P Manjula vs. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION NO.17246 OF 2021

ORDER:

This petition is filed under Article 226 of the Constitution of India, seeking to declare the proceedings in R.Dis.F1/317957/2020, dated 21.07.2021 issued by the 2nd respondent in rejecting to delete the land belongs to the petitioner in an extent of Ac.2.82 cents in Sy.No.269/5 of Tottambedu village and Mandal, Chittoor District, assigned under political sufferers quota to the assignee form the prohibitory lands list stating that the same was sold prior to 10 years of assignment and the consequential action of the 4th respondent in refusing to receive and register a Sale Deed for the same as arbitrary, illegal and contrary to the G.O.Ms.No.1743 dated 28.08.1959.

2. Heard learned counsel for the petitioner as well as learned Government Pleaders for Revenue and Land Acquisition appearing for the respondents.

3. The petitioner purchased the subject land from one Mota Adiseshamma through the Sale Deed, dated 09.11.1991 registered as Doc.No.1067/1990. Originally said land was assigned to one

Srihasm Anatharaman,, S/o.Venkatachalaiah under political sufferers quota through D.K.T. Patta No.2255/4/90, dated 25.04.1981 and the same was sold in favour of said Mota Adiseshamma, through a registered sale Deed dated 07.09.1981. Since the date of purchase, the petitioner's predecessors have been in continuous possession and enjoyment of the subject property, the revenue authorities also mutated their names, issued pattadar Pass Book and Title Deed. While so, the petitioner was constrained to sell the subject land for her necessities and approached the 4th respondent, whereas the 4th respondent refused to give the particulars and informed that the subject land is included in the list of prohibitory lands issued by the 2nd respondent, under Section 22-A of Registration Act, 1908.

4. Consequently, the petitioner submitted an application in TTA 012000057019, dated 19.09.2020 and a detailed petition before the 2 nd respondent, requesting to delete the subject land from the prohibitory lands list issued under Section 22-A of the Act, 1908. But the 2nd respondent rejected his request through the impugned proceedings dated 21.07.2021 2021 on the following grounds:

1. The land was assigned to the Srihasam Anantharaman S/o.Venkatachalaiah for Sy.No.269/2 with an extent of

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Ac.2.47 cents and Sy.No.269/5 with an extent of Ac.2.82 cents vide D.K.T.No.2255/4/90 dated 25.04.1981 under Political sufferer Quota, but the connected DKT Original file is not available. The genuinenity of the assignment is suspicious.

• 2. Date of assignment : 25.04.1981
• 3. Date of Sale of Assigned land : 07.09.1981
• 4. The assignee has sold away the assigned land within 4 months and violated the conditions stipulated in G.O.Ms.No.1117 Revenue (Assn-I) dept., dt.11.11.1993
• 5. As per G.O.Ms.No.1045, Revenue (Assign-I) dt.15.12.2004 "the Freedom Fighters are free to sell away their assigned land after a period of 10 years." But the assignee has sold away the land within 4 months on 07.09.18981 and his date of assignment is 25.04.1981.
• 6. Thus violated condition stipulated in the grant of assignment patta in favour of Political sufferer.
• 5. Aggrieved by the same, present Writ Petition is filed.

6. Learned counsel for the petitioner placed reliance of the patta granted in favour of the assignee on 25.04.1981, which clearly discloses that the patta has been granted under political suffers quota; despite there is no restriction for alienation of the patta, the respondents have included the subject property under 22-A list. As per G.O.Ms.no.1743, dated 28.08.1959 the conditions of nonalienability for a period of 10 years, attached to the assignment are deleted and the political sufferers are permitted to sell away the lands assigned to them without imposing any conditions. In the instant case, once patta is granted under political sufferers' quota,

the conditions stipulated in G.O.Ms.No.1117, dated 11.11.1993 are not applicable. Therefore, the question of violation of the conditions does not arise.

7. Learned counsel for the petitioner further submitted that identical issue has been decided by this court in various judgments including the decisions passed in A.Venkatesan and Others Vs. Government of Andhra Pradesh¹ , Danthuluri Venkatarama Subbaraju Vs. State of Andhra Pradesh made in W.P.No.17377 of 2019 dated 16.04.2020 and also in Kopparla Santhi Vs. State of A.P. vide W.P.No.16019 of 2020, wherein after consideration of the entire record, the court held that inclusion of the land or notifying the land under Section 22-A(1) (e) of the Registration Act is against the law, since the restrictions under the A.P. Act 9 of 1977 have no application and thereby question of prohibiting alienation by the District Collector on the ground that it is an assigned land is contrary to the law.

8. In view of the observations made in the judgments referred supra, it is clear that by virtue of G.O.Ms.No.1745 (Revenue Department) dated 28.08.1959 the political sufferers were free to sell the land assigned to them without any prohibition or inhibition and

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¹ 2004 (2) ALD 422

the respondents herein did not deny the patta granted in favour of the original assignee. Therefore, the impugned proceedings in R.Dis.F1/317957/2020, dated 21.07.2021 issued by the 2nd respondent are set aside. The respondents are directed to delete the land in an extent of Ac.2.82 cents in S.No.269/5 of Thottambedu village and Mandal, Chittoor District, from the prohibitory list under Section 22-A of the Registration Act, 1908 and pass appropriate orders expeditiously within eight (08) weeks from the date of receipt of a copy of the order.

9. Accordingly, the Writ Petition is disposed of. No costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

JUSTICE D. RAMESH

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Date: 06.07.2023 Pnr