The court emphasized that disputed land assignments must remain prohibited until a proper enquiry is conducted to ascertain their genuineness.

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India 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, more particularly the 2^nd respondent in not deleting the petitioner’s land admeasuring Ac.5.00 cents in Sy.No.153/1D of Akkemgundla Revenue Village, Sri Avadutha Kasinayana Mandal from the prohibited list under 22-A(1)(a) of Registration Act , 1908 as illegal, arbitrary and contrary to G.O.Ms.No.279, Revenue (Assigned-I) Department, dated 04.07.2016 and also Circular issued by the Chief Commissioner of Land Administration Vide CCLA’s Lr.No.Assn.I(1) /350/2022, dated 04.05.2022 and also violation of Article 300-A of Constitution of India and consequently direct the 2^nd respondent to delete the subject land to an extent of Ac.5.00 cents in Sy.No.153/1D of Akkemgundla Revenue Village, Sri Avadutha Kasinayana Mandal from the prohibited list under 22-A(1)(a) of Registration Act , 1908 and to pass such”

2. It is the case of the petitioner that, petitioner was assigned with land to an extent of Ac.5-00 cents in Sy.No.153/1D of Akkemgundla Revenue Village, Sri Avadutha Kasinayana Mandal, YSR Kadapa District under Ex-servicemen quota and he was granted D-Form Patta vide DKT No.51/1413, dated 14.08.2004. Thereafter, the petitioner has been in peaceful possession and enjoyment of the subject property. After conducting re-survey by the revenue authorities in the year 2022, the extent of land of the petitioner was adjusted to Ac.4-91 cents instead of Ac.5-00 cents. Further, the petitioner intended to sell the said property for his financial and family necessities, but the intending purchasers did not come forward to purchase the property on the premise that the land is included in the list of prohibited properties since the land was allotted to the petitioner under ex-serviceman quota and cannot be alienated. Though the petitioner made representations dated 04-07-2023 through Mee Seva seeking to delete the subject land from the list of prohibited properties, no action was taken by the respondents. Therefore, through the present writ petition the petitioner questioned the inaction of respondents in deleting the subject land from the list of prohibited properties.

3. Learned Government Pleader appearing Revenue furnished written instructions dated 24.02.2025 issued by Respondent No.2 – The District Collector, YSR Kadapa District stating that, the 3^rd respondent has reported that the writ petitioner is not a resident of Akkemugundla Village of Sri Avadhutha Kasinayana Mandal and neither Assignment patta nor DKT Register is available in their office regarding grant of assignment in favour of the writ petitioner under Ex-serviceman Quota in respect of the land in Survey No.153/1 to an extent of Ac.5.00 cents of Akkemgundla Village. Several complaints have been filed by the public alleging that many non residents are in the possession and enjoyment of Government lands by illegal entries made in webland and by way of encroachment. In this regard, the Revenue Divisional Officer, Badvel has issued orders with Ref.No.E/266/2024 for enquiry by constituting the Teams on the allegation raised regarding irregular assignment of Government lands and also illegal entries made in webland and stated that the enquiry is in process. He also submits that, at present the subject land is under possession and enjoyment of Writ Petitioner and enquiry has to be conducted regarding genuinity of issuance of DKT patta under Ex- servicemen category. No doubt, as per G.O.Ms.No.279 dated 04.07.2016, one of the conditions is that the lands assigned to the Ex-Servicemen shall not be sold or otherwise alienated for a period of ten years and the Ex-Serviceman are free to sell away their assigned lands after a period of ten years. However, in respect of cases in which there is a dispute with Government about the genuinenes