* THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR + Writ Petition No.6502 of 2022 % 10.04.2024 # Between:

Gugulothu Ramaswamy Petitioner Vs.

The Principal Secretary (Revenue) Secretariat, Hyderabad & others.

Respondents ! Counsel for Petitioner : Mr.G.V.Raman Murthy ^ Counsel for Respondents : Assistant Government Pleader for Assignments.

1 2021 (3) ALT 146 (DB) (TS)

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.6502 of 2022

ORDER

This writ petition has been filed to declare the action of respondents in keeping the land in Sy.No.111/1/91/1, Ac.4-20 gts., of Narsampet Village and Mandal under prohibitory list under Section 22A of Registration Act as illegal and arbitrary and consequently direct the respondents to entertain registrations in respect of the above said land.

Brief facts of the case and submission of the petitioner: 2. The brief facts of the case are that originally one Akula Babaiah worked as Hawaldar/X-Service man/Freedom fighter, and also worked in II World War with Batch No.145297. After his retirement and by following G.O.Ms.No.74, he was granted land to an extent of Ac.9-13 gts., vide Laoni Patta in old Sy.No.111/88 and in new Sy.No.111/1/91/1 of Narsampet Village and Mandal, Warangal District vide file bearing No.A3/8292/61. It is submitted that a patta was given in Form-G under Rule 9(g) of Laoni Rules, 1950 and after obtaining the patta, the same was implemented in file bearing No.A3/8292/1961 for the year 1962-

63.

3. It is submitted that Mandal Revenue Officer, Warangal District has lost the said patta. The Tahsildar in his letter dated 20.05.2019 addressed to the Revenue Divisional Officer, Narsampeta, Warangal clearly stated that Akula Babaiah was given Laoni Patta in Form No.G following Rule 9(g) of Laoni Rules, 1950. The petitioner submits that Laoni Rules are applicable to the subject mentioned land and that vide G.O.Ms.No.1045 Revenue (Assn.I) Department dated 15.12.2004, the land assigned to political sufferers/freedom fighters can be sold by them after a period of ten (10) years of the date of allotment and that patta granted under the Laoni Rules, 1950, there is no condition of non-alienability and the said patta does not come within mischief of Section 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. It is further submitted that the said A.Babiah sold the Laoni Patta containing Ac.4-20 gts., to Rama Anasuya Devi vide registered sale deed No.3845/1975, and that the subject sale deed is legally valid as per Laoni Rules.

4. Thereafter, the name of Rama Anasuya Devi was mutated in the Jamabandi proceedings and her name was also recorded in the Pahanies for the years 1976-77 to 1991-92. Thereafter, the said Rama Anasuya Devi has filed an application before the Tahsildar seeking conversion of agriculture land into non-agricultural/residential purpose in respect of land to an extent of Ac.4-20 gts., in Sy.No.111/1/91/1 of Narsampet Village (herein referred to as ‘subject land’). Subsequently, the Revenue Divisional Officer converted agriculture land into non- agriculture land after obtaining necessary information. However, the District Collector, Warangal vide Letter No.E1/921/2019 sought for information from Tahsildar and RDO, Narsampet and finally concluded that A.Babaiah was assigned the above said land of Ac.9-13 gts., as such it cannot be sold. Accordingly, the entire extent of land in Ac.9-13 gts., in Sy.No.111/1/91/1 was kept under prohibitory property under Section 22A of the Registration Act and also directed Commissioner and IG, Registration Department not to entertain any registrations. Further in Dharani portal also the said survey number is shown as prohibitory property.

5. Learned counsel for the petitioner submits that the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 is not applicable as in the Laoni Patta, the condition of non-alienability is not mentioned. When there is no such condition, the registered sale deed Doc.No.3845/