ORDER:

1. This writ petition under Article 226 of Constitution of India is filed, questioning the action of respondents in classifying the petitioner’s land in an extent of Ac.4.08 cents in S.No.363/2 situated at Madhurawada village, Visakhapatnam Rural, Visakhapatnam District, in prohibited list under Section 22-A of Registration Act, declare the same as illegal, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India, consequently direct respondents to update webland portal, by incorporating petitioner’s name as title holder for land in an extent of Ac.4.08 cents in S.No.363/2 situated at Madhurawada village, Visakhapatnam Rural, Visakhapatnam District. 2. The petitioner and two of his other family members, purchased an extent of Ac.4.08 cents in S.No.363/2 situated at Madhurawada village, Visakhapatnam Rural, Visakhapatnam District from legal representatives of late Macha Appala Swamy vide document bearing No.4405/2003, dated 26.12.2003, for valid consideration, petitioner’s name was incorporated in revenue records as per proceedings of Mandal Revenue Officer, Visakhapatnam on 11.03.2004. Accordingly, pattadar passbook and title deed were also issued in the name of petitioner. Since the date of purchase, petitioner has been in peaceful possession and enjoyment of property by constructing wall around, small building and bore well.

3. Late Macha Appala Swamy was allotted land by government under Ex-serviceman quota. After death of Macha Appala Swamy, his legal heirs sold the property to petitioner in terms of G.O.Ms.No.1117/1993, issued by first respondent herein dated 11.11.1993. The legal heirs of Late Macha Appala Swamy were permitted to alienate the land in dispute, by District Collector on 20.12.2003, after due enquiry, as requested by legal heirs of Late Macha Appala Swamy. However, second respondent herein/District Collector, Visakhapatnam District, without conducting any enquiry or notice to petitioner, listed the land of petitioner in prohibitory list as provided under Section 22-A of Registration Act. On submission of detailed representation, second respondent, deleted the property of petitioner, which is subject matter of present writ petition, from prohibited list on 08.12.2007 vide proceedings in D.Dis.No.426/2006/E1, dated 08.12.2007.

4. While the matter stood thus, in the year 2017, once again third respondent herein/Tahsildar, Visakhapatnam Rural, issued notification, describing the land as patta land, included in prohibitory list under Section 22-A of Registration Act, thereupon, petitioner made representation to second respondent on 18.10.2017, in turn second respondent in endorsement stated that government constituted Special Investigation Team vide G.O.Rt.No.1366, dated 20.06.2017, to conduct enquiry in all cases of assignments made to Ex-servicemen and Freedom Fighters, in which permissions were given for sale of such land. Since, enquiry was going on, request of petitioner, for deletion of subject property from prohibited list under Section 22-A of Registration Act will be examined, after completion of enquiry, by Special Investigation Team. Even thereafter, petitioner’s land was not deleted, though enquiry by Special Investigation Team is completed. Therefore, the inaction of respondents is illegal, requested to issue necessary direction as stated above.

5. During hearing, the learned counsel for petitioner, drawn the attention of this Court to G.O.Ms.No.1117, dated 11.11.1993 and earlier proceedings issued by District Collector, deleting his property from prohibitory list, vide order dated 08.12.2007 in D.Dis.No.426/2006/E1, but later, again it was included in prohibited list. On the representation made by petitioner, endorsement was issued as narrated above. However, inclusion of subject property, again in prohibitory list is illegal and under the guise of pendency of enquiry by Special Investigation Team, property cannot be included in prohibitory list under Section 22-A of Regist