Assigned land granted to an individual is heritable but not alienable; therefore, it cannot be partitioned among other family members who were not the original assignees under the T.S. Assigned Lands (Prohibition of Transfers) Act, 1977.

: ORDER :

This writ petition filed to declare the action of respondent No.2 in passing order dated 07.01.2020, vide proceedings No.E1/19070/2019, as illegal and arbitrary and for consequential relief.

2. Heard Sri Nimma Narayana, learned counsel for the petitioner learned Assistant Government Pleader for Revenue and Sri K.Sunil Goud, learned counsel for respondent Nos.5 to 7.

3. Learned counsel for the petitioner would submit that the petitioner’s grandfather Chennaiah has got four sons namely 1) Pedda Venkataiah, 2) Chinna Venkataiah, 3) Giraiah and 4) Dasthaiah, and petitioner is the son of Dasthaiah. In the year 1977 the then Government of Andhra Pradesh assigned agricultural lands to several SCs and BCs. The petitioner’s grandfather nominated his elder son i.e., Pedda Venkataiah, in whose name the patta was granted in respect of Ac.5.00 guntas in Sy.No.521 of Mohamadabad Village (for short ‘subject land’). All the family members were cultivating the subject land and enjoying the fruits jointly; that during the life time of the grandfather of the petitioner, he partitioned the subject land along with other agricultural lands, equally, among his four sons, whereby each son has got Ac.1.10 guntas of land out of subject property and they were in absolute possession and enjoyment of their share of subject land for the past more than 40 years; that after demise of petitioner’s father, petitioner inherited his father’s share of subject land i.e. Ac.1.10 guntas and cultivating the same.

4. Learned counsel for the petitioner further submitted that though the petitioner and his family members were in possession of their respective shares i.e. Ac.1.10 guntas, each, in the subject property, no separate pattas were granted in their favour; that therefore, the petitioner along with other family members has made application to respondent No.4 for issuance of pattadar pass books, individually; and that a Panchanama was conducted on 29.09.2010 by the Mandal Revenue Inspector and Village Revenue Officer, wherein Pedda Venkataiah, in whose name the subject property was assigned, stated that the subject property is joint family property and that each of them are in possession of their respective shares i.e. Ac.1.10 guntas, and have been cultivating the same for the past 50 years; that accordingly, pachanamam was drawn and all three sons of Chennaiah, along with the petitioner signed the said panchanama, however no action was taken by the respondents; that the petitioner, along with the three sons of Chennaiah, again submitted an application to the Tahasildar, pursuant to which another pachanama was conducted on 01.03.2012, but, individual pattas were not granted on the ground that, till Pedda Venkataiah is alive, individual pattas cannot be granted. Accordingly, the Tahasildar issued a Memo dated 08.07.2012 to that effect.

5. Learned counsel for the petitioner further submitted that Pedda Venkataiah died on 14.02.2014 leaving behind his wife and two sons i.e. respondent Nos.5 to 7 and Chinna Venkataiah also died leaving behind his four sons and wife of his first son i.e. respondent Nos.9 to 12 and 8, respectively; that the petitioner along with his family members made several applications to the Tahasildar and also to the RDO for mutation of their names in the revenue records and for grant of separate pattas, in respect of the subject land; that ultimately, the RDO vide his proceedings No.G/5176/2018, dated 17.09.2018 passed orders transferring the pattas in favour of legal heirs of Pedda Venkataiah, Chinna Venkat