00 cents in survey No.676-2 in favour of the petitioners under registered documents bearing Nos.2744 of 2005, 2742 of 2005 and 2743 of 2005 respectively. The names of the petitioners were updated in the Records of Rights. They were also issued title deeds vide patta Nos.636, 631, and 1687 respectively. Subsequently, the aforementioned lands were included in the prohibited list of properties under Section 22(A)(1)(a) of the Registration Act, 1908 (for short ‘the Act’). Therefore, petitioners made an application vide application No.TTA0118000032165 and sought deletion of the property from the li
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The assignment of land prior to 1954 is not subject to non-alienation, thus properties assigned before this date cannot be included in the prohibited list under Section 22-A.
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
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 follow....
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....
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.
Assigned lands lose their status when sold in execution proceedings, allowing for registration without objection.
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