ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

one in the nature of Writ of Mandamus declaring the list communicated by the respondents No.4 including the land in an extent of Ac.3.14 cents out of Ac.3.88 cents in Sy.No.111/3D and 111/3E of Angallu Village fields, Kurabalakota Mandal, Chittoor District as assigned land, even though, the same was assigned under Ex-Servicemen Quota through D-Form Pattas, dated 23.05.2005 and 04.11.2006 and the same is not prohibited from alienation after expiry of ten years period from the date of assignment and the consequential action of the respondent No.5 in refusing to entertain the Sale Deed for registration stating that the same is included in the list communicated by the respondent No.4 as arbitrary, illegal, without power or authority, contrary to the well established legal principles and violative of fundamental rights guaranteed to petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.5 to entertain the Sale Deed for registration for the land in an extent of Ac.3.14 cents out of Ac.3.88 cents in Sy.No.111/3D and 111/3E of Angallu Village fields, Kurabalakota Mandal, Chittoor District by setting aside the prohibitory lands list communicated by the respondent No,4 in so for as the land belong to the petitioners=

It is the case of the petitioners that an extent of Ac.2.50 cents in Sy.No.111/3D and Ac.1.33 cents in Sy.No.111/3E of Angallu village fields, Kurabalakota Mandal, Chittoor District, was assigned in favour of late Krishna Murthy Naidu under Ex-servicemen quota by issuing D-Form patta on 23.05.2005 and 04.11.2006. Since the date of assignment, the subject land was in the possession and enjoyment of late Krishna Murthy Naidu without interference from any one much less the respondents. As late Krishna Murthy Naidu became owner by virtue of the grant, his name was mutated in the revenue records, pattadar passbooks and title deed in his favour.

Late Krishna Murthy Naidu died issueless, but executed a Will in favour of the petitioners and three others. The said property was succeeded by the petitioners along with three others as legatees under the Will and in possession and enjoyment of the same since the date of death of late Krishna Murthy Naidu. The name of the petitioners and others were mutated in the revenue records, pattadar passbooks and title deed were issued in their favour.

As per the policy decision taken by the State Government and the Government Orders being issued by it from time to time, more particularly, G.O.Ms.No.1117, Revenue (ASSGN-I) Department, dated 11.11.1993, G.O.Ms.No.279, dated 04.07.2016, the assignees of the land, assigned under Ex-Servicemen quota are entitled to alienate the same in favour of third parties after expiry of ten years period from the date of assignment as long as the genuineness of the assignment is not in dispute. Further, it has also been categorically stated in G.O.Ms.No.279, dated 04.07.2016 that the land assigned under Ex-Servicemen quota should be deleted from the prohibited lands list under Section 22 –A of the Registration Act, 1908 and furnish the same to the Registration Department in all the cases where there is no dispute of genuineness of the assignment.

While the matter stood thus, the petitioners offered to sell the land to an extent of Ac.3.14 cents out of Ac.3.88 cents in Sy.No.111/3D and 111/3E of Angallu Village fields, Kurabalakota Mandal, Chittoor District, in favour of the third parties for their family necessities, but respondent No.5, on presentation of the document, refused to receive the same for registration on the

arbitrary.

Respondent No.4 filed counter denying material allegations

follows: