APHC010515572024 IN THE HIGH COURT OF ANDHRA PRADESH [3208]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 26801/2024 Between:

1. A LURI SURYA SATYANARAYANA, S/O. SUBBA RAO, AGED 70 YEARS, OCC CULTIVATION, R/O FLAT NO 306, SLV GANGOTHRI TOWERS, NEAR WATER TANK, ASR NAGAR, BHIMAVARAM, WEST GODAVARI DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE CHAIRMAN DISTRICT LAND COMMITTEE CUM DISTRICT COLLECTOR, ELURU DISTRICT, ELURU (ERSTWHILE WEST GODAVARI DISTRICT)

3. T HE REVENUE DIVISIONAL OFFICER, ELURU, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT)

4. T HE TAHSILDAR DWARAKA TIRUMALA MANDAL, DWARAKA TIRUMALA, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT)

5. T HE DISTRICT REGISTRAR, ELURU, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT)

6. T HE SUB REGISTRAR, 9-144, BHIMADOLE, BHIMADOLE MANDAL, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT).

...RESPONDENT(S):

Counsel for the Petitioner:

1. SITA RAM CHAPARLA Counsel for the Respondent(S):

1. GP FOR REGISTRATION AND STAMPS The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.26801 of 2024

ORDER:

The present writ petition is filed questioning the endorsement dated 19.09.2024 issued by the 2^nd respondent.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.

3. On perusal of the impugned endorsement, it shows that the petitioner has made an application in Mee-Seva on 27.02.2024 for deletion of the subject property from prohibitory list notified under Section 22-A(1) of the Registration Act, 1908 (for short, „the Act‟). When the respondents have not taken any action left with no option, the petitioner has approached this Court by filing W.P.No.9945 of 2024. The said writ petition was disposed of vide order dated 07.05.2024. In compliance to the said directions, the 2^nd respondent has issued the present impugned endorsement. On perusal of the impugned endorsement, it clearly demonstrates that the land for an extent of Ac.5.00 cents in RS.No.295-1 of G.Kothapalli Village, Dwaraka Tirumala Mandal, Eluru District, has been assigned to Sri Bhogaraju Gangaraju under ex-

servicemen quota vide letter dated 08.01.1999 and his name was incorporated in RSR. It is also admitted that based on the request made by the original assignee, the then Revenue Divisional Officer has issued an endorsement dated 15.06.2010 based on the orders of the District Collector permitting the assignee to sell the property in terms of G.O.Ms.No.1117 dated 11.11.1993. But, surprisingly, the respondent authorities have taken an objection that on verification from the Zilla Sainik Welfare Office, Eluru, no certificate has been found in favour of Sri Bhogaraju Gangaraju in the ex-servicemen register. Further, they have taken an objection that in the LD patta produced by the applicant, there is no mention with regard to the category of assignment made and the original assignment details and the assignment register are not available in Tahsildar office. Hence, they have rejected to delete the subject property from the prohibitory list.

4. Learned counsel appearing on behalf of the petitioner has questioned the impugned endorsement on two grounds. The first ground is when the grant of assignment in favour of the original assignee i.e., Sri Bhogaraju Gangaraju is not in dispute and also the endorsement given by the then Revenue Divisional Officer on 15.06.2010 based on the directions of the District Collector, West Godavari giving permission to alienate the property, the respondents ought not to have taken any objection with regard to the category of assignment. The petitioner being a bona fide purchaser has purchased the property based on the endorsement issued by the