Lands assigned to ex-servicemen are exempt from the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, and are alienable after ten years; once a sale deed is registered based on this, revenue authorities cannot deny mutation by challenging the original assignment's validity.

The Court made the following order:

Heard Sri O.Manohar Reddy, learned Senior Counsel appearing on behalf of Sri Nagendra Babu Paragati, learned counsel for the petitioners and Sri M.Chandra Shekar, learned Assistant Government Pleader for Revenue appearing for the respondents.

2. The instant writ petition is filed challenging the proceedings dated 10.10.2022 issued by the 5th respondent rejecting the application of the petitioners for issuance of pattadar passbooks and title deeds.

3. It is contended that land in an extent of Ac.4.95 cents in Sy.No.136/1B of Thondavada Village, Chandragiri Mandal, Tirupati District (erstwhile Chittoor District) was assigned in favour of one Surabathini Nagulu vide D-Patta dated 28.07.1997 under Ex-servicemen category. In recognition of his possession and title, the 5th respondent issued pattadar passbooks and title deeds in his favour.

4. After the demise of the said assignee, the petitioners entered into an agreement of sale with the legal heirs of late Surabathini Nagulu for purchase of the said land. Accordingly, the document was presented before the Sub-Registrar for registration. However, the Sub-Registrar insisted for submission of a “No Objection Certificate” from the Collector. Aggrieved by the same, the petitioners filed W.P.No.12132 of 2012. The said writ petition was disposed of with a direction to the Sub-Registrar to act on the document presented by the petitioners for registration without insisting for submission of NOC from the Collector, if 10 years period had elapsed from the date of issuance of the assignment in favour of Ex-servicemen.

5. In pursuance thereof, the sale deed executed in favour of the petitioners was accepted and the same was registered as Document No.2042 of 2012 dated 24.05.2012 under the provisions of the Registration Act, 1908. The petitioners have been in possession and enjoyment of the subject land.

6. Thereafter, on 09.05.2014, the petitioners have submitted an application to the 5th respondent seeking issuance of pattadar passbooks and title deeds in respect of the subject land. No orders were passed on the said application, challenging the said inaction the petitioners filed W.P.No.5186 of 2014. The said writ petition was disposed of granting liberty to the petitioners to file an application under Form 6-A of the A.P. Rights in Land and Pattadar Passbooks Rules, 1989 and directing the 5th respondent to consider the same and pass appropriate orders in accordance with law within three months from the date of receipt of a copy of the order.

7. In pursuance thereof, the petitioners filed the application; however, the 5th respondent, vide proceedings dated 29.10.2014, rejected the same. Aggrieved thereby, the petitioners preferred an appeal before the 4th respondent. The 4th respondent confirmed the order of the 5th respondent dismissing the appeal vide order dated 23.10.2017. Upon dismissal of the said appeal, the petitioners filed Revision before the 3rd respondent. The 3rd respondent confirmed the order of the 4th and 5th respondent. Aggrieved by the same, the petitioners herein approached the 1st respondent Government. The 1st respondent vide proceedings dated 19.06.2020 confirmed the orders of rejection. Challenging the same, the petitioners filed W.P.No.18640 of 2020. On 22.08.2022, this Court disposed of the said writ petition directing the 5th respondent to reconsider