IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 41673 OF 2017 Between: P. Satyanarayanamma, W/o. Krishnam Raju, aged about 57 H.No.53-33-38, KRM Colony Visakhapatnam District. years, R/o. Seethammadhara Visakhapatnam, ...Petitioner AND 1. The State of A.P., Rep. by its PrI. Secretary (Revenue), Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. 4. The Tahsildar, Anandapuram Mandal Visakhapatnam District. 5. The Commissioner and Inspector General of Stamps And Reg. Vijayawada, Krishna District. 6. The District Registrar, Visakhapatnam, Visakhapatnam District. 7. The Sub-Registrar, Bheemunipatnam, Visakhapatnam District. , A.P., ...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 the action of the respondents 1 to 4 in failure to take action to delete the land situated in Sy.No.302/1, 302/3 and 292/18 in a total extent of Ac. 15.05 cents Vellanki Village, Anandapuram Mandal oir-Visakhapatnam district from the purview of the assigned lands from the list communicate to the respondents 4 to 7 dated 23-06-2017 as illegal and arbitrary, to declare that the A.P. Assigned Lands (Prohibition of Transfer) Act and the Rules made there under has application in respect of the lands which were assigned in favour of no an ex- servicemen, consequently direct the respondents to delete the Sy.Nos. 302/1, 302/3 and 292/18 of Vellanki village, Anandapuram Mandal from the notification which was published in Form No.Ill and Rule 4 of the Rules framed under A.P. Assigned Lands (Prohibition of Transfer) Act, 2007. LA- NO: 1 OF 2017(WPMP. NO: 51696 OF 2017) 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 direct suspend the list communicated by the Respondents 1 to 4 to the respondents 5 to 7 in respect of Serial No.32, 35 and 36 in Respect of Sy.No.302/1, 302/3 and 292/18 of Vellanki Village of Anandapuram Mandal, pending disposal of the Writ Petition before this Hon'ble Court. Counsel for the