HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12769 of 2014

ORDER

This writ petition is filed seeking the following prayer:

“...directing the respondents to cancel the redemption proceedings issued on the land covered under Sy.No.234/2 to an extent of Ac.1-05 gts., situated at Huzurabad Village and Mandal Karimnagar District and consequently direct the respondents not to dispossess the petitioner in respect of his land bearing Sy.No.234/2 to an extent of Ac.1-05 gts., situated at Huzurabad Village and Mandal, Karimnagar District(subject land)...”

2. The facts of the case are that the petitioner claims to be owner and possessor of subject land which he has purchased from one K.Ramesh Reddy through an unregistered sale deed dated 27.09.2003 for a valid sale consideration. It is submitted that revenue authorities have also collected revenue tax from the petitioner and to that extent issued tax receipt in his favour and petitioner is a bonafide purchaser and landless poor person. It is the further case of petitioner that respondent No.4 without serving any notice and without following due course of law executed a panchanama on 04.02.2013 claiming that the land is an assigned land and according to Section 3 of Andhra Pradesh Assigned Land Prohibition Act, 1977, the land cannot be alienated or transferred to any third party, whereas the land assignee has sold the said land to one K.Ramesh Reddy.

3. It is further submitted that according to the records, the said land was allotted to one B.Chakrapani prior to 1968 to an extent of Ac.1-30 gts., and subsequently his name was recorded in faisal patti for the year 1967-68. As such the said Chakrapani was in continuous possession till he alienated the same to K.Ramesh Reddy. It is submitted that when the title of K.Ramesh Reddy was denied by the Chakrapani, he also filed a suit for declaration of title on the file of District Munsif, Huzurabad vide O.S.No.1709 of 1986 and the said suit was decreed in favour of K.Ramesh Reddy by judgment dated 07.05.1986. It is further submitted that by virtue of the said decree the said K.Ramesh Reddy became the title holder of the subject property. The petitioner further submits that according to the provisions of Section 26(5) of Andhra Pradesh Pattadar Passbook and Title Deed Act, 1971, the pattadar passbook will be issued to a person who is in actual possession of the said land. It is further submitted that after going through all the record and verifying that the subject land is not assigned to Chakrapani, the petitioner purchased the property as such the question of redemption does not arise after a lapse of more than fifty years of its assignment. Questioning the same, the present writ petition is filed.

4. After perusal of the material placed on record, this Court is of the considered view that petitioner has not produced any sale deed and he is claiming title basing on an unregistered sale deed. However, petitioner would submit that he has purchased the subject land from an assignee, as such there is no valid claim. In the absence of such details, the writ petition cannot be entertained.

5. With the above observations, this writ petition stands dismissed. However, petitioner may avail appropriate remedy as available under law. There shall be no order as to costs.

As sequel to it, Miscellaneous Petitions, if any pending, shall stand dismissed.

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N.V.SHRAVAN KUMAR, J

28.04.2025 mrm