IMPORTANT POINT
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.

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 Tahsildar submitted report to the Revenue Divisional Officer vide Rc.No.56/08/SA dated 17.03.2008. Thereafter the Revenue Divisional Officer directed the Tahsildar to forward the record and the same was submitted by the Tahsildar vide Rc.No.56/09/SA dated 28.07.2009. Since No Objection Certificate was not issued, the petitioner W.P.No.21745 of 2012 and the same was disposed of on 18.07.2012.

c) The petitioner executed a gift deed dated 27.06.2013 in favour of his son and presented it for registration before the Sub Registrar, Lankelapalem. The Sub Registrar gave pending registration No.P/110/2013. Petitioner made a representation to the Sub Registrar to release the pending document. As the matter stood thus, the Government of Andhra Pradesh issued G.O.Ms.No.279 Revenue (Assn.1) Department dated 04.07.2016. Pursuant to said G.O., petitioner made a representation dated 05.08.2016 and thereafter filed W.P.No.43730 of 2017 and the same was disposed of directing the 2nd respondent to consider the representation and pass appropriate orders.

d) The District Collector issued an endorsement vide R.Dis.No.4687/2007/E1 dated--12.2027 and rejected the claim of petitioner. The petitioner filed W.P.No.5924 of 2018 and the same was disposed of on 25.03.2022 declaring the endorsement of the District Collector as illegal. The District Collector was directed to verify the file relating to issue of patta to the petitioner in Dr.No.732/1402A dated 25.01.1993 and consider the report of 4th respondent-Tahsildar and pass appropriate orders within four weeks. Thereafter, the District Collector passed the order, impugned, in the writ petition.

3. Counter affidavit was filed on behalf of 2nd respondent- District Collector. It was contended, inter alia, that pursuant to the application made by the petitioner seeking no objection for alienation of subject land, the then Tahsildar submitted a report to the Revenue Divisional Officer, Visakhapatnam. It was mentioned that DR file was not traced. As per the report of the Zilla Sainik Welfare Board, the petitioner is genuine Ex-serviceman. Pursuant to order in W.P.No.21745 of 2012, a letter was addressed by the then Tahsildar, Parawada to the Sub Registrar, Lankelapalem for taking necessary action. The District Collector issued an endorsement vide R.Dis.No.4687/2007/E1 dated 17.01.2018 stating that though petitioner's claim as Ex- Serviceman appears to be genuine, but the proof of assignment in the category of Ex-Serviceman is not available. Pursuant to order in W.P.No.5924 of 2018, the District Collector called for report and passed the order impugned in the writ petition and eventually, prayed to dismiss the writ petition.

4. 5th Respondent-Sub Registrar filed separate counter affidavit.

5. Heard Sri O.Manohar Reddy, learned senior counsel as