* THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR

+WRIT PETITION No.41223 OF 2022

% 02.04.2025

# Thammisetty Bodaiah

……Petitioner

And:

$ The State of Andhra Pradesh

and others

….Respondents

!Counsel for the Petitioner : Smt. Y.Maha Lakshmi

^Counsel for the respondents : GP for Registration and Stamps

>Head Note:

? Cases referred:

HIGH COURT OF ANDHRA PRADESH * * * *

WRIT PETITION No.41223 OF 2022 DATE OF JUDGMENT PRONOUNCED: 02.04.2025 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE T.C.D. SEKHAR

1. Whether Reporters of Local newspapers Yes may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes marked to Law Reporters/Journals

3. Whether Your Lordships wish to see the Yes fair copy of the Judgment?

_________________

T.C.D. SEKHAR, J The court made the following order:-

1. The petitioner is an Ex-service man, who worked in Madras Regiment for fifteen (15) years. He made an application to the 4^th respondent through proper channel i.e., Zilla Sainik Welfare Officer, SPSR Nellore during the year 1992. The said application was processed and after conducting enquiry, the 4^th respondent assigned land to an extent of Ac.3.50 cents in old Sy.No.310/3, new Sy.No.310/3P2 of Poolathoa Village, Doravarisatram Mandal, Nellore District vide proceedings in F.Dis.No.229/1403, dated 08.04.1994. It is further case of the petitioner that since the date of assignment, he claims that he is in peaceful possession and enjoyment of the said land by raising seasonal crops. The name oe the petitoner was also mutated in revenue records and he was issued pattadar pass book.

2. It is further case of the petitioner, when he intended to sell the subject land, he came to know that the subject land is included in the prohibited properties list issued under Section 22- A of Registration Act, 1908. Thereafter, he claims that he made application through Mee seva on 14.10.2021 seeking to delete the subject land from the prohibited properties list. As there was no action from the respondents, he filed writ petition No.5379 of 2022 before this Court, and the same was disposed of by order dated 03.03.2022 directed the respondent No.2 to consider the application filed by the petitioner and to pass appropriate orders in accordance with law after conducting due enquiry.

3. It is further case of the petitioner that in pursuance of the order passed by this Court, he made a representation dated 15.03.2022 to the 2^nd respondent. Thereafter, the 2^nd respondent called for a report from the respondents and accordingly the 4^th respondent submitted a report dated 22.03.2022 recommending to delete the subject land from the list of prohibited properties. After receipt of the said report the 2^nd respondent by impugned proceedings dated 29.08.2022, rejected the request of the petitioner for deletion of the subject lands from prohibited properties. Questioning the said proceedings dated 29.08.2022 issued by the 2^nd respondent, the present writ petition is filed.

4. Counter affidavit was filed stating that Sy.No.310-3 was block splitted from the main survey number No.240-68 admeasuring to an extent of Ac.270.35 cents, which is classified as grazing poramboke and the subject land was assigned in favour of the petitioner under Ex-servicemen category by the 4^th respondent in proceedings No.F.Dis.229/1403, dated 08.04.1994. It is further stated that the original assignment filed was not in existing in the office of the 4^th respondent. It is further stated that the entries made in 10(1) register were also fabricated and there were no entries available in adangals for the Fasli 1405 onwards. It is further averred that the petitioner joined in service on 21.12.1973 and discharged on 31.12.1988, whereas the assignment was granted in the year 1994 i.e., after lapse of six (06) years from the date of discharge and therefore, the grant of assignment in favour of the petitioner is contrary to G.O.Ms.No.743 (Revenue Department), dated 30.04.1963. 5. It is further averred that originally the land was