IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
U.S.V. Balaram – Appellant
Versus
Government of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue Dept. – Respondent
ORDER :
This writ petition is filed seeking the following relief:
“…. to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 4 in unilaterally treating the petitioner’s land an extent of Ac 0.66 cents situated in R.S.No.177/A1, Kanuru Village, Penamaluru Mandal, Krishna District, as Government land, resulting in issuance of proceedings Rc.E3.1550/2008, dated 04.11.2008 by the 2nd respondent and the consequential action of the 5th respondent in refusing to accept any document for registration in relation to the said land, as illegal, arbitrary, contrary to the principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently, set aside the 2nd respondent’s proceedings Rc.E3.1550/2008, dated 04.11.2008 and direct the 5th respondent to accept and register any document that may be presented by the petitioner in relation to the said land and pass such other orders.”
2. (a) Petitioner’s mother Late Smt.Uppalapati Rajaratnam, purchased an extent of Acres 0.66 cents in R.S.No.177/A, Kanuru Village, Penamaluru Mandal, Krishna District, under regist
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.
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 definition of 'assigned land' under the Assigned Lands Act requires an absolute non-alienation condition, which was not present in the original assignment.
Assigned Land - Resumption proceedings maintainable - Act contemplates taking action at any point of time soon after it comes to the knowledge of the officials about the contravention of the provisio....
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....
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
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....
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