IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY. THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1847 OF 2022 Between: C. Srinivasulu, S/o C Krishnaiah, aged 37 H.No.2-78, Billapuram Village, Nandyal Mandal, Kurnool District. years, Ex-Serviceman, R/o ...PETITIONER AND 1. The State of Andhra Pradesh rep. by it's Principal Secretary (Revenue Dept.,) Secretariat Building, Velagapudi, Guntur District. 2. The Tahsildar. Orvakal Mandal at Orvakal, Kurnool 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 be pleased to issue Writ, Order may or Direction more particularly one in the nature of Writ of Mandamus declaring the endorsement Respondent vide Rc.A/176/2021, dated 03-11-2021 nd of the 2 whereby rejecting to name of the issue e-Pattadar Pass Book and Title Deed while updating the petitioner with digital signature in online webportal basing on the Form-6A submitted through Mee-Seva vide application RMU012106644128 29-04-2021. , Dated as illegal, arbitrary and contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books violation of Art.21 and 300-A of Constitution of Act, 1971 apart from India and consequently set aside the same by direct the Respondents to issue e-Pattadar Pass Book and Title Deed to an extent of Ac.3.00 cents in Sy.No.532/C of Orvakal Village and Mandal of Kurnool District while updating the name of the petitioner with digital signature in online webportal basing on the Form-6A submitted through Mee-Seva vide application RMU012106644128 29-04-2021. Dated 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 stay all further proceedings in pursuance to the endorsement of 2"" Respondent Rc.A/176/2021, dated 03-11-2021 by suspending same, pending disposal of the above writ petition. Counsel for the Petitioner: SRI J. U. M. V. PRASAD Counsel for the Respondent Nos.1 & 2: GP FOR REVENUE The Court made the following: ORDER the 1 i APHC010027312022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE iL' [3505] Z-b-j-Tj,--; PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1847/2022 Between: C Srinivasulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.J U M VPRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2 The Court made the following order: The petitioner claims that he was assigned land admeasuring an extent of Ac.3,00 cents in Sy.No.532/C, situated in Orvakal Village and Mandal, Kurnool District, on 14.07.2005, under the Ex-Serviceman Quota. Subsequently, the name of the petitioner was mutated in the revenue records in respect of the subject lands and he was issued pattadar passbooks bearing No.P-612385 vide Khata.No.768. it is further case of the petitioner that, since the date of grant, he is in peaceful possession and enjoyment of the subject land without any interference from anybody. It is further stated that, in order to meet the family expenses, including education of his children especially during Covid-19 Pandemic, he intended to alienate the subject land. In pursuance thereof, the petitioner approached the concerned Sub Registrar to ascertain the market value and stamp duty and in turn the Sub Registrar informed him unless the name of the petitioner is entered into webland online, the registration cannot be entertained. In those circumstances, the petitioner approached the 2^^ respondent by submitting an application in Form-6A dated 29.04.2021, as per the provisions of Act 26 of 1971. When there was no action, he filed writ petition vide WP No.20008 of 2021. The said writ petition was disposed of by order dated 13.09.2021, directing the 2 nd respondent to consider and dispose of the application filed by the petitioner within a period of four (04) weeks. In view of the same, the 2"^ respondent rejected the request of the petitioner by issuing the impugned Endorsement No.Rc.A/176/2021, dated 03.11.2021, ground that, the petitioner was never in possession and did not bring the subject land fit for cultivation. Questioning the said endorsement, the present writ petition is filed. on the 2. On the other hand, the 2"^ respondent filed counter affidavit stating that, original D-Form patta issued in favour of the petitioner is not available in the office record. It is further stated that the name of the petitioner is not entered in the Assignment Committee Register maintained in the office of the 2 respondent. It is further stated that, no assignment was made during the year 2005 in Orvakal Mandal and therefore, the D-Form patta produced by the petitioner is not genuine. It is further stated that, Katha No.768, was originally assigned to one Sri M. Noorjahan W/o Shakir Basha, in respect of land admeasuring an extent of Ac.1.43 cents in Sy.No.91 of the said village. It is further stated in the counter affidavit that, as per the ■r:: 4 report submitted by Mandal Revenue Inspector and Village Revenue Officer, the petitioner was never in possession nor the petitioner cultivated the subject land. With the above pleadings the 2""^ respondent justified his action in rejecting the application of the petitioner for mutating his name in online webland. Heard counsel for the petitioner and learned Assistant 3. Government Pleader for Revenue. Perused the material available on record. 