ORDER:

This writ petition is filed to issue a Writ of Mandamus declaring the Endorsement made by the 3rd respondent dated 31.10.2018, as illegal and in contravention of G.O.Ms.No.1117, Revenue (Assignments-I) Department, dated 11.11.1993, G.O.Ms.No.307, Revenue (Assignments-I) Department, dated 06.06.2013 and G.O.Ms.No.279, Revenue (Assn.I) Department, dated 04.07.2016 and consequently to direct the respondents 1 to 5 to delete the land owned by the petitioner to an extent of Ac.5.00 cents situated in Sy.Nos.172-2 and 172-4 of Pogali Village, Yerpedu Mandal, Chittoor District from the prohibited list published under Section 22-A(1)(a) of the Registration Act, 1908 (for short ‘the Act’).

2. The case of the petitioner is that he was an Ex-serviceman. On 28.08.2006, the land to an extent of Ac.5.00 cents in Survey Nos.172-2 and 172-4 of Pogali Village, Yerpadu Mandal, Chittoor District was assigned in his favour by the 5th respondent – Tahsildar, Yerpadu Mandal, Chittoor District. He was also issued pattadar passbook and title deed under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and the Rules made thereunder. Since then, he has been in possession and enjoyment of the same. Due to old age, he could not able to cultivate the land and he is in need of money to meet the medical expenses of his mother and education of his children. When he enquired with the registration authorities with an intention to sell away his land about the market value of the land and stamp duty required, he was informed by the registration authorities that the land is included in the prohibited property list maintained under Section 22-A(1)(a) of the Act and there is a prohibition to register the land. Then, he made Mee-Seva application along with other ryots of Pogali village seeking deletion of land to an extent of Ac.5.00 cents situated in Sy.Nos.172-2 and 172-4 of Pogali Village from the prohibited property list. On the report submitted by the 4th respondent – Revenue Divisional Officer, Tirupati, Chittoor District, the 3rd respondent while referring to the Circular instructions issued by the Chief Commissioner of Land Administration and the Commissioner and IG, Stamps & Registration, rejected the petitioner’s application stating that the Revenue Divisional Officer, Tirupati and the Tahsildar, Tirupati Rural have reported that as per Fair Adangal of Pagali Village, the land to an extent of Ac.217.28 cents situated in Survey No.130 of Pagali Village is classified as ‘Taka Adavi (UAW)’. The subject land got sub-divided from Survey Nos.155 to 188 for eventual assignments. On verification, the land to an extent Ac.4.71 cents situated in Survey No.169 of Pagali Village was assigned to K.Subramanyam S/o.K.Kuppuswamy vide DKT No.495/4/ 1417 dated 07.12.2007 as Serving Soldier discharged on 31.03.1993. The petitioner was assigned land to an extent of Ac.4.52 cents situated in Survey No.172 of Pagali village vide DKT No.50/4/1416 dated 28.08.2016 under the category of ‘Ex-Serviceman’ discharged on 07.12.1983. Sri K.Subramanyam was assigned land while in service and assignment was made in favour of petitioner after 25 years of discharge from service. Hence, the Tahsildar, Yerpedu has construed that both the assignments were granted under normal DKT rules. Therefore, the application of the petitioner was rejected. Finally, the Tahsildar, Yerpedu and the Revenue Divisional Officer, Tirupati have recommended to include the subject lands in the lists prepared and proposed for notification under Section 22-A(1)(a) of the Act. The application of the petitioner was rejected stating that deletion of land from the list does not arise. Being aggrieved by the rejection of his application insofar as land extent Ac.5.00 cents situated in Sy.Nos.172-2 and 172-4 of Pogali Village, Yerpedu Mandal, Chittoor District, the petitioner filed this writ petition.

3. Sri N.Subba Rao, learned counsel for the petitioner, would contend that the peti