APHC010617532022 IN THE HIGH COURT OF ANDHRA PRADES|i_ AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JUL^: TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR / WRIT PETITION NO: 36964 OF 2022 ^ Between: Kommineni Krishna, S/o Late Krishna, Hindu, aged 58 years, Occ; Ex- Service men, D.No.58-1 1-9/1, Old Karasa, NAD, Visakhapatnam ...Petitioner^ AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The Chief Commissioner of Land Administration, Andhra Pradesh, APIIC Buildings, Mangalagiri, Guntur District. 3. The District Collector, Visakhapatnam. 4. The District Collector, Anakapalli. 5. The Revenue Divisional Officer, Anakapalli. 6. The Tahsildar, O/o Mandal Revenue office, Parawada, Anakapalli District. 7. The Sub Registrar, Stamps and Registration, Parawada Mandal, Anakapalli District ^ ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring Comp No.8275/2022/L2-(DT) dt.4-10-2022 of the 4th Respondent as arbitrary, contemptuous, illegal, without jurisdiction, unlawful and violative of Art. 14 and 300-A of the Constitution of India and instructions of the 2nd Respondent dt.4-5-2022 and further violative of Principles of Natural Justice and consequently direct the respondents to denotify the subject land situated in Sy.No.357/2 to the extent of Ac.5 OOcts of Desapatrunipalem Village of Parawada Mandal Anakapalli District from the prohibitory list of immovable properties maintained under Sec.22-A of Registration Act and also direct the respondents to register the subject land whenever the document to that effect is submitted by the petitioner.^ lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the order vide Comp No.8275/2022/L2-(DT) dt.4-10-2022 of the 4th Respondent including dispossession of the petitioner in the subject land situated in Sy No. 1572 to the extent of As.500 cts of Desapatrunipalem Village of Parawada Mandal, Anakapalli District. ^ lA NO: 1 OF 2023 1. The District Collector, Anakapalli district. ...Petitioner/Respondent AND 1. Kommineni Krishna, S/o Late Krishna, Hindu, aged 58 years, Occ: Ex- Service men, D.No.58-1 1-9/1, Old Karasa, NAD, Visakhapatnam. ... Respondent/Petitioner 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 3. The Chief Commissioner of Land Administration, Andhra Pradesh, APIIC Buildings, Mangalagiri, Guntur District. 4. The District Collector, Visakhapatnam. 5. The Revenue Divisional Officer, Anakapalli. 6. The Tahsildar, O/o ManddI Revenue office, Parawada, Anakapalli District. 7. The Sub Registrar, Stamps and Registration, Parawada Mandal, Anakapalli District. (R2 to R7 are not necessary parties in this petition) ...Respondent/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 15.11.2022 in WP.No.36964/2022 and dismiss the writ petition. ^ Counsel for the Petitioner: SRI V MAHESWAR REDDY ^ Counsel for the Respondent Nos. 1 to 6: GP FOR REVENUE - Counsel for the Respondent No. 7: GP FOR REGISTRATION AND STAMPS The Court made the following order: / % APHC010617532022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 36964/2022 [3505] Between: 1.KOMMINENI KRISHNA, S/0 LATE KRISHNA, HINDU, AGED 58 YEARS, OCC-EX-SERVICE MEN, D.NO.58-1 1- 9/1, OLD KARASA, NAD, VISAKHAPATNAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE CHIEF COMMISSIONER OF ADMINISTRATION, ANDHRA PRADESH, BUIDINGS, MANGALAGIRI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, VISAKHAPATNAM. 4.THE DISTRICT COLLECTOR, ANAKAPALLI. 5.THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI. 6.THE TAHSILDAR, 0/0 MANDAL REVENUE OFFICE, PARAWADA, ANAKAPALLI DISTRICT. LAND APIIC 2 7.THE SUBREGISTRAR, STAMPS AND REGISTRATION PARAWADA MANDAL, ANAKAPALLI DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDMUS declaring Comp No.8275/2022/L2-(DT) dt.4-10-2022 of the 4th Respondent as arbitrary, contemptuous, illegal, without jurisdiction, unlawful and violative of Art. 14 and 300-A of the Constitution of India and instructions of the 2nd Respondent dt.4- 5-2022 and further violative of Principles of Natural Justice and consequently direct the respondents to denotify the subject land situated in Sy.No.357/2 to the extent of Ac.5 00 cts of Desapatrunipalem Village of Parawada Mandal Anakapalli District from the prohibitory list of immovable properties maintained under Sec.22-A of Registration Act and also direct the respondents to register the subject land whenever the document to that effect is submitted by the petitioner and pass lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of all further proceedings in pursuance of the order vide Comp No.8275/2022/L2-(DT) dt.4-10-2022 of the 4th Respondent including dispossession of the petitioner in the subject land situated in Sy No. 1572 to the extent of As.500 cts of Desapatrunipalem Village of Parawada Mandal, Anakapalli District and pass lA NO: 1 OF 2023 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the praying that in the 3 interim order dated 15.11.2022 in WP.No.36964/2022 and dismiss the writ petition and pass lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant leave to the petitioner/ respondent No. 7 to file the counter affidavit and pass Counsel for the Petitioner: 1.V MAHESWAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 4 The Court made the following order: The petitioner is an ex-serviceman who made -an- application through the proper channel seeking to grant assignment of land in his favour. It is his further case that, after enquiry, land admeasuring an extent of Ac.5.00 in Sy.No.357/2 of Desapatruni palem Village, Parawada Mandal, Visakhapatnam District (now in Anakapalli), was assigned in his favour vide D- Form patta bearing DR.No.70/1402, dated 25.01.1993. It is further case of the petitioner that, at time of assignment, the subject land was covered with shrubs and bushes, which were cleared by the petitioner by spending considerable amount of money, thereby made the land fit for cultivation. It is further stated that, the name of the petitioner was mutated in the revenue records and he was also issued pattadar passbooks and title deeds by duly incorporating his name in IB register. The petitioner claims that, he is in peaceful possession and enjoyment of the land assigned and is eking out his livelihood by cultivating the same. 2. It is further case of the petitioner that, the respondents have included the subject land under prohibited properties list furnished under Registration Act, 1908. On coming to know about the same, he approached the 2"'^ respondent with a request to delete the subject lands from the list of prohibited properties in terms of G.O.Ms.No.279, Revenue Department (Assigned Lands), dated 04.07.2016. The request of the petitioner rejected by proceedings dated 22.12.2017, issued by the 2 was nd respondent. Questioning the same, the petitioner filed writ petition vide WP No.7649 of 2008, which was disposed of by order dated 11.02.2019, setting aside the proceedings dated 22.12.2017 by directing the respondents to consider the petitioner’s request afresh, strictly in accordance with the procedure established by law, after affording opportunity of being heard, and to complete the said exercise within a period of six (06) weeks from the date of receipt of copy of the said order. Thereafter, the Joint Collector, Visakhapatnam, issued notice dated 04.09.2019 asking the petitioner to attend for enquiry to be conducted on 06.09.2019. The enquiry could not be conducted on the said date due to administrative reasons and thereafter the enquiry was conducted on 11.09.2019, in which the petitioner appeared and submitted all relevant documents in support of his claim. Thereafter, the authority did not pass any orders. Thereafter, the petitioner constrained to issue contempt notice dated 10.04.2021. Despite was r 6 the same, no orders are passed in the matter as per the direction given by this court in WP No.7649 of 2018. Questioning the said inaction, the petitioner filed contempt case vide CC No.994 of 2021. It is further case of the petitioner that, thereafter the Joint Collector, Visakhapatnam, issued notice dated 28.06.2021 asking the petitioner to be present before him on 30.06.2021 for taking up the enquiry as per the orders passed in the said writ petition. It is further stated that, the petitioner again appeared and submitted all relevant documents in support of his case. Thereafter, the 3"'^ respondent rejected the claim of the petitioner by impugned proceedings dated 04.10.2022. Questioning the said proceedings, the present writ petition is filed. On the other hand, the 4‘^ respondent filed counter affidavit stating that, the assignment of government land to serving personnel is governed by the provisions of BSO No.15-(2g) and is subject to the consent and voluntary cultivation by the family members of serving personnel. It is further stated that, the petitioner failed to file any documentary evidence to show that his family was cultivating the land while the petitioner was in service. It is further stated that the petitioner joined in Indian Army 16,09.1986 and retired from service on 30.09.2010. The D-Form 3. on "A 7 patta was granted to him in the year 1993, while he which is not in consonance with GO.Ms.No.743, Revenue Department, dated 30.04.1963, whereunder categorically stated that it is only after demobilization from service, the ex-servicemen are entitled to grant of patta. It is further stated that, in the absence of DR file and Sub Division records it is difficult to determine the case of the petitioner as to how he was granted assignment while in service. It is further stated that, cases related to similarly situated persons/assigne es, who were granted permissions by virtue of memo dated 11.02.2010 are under enquiry conducted by Special Investigation Team (SIT) and those lands were notified under prohibited properties list. It is further stated that, since the case of the petitioner is also similar to that of the case under SIT enquiry, the request of the petitioner to delete the subject land from the prohibited properties list was considered. With the above pleadings the respondents prayed to dismiss the writ petition. was in service. it is 4. A reply affidavit is filed stating that. as per instructions/guidelines issued by Chief Commissioner of Land Government of Andhra Pradesh, dated 04.05.2022, assignment made to the ex-servicemen/serving Administration 8 soldiers are also entitled to the benefits under G.O.Ms.No.1117,dated 11.11.1993 and G.O.Ms.No.279, dated 04.07.2016. It is further stated that, in view of the same, the respondents cannot reject the claim of the petitioner. It is further stated that, the petitioner is entitled to alienate the subject land after completion of ten (10) years from the date of assignment. It is further stated that the subject land is under SIT enquiry, is absolutely false and incorrect and the same was never under the said SIT enquiry, and it is further averred that, the petitioner did not receive any notice till date. With the above pleadings the petitioner prays to allow the writ petition. 5. Heard Sri V.Maheswar Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 6. Perused the material available on record. 7. It is not in dispute that, the petitioner was assigned land admeasuring an extent of Ac.5.00 in Sy.No.357/2 of Desapatrunipalem Village, Parawada Mandal, Visakhapatnam District, on 25.01.1993. It is also not in dispute that the petitioner was issued pattadar passbooks and title deeds by duly mutating his name in the revenue records. The request of the petitioner to delete the subject land from the list of prohibited properties rejected on the ground that, as per GO.Ms.No.743, dated 30.04.1963, all those domiciled in Andhra Pradesh and serving in the Indian Defense Forces will be eligible for assignment of land in their own village or elsewhere under the rules only after demobilization. The finding/observation of the 3'^^ respondent cannot be accepted for the reason that, admittedly the petitioner is an ex-serviceman and the patta was granted under ex- servicemen quota. Further, it is not the case of the respondents that the petitioner has obtained DKT patta by misrepresentation or fraud. Apart from the same, the impugned order is also contrary to the instructions/guidelines dated 04.05.2022, issued by the Chief Commissioner of Land Administration, whereunder it is categorically mentioned that, the date of discharge is of no consequence and the ex-serviceman assignee is allowed to sell land assigned to him after ten (10) years from the date of assignment. It is further clarified in the said guidelines that, no such land, assigned to ex-servicemen shall be placed in 22A list, ten (10) years after the date of assignment. It is not out of place to mention that while clarifying the same, the Chief Commissioner was 10 of Land Administration has taken into consideration of the procedure required under G.O.Ms.No.743 including the assignments made to the ex-servicemen while they were in service. In view of the same, the finding of the 3'*^ respondent is not sustained and the same is set aside. 8. The other ground that the DR file and Sub Division records are not available to determine the case of the petitioner whether the assignment was made under the provisions of BSO No.15- (2g). In this connection, this Court in writ appeal vide WA No.576 of 2022 and WP No.45418 of 2018, by order dated 02.05.2023, while placing reliance on the instructions/guidelines dated 04.05.2022, issued by the Chief Commissioner of Land Administration, reiterated that ex-servicemen are entitled to sell the assigned land after ten (10) years from the date of assignment, whatever the description in any revenue record. It is further reiterated that any land assigned to an ex-serviceman shall be treated not as assignment to a landless poor person, irrespective of what is stated in the DR file. Further, while allowing the writ appeal, the Division Bench of this Court directed the authorities concerned to forthwith delete the lands therein from the list of prohibited properties and to register the same in 11 accordance with law. In view of the same, the second ground which the impugned order is passed is also not sustainable under on law. 9. Coming to the other ground on which the case of the petitioner is rejected that, the petitioner did not file documentary proof to show that his family members have cultivated the land while the petitioner was in service. The basis for coming to such conclusion is apparent that the Tahsildar submitted a report stating that the land is not being cultivated as on date. On perusal of references in the impugned order, it is clear that the Tahsildar has sent report on 02.09.2022. Admittedly, the petitioner was discharged from 30.09.2010. Absolutely nothing is placed on record to show that the family members of the petitioner did not cultivate the subject land while he was in service. As already stated supra, based report dated 02.09.2022 submitted by the Tashildar, the 3^'^ respondent has come to such conclusion. The said finding of the 3'^^ respondent is liable to be set aside. any service on on 10. Insofar as the contention of the respondents that the Special Investigation Team (SIT) is enquiring into the matter in respect of similarly situated persons on whose favour assignment 12 was made under ex-servicemen quota is concerned, on perusal of memo dated 11.02.2010, the enquiry was ordered against two individuals namely Sri K.Apparao, and V.Sanyasi Rao, but not against the petitioner. Further nothing is placed on record that any enquiry is initiated against the petitioner herein. In the absence of the same, the case of the petitioner cannot be rejected by taking shelter under the guise of SIT enquiry initiated against third parties. Therefore, the said contention of the respondents does not have legs to stand. 11. For the foregoing reasons, the order impugned dated 04.10.2022, does not stand for judicial scrutiny and accordingly the same is set aside. It is further directed that the respondents shall forthwith delete the subject land i.e., an extent of Ac.5.00 cents in Sy.No.357/2 of Desapatrunipalem Village, Parawada Mandal, Visakhapatnam District, from the list of prohibited properties. Further, any document is presented for registration in respect of the subject land, the same shall be registered in accordance with law. With the above directions, the writ petition is allowed. There 12. shall be no order as to costs. 1 Q As a sequel, pending applications, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR ,/ //TRUE COPY// SE^fl^^FFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The Chief Commissioner of Land Administration, Andhra Pradestf, APIIC Buildings, Mangalagiri, Guntur District. 3. The District Collector, Visakhapatnam. 4. The District Collector, Anakapalli. 5. The Revenue Divisional Officer, Anakapalli. 6. The Tahsildar, O/o Mandal Revenue office, Parawada, Anakapalf( District. 7. The Sub Registrar, Stamps and Registration, Parawada Mandal, Anakapalli District 8. One CC to Sri. V Maheswar Reddy Advocate [OPUC] 9. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT Two CD Copies 10. 11. GSC HIGH COURT DATED;21/07/2025 ORDER WP NO. 36964 OF 2022 ALLOWING THE WP WITHOUT COSTS