APHC010477322021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29847/2021 Between: 1. CENTRAL EXCISE AND OTHER CENTRAL GOVERNMENT EMPLOYEES HOUSE/PLOT OWNERS WELFARE ASSOCIATION, (REGD. NO.349/2014) A SOCIETY REGISTERED UNDER A.P SOCIETIES REGISTRATION ACT, 2001, HAVING ITS REGISTERED OFFICE AT D.NO.10-53-283, LIG-V/2, NEHRU NAGAR, REDNAM GARDENS ROAD, VISAKHAPATNAM- 530002. REP BY ITS SECRETARY, V.BAIA RAMA KRISHNA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY TO GOVT., REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, A.P SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR OF VISAKHAPATNAM, COLLECTORATE, MAHARANIPETA, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, VISAKHAPATNAM RURAL, VISAKHAPATNAM DISTRICT. 5. THE SUBREGISTRAR, MADHURAWADA, VISAKHAPATNAM. 2 ...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 toto issue a Writ of Mandamus or any other appropriate writ, order or direction, A. To declare the proceedings in notification dated 06.08.2016 in FORM-Ill- Assigned Lands List issued by the 2nd Respondent directing the lands belonging to the Petitioners admeasuring an extent of Ac.10.00 cents in Sy.No.359 and Ac.10.00 cents in Sy.No.360 of Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District to be included in the list of prohibited properties included as under Section 22-A(1)(b) of the Registration Act, 1908 as being illegal, arbitrary, and unconstitutional in violation of provisions of the Registration Act, 1908 and A.P Assigned Lands (Prevention Of Transfers) Act, 1977. B To declare the proceedings issued by the 2nd Respondent in eofc.No.16173/2017/E1 dated 12.09.2018, rejecting the application of the Petitioner Society to de-notify an extent of Ac.10.00 cents in Sy.No.359 and Ac.10.00 cents in Sy.No.360 of Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District from the list of prohibited properties included as under Section 22-A(1)(b) of the Registration Act, 1908 as being illegal, arbitrary, and unconstitutional in violation of provisions of the Registration Act, 1908 C Consequently set aside the proceedings in notification dated 06.08.2016 in FORM-III- Assigned Lands List issued by the 2nd Respondent. D Further Consequently set aside the proceedings issued by the 2nd Respondent in eofc.No.16173/2017/E1 dated 12.09.2018. E. Pass IA NO: 1 OF 2021 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 suspend the notification dated 06.08.2016 in FORM-III- Assigned Lands List issued by the 2nd Respondent pertaining to the Petitioners' land admeasuring an extent of Ac.10.00 cents in Sy.No.359 and Ac.10.00 cents in Sy.No.360 of Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District and pass IA NO: 1 OF 2025 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 may 3 be pleased to grant leave to the petitioner herein /Respondent No.2 to file counter affidavit and pass IA NO: 2 OF 2025 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 may be pleased to Grant Leave to the Petitioner in WP No.29847 of 2021 to file the instant Rejoinder in the interest of Justice and to pass Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS (AP) 4 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the proceedings of the 2nd respondent dated 12.09.2018 by not considering the request of the applicants for denotification of lands covered by Sy.Nos.359 and 360 of Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District. 3. The learned counsel for the petitioner submits that the 2nd respondent vide order dated 19.03.1983 accorded permission to Sri Fareed Ulzma, the political sufferer of Visakhapatnam to dispose of Ac.10-00 cents of land assigned to him in Sy.No.359 of Madhurawada Village of Visakhapatnam Taluka. Similarly, another order was issued by the 2nd respondent in respect of Ac.10.00 cents of land in Sy.No.360 to sell the same by the applicant therein Sri M.Venkata Ramayya who was declared as political sufferer and assignment was made in the year 1970 to the subject land. The 4th respondent submitted a report to the 2nd respondent on 22-A objections vide proceedings dated 13.04.2018 with respect to the subject lands in an extent of Ac.10-00 cents in Sy.No.359 and Ac.10-00 cents in Sy.No.360 which were assigned in the names of Babulal and M.Venkaiah respectively, who are none other than Sri Fareed Ulzma (Babulal) and Sri M.Venkata Ramayya respectively and recommended by way of report 5 making a request to the 2nd respondent for deletion of the subject lands from 22- A Register by way of denotification. Similarly, the 3rd respondent also gave a report to the 2nd respondent vide proceedings dated 17.04.2018 making a request for deletion of the subject lands basing upon the report of the Tahsildar. 4. Contrary to the above said proceedings and by virtue of the impugned proceedings of the 2nd respondent, the subject lands were placed in the properties prohibited list under section 22A of A.P. Registration Act, 1908 observing in the remarks column that it is cancelled and resumed to the government. 5. The learned counsel for the petitioner submits that the 2nd respondent by virtue of his impugned proceedings dated 12.09.2018 cannot rewrite and take U- turn from the orders passed by the 2nd respondent dated 19.03.1983. At this stage, he cannot doubt the integrity of the status of the political sufferer category of those assignees and the assignments made by the revenue department at that point of time and he cannot ignore the report submitted by the 3rd and 4th respondents basing upon the revenue records available in the office. It amounts to exercising appellate jurisdiction against his own office which was presided by another officer at the earlier point of time. The learned counsel for the petitioner also further submits that the 2nd respondent cannot improve in the counter with different reasons contrary to the record and beyond the scope of the impugned proceedings. 6 6. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the genuinity of the assignments was not established in the earlier records of the department and as such the impugned proceedings were issued. 7. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is not in dispute that the subject land was assigned to the political sufferers and they alienated the subject lands to the petitioner’s association by taking necessary permissions from the revenue authorities concerned at that point of time and there were subsequent alienations which are not in dispute. 8. In view of the same, at this point of time, the 2nd respondent without affording any opportunity to the affected parties cannot abruptly place the subject land which is altered in its character and nature totally by making it into plots and occupied by the individual owners with subsequent interests owning with different registered sale deeds and conveyances by putting the clock back and by taking U-turn with respect to the alienation itself by keeping it on hold and placing it on prohibited properties list is nothing but unreasonable and unjustifiable act which is to be set aside forthwith. Accordingly, proceeding of the 2nd respondent dated 12.09.2018 is set aside herewith. 7 9. In view of the setting aside of the proceedings of the 2nd respondent dated 12.09.2018, consequential proceedings shall follow in accordance with law with respect to the subject land covered under the said proceedings. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Interim order, if any, deemed to have been vacated. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 18-11-2025 PND