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SUBBA REDDY SATTI
Y. Chandra Sekhar Reddy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Subba Reddy Satti, J.
The Writ Petition is filed impugning the order passed by 2nd respondent vide Rc.No.72/2022/L3 dated 21.07.2022 as illegal, arbitrary and contrary to orders passed in W.P.No.5924 of 2018 dated 25.03.2022 and consequently direct the 2nd respondent to delete the land of an extent of Ac.4.72 cents in S.No.359/2 of Desaputrunipalem village, Parawada Mandal, Anakapalli District from the list of prohibited properties Sec 22-A of the Registration Act.
2. a) Case of the petitioner, in brief, is that petitioner joined Indian Air Force as Airman in the year 1975 and took retirement on 31.08.1990 as Sergeant. After retirement, petitioner made a representation for assignment of agricultural land under Ex- serviceman quota. After enquiry, an extent of Ac.4.72 cents in S.No.359/2 at Desapatruni Palem village, Parawada Mandal was assigned vide Dr.No.73/1420A dated 25.01.1993. Petitioner's name was entered in revenue records and the authorities issued pattadar passbook and title deed.
b) Petitioner made an application on 24.08.2007 to respondents 2 to 4 to issue No Objection Certificate to alienate the assigned land. The District Collector called for report and the Tahsild
The District Collector's failure to consider relevant records and reports regarding an ex-serviceman's land assignment rendered the impugned order illegal, necessitating its reversal.
Ex-servicemen assigned land can freely alienate it after ten years under specific government orders, irrespective of prohibitive conditions in assignment deeds.
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 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.
The central legal point established in the judgment is the requirement for the appellate authority to consider all relevant aspects, provide reasons for its decision, and adhere to principles of natu....
Point of Law - The principles of natural justice should be free from bias and parties should be given fair opportunity to be heard and all the reasons and decision taken by the court should be inform....
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
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