4. On a perusal of impugned endorsement dated 03.11.2021, it is clear that, the 2^^ respondent admitted the issuance of D-Form patta, pattadar passbooks and title deeds in favour of the petitioner. The 2^"^ respondent, after receipt of the application from the petitioner, called for a report from the Mandal Revenue Inspector and Village Revenue Officer, who in turn reported that the petitioner did not bring the land fit for cultivation and he was never in possession and enjoyment of the subject land. The impugned endorsement further states that, the same is confirmed by Grama Sabha. The impugned endorsement is silent with regard to issuance of any notice to the petitioner before conducting the alleged enquiry by the Mandal Revenue Inspector 5. 5 and Village Revenue Officer. Further, the date on which Grama Sabha was conducted is also not mentioned. In the absence of the same, the impugned endorsement is liable to be set aside. 6. Further, it is not in dispute that the petitioner was assigned the subject lands under Ex-Serviceman Quota in the year 2005. In this connection, it is pertinent to mention that, the Government of Andhra Pradesh issued GO.Ms.No.1117, dated 11.11.1993, whereby and whereunder, permission is accorded to Ex- Servicemen to alienate the lands assigned in their favour after a period often years. In the case on hand, the land was assigned in the year 2005 and the period of ten years was completed in the year 2015 itself. It is not out of place to mention that, the assignment made in favour of Ex-Servicemen cannot be equated with that of assignment made in favour of land less poor person. Further, per the above mentioned GO, a concession is given to the Ex- Servicemen so as to alienate the lands assigned to them after a period of ten years. From the above it is clear that once an assignment is made, in favour of Ex-serviceman, the same shall be alienable after a period ten (10) years. In the instant case the 7. an as 6 assignment was made during the year 2005 and the period of ten (10) years was completed in the year 2015. Therefore, the respondents don’t have any power to deal with the assignment made in his favour in any aspect after completion of ten (10) years. Further, after a period of ten (10) years from the date of assignment, the lands assigned will loose the character of government land and it would become the absolute property of the person to whom it was assigned. Further it is not out of place to mention that, the lands assigned to Ex-servicemen cannot be equated with that of the land assigned to landless poor persons inasmuch as, assignment made in favour of Ex-serviceman is to see that, his life is secured after his discharge from Army and apart from the same, he is entitled to such assignment as a matter of right for the services rendered by him to the country, whereas, the assignment made in favour of landless poor is on a different footing so as to provide him livelihood. 8. It is pertinent to mention that the Government of Andhra Pradesh issued G.O.Ms.No.1117, Revenue (Assignment.!) Department dated 11.11.1993 in partial modification to G.O.Ms.No.743 (B) Department dated 30.04.1963 making it further clear that after a period of ten (10) years from the date of 7 assignment made in favour of Ex-Servicemen, they are free to sell away the lands assigned in their favour. From the said G.O. it is clear that a concession is given to the Ex-Serviceman to alienate the lands assigned to them after completion of ten (10) years. 9. Be that as it may, as noted supra, that the issuance of D- form patta in favour of the petitioner is admitted. Having admitted the same, the 2"^ respondent is now trying to justify his action stating that the name of the petitioner was not entered into D-form Register. It is pertinent to mention that, entering the names of the assignees in D-form Register is exclusively within the domain of the respondents and the same is ministerial act. Merely because the name of the petitioner is not entered into D-form Register, the same cannot be put against him. Further, as already stated, the 2'"^ respondent did not issue notice prior to the alleged enquiry conducted by the Mandal Revenue Inspector and Village Revenue Officer. In any case, once the 2""' respondent admitted the issuance of D-form in favour of the petitioner, it is incumbent on his part to mutate his name in revenue records and to enter his name in web land online. V. 8 In view of the same, the impugned endorsement dated 03.11.2021, issued by the 2^^ respondent, is hereby set aside and the 2'''^ respondent is directed to mutate the name of 10. the petitioner in respect of subject land in web land online record, within a period of six (06) weeks from the date of receipt of a copy of this order. 11. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary (Revenue Dept.,), State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 2. The Tahsildar, Orvakal Mandal at Orvakal, Kurnool District. 3. One CC to Sri J. U. M. V. Prasad, Advocate [OPUC] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb - HIGH COURT DATED:29/04/2025 ORDER WP.No.1847 of 2022 s 12 JUN m \ Currimi owimii , ALLOWING THE W.P. WITHOUT COSTS