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.

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 2^nd respondent and the consequential action of the 5^th 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 2^nd respondent’s proceedings Rc.E3.1550/2008, dated 04.11.2008 and direct the 5^th 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 registered sale deed, vide Document No.3412/1966, dated 07.09.1966, from Nalluru Satyanandam and Nalluru Ratnamma. The said land later sub-divided as R.S.No.177/A1 and after death of Smt.Uppalapati Rajaratnam, the same got devolved upon the petitioner being sole legal heir. The petitioner’s mother purchased aforesaid land from the legal heirs of Nalluru Venkataswamy and it is claimed that the land in question has been private land all through after the same was assigned in favour of Nalluru Venkata Swamy in the year 1942 much prior to the enactment of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, ‘the Act’).

(b) Petitioner approached the 5^th respondent to know the details of basic register value of subject land with an intention to dispose the same and to his surprise, he was informed that unless no objection certificate was produced from 3^rd respondent– Revenue Divisional Officer, no registrations would be entertained. Therefore, the petitioner addressed a letter dated 21.06.2007 to the 3^rd respondent seeking permission to alienate his land, in a way sought for NOC. In pursuance to the same, the 3^rd respondent upon conducting enquiry and verifying the records submitted report dated 30.10.2008 to the 2^nd respondent – Collector for issuing necessary instructions in the matter. Basing on the said report, the 2^nd respondent issued impugned proceedings vide Rc.E3.1550/2008, dated 04.11.2008, opining inter alia that assignment was of the period prior to 1964, however, such assignment being conditional and as the alienation took place in the year 1966, in view of the provisions of the Act, the 4^th respondent – Tahsildar was directed to initiate proceedings under the Act and take appropriate action including that of regularization in case the conditions under Section 3(5) were met. Aggrieved by the same, the petitioner filed the present writ petition.

3. The 4^th respondent filed counter-affidavit on behalf of respondents 1 to 4 inter alia stating that assignment made to Nalluru Venkata Swamy was prior to the year 1966 and records relating to such assignment were not available, however, on local enquiry it was noticed that the original assignee Nalluru Venkata Swamy used to cultivate the land. It is further stated that the land admeasuring Ac.3.59 cents in R.S.No.177 of Kanuru Village, originally classified as “Anaadheenam”, (Unassessed Waste Dry i.e., U.A.W.D.) as per R.S.R. and later on was sub-divided as R.S.177/A, admeasuring Ac.1.64 cents and R.S.No.177/B, admeasuring Ac. 1.95 cents and pattas were granted to Nalluru Venkata Swamy, vide Patta No.381 and Nalluru Guravaiah, vide Patta No.382 respectively, as such, Nalluru Venkata Swamy was assigned land in R.S.No.177/A admeasuring Acres 1.64 cents. However, later their names were struck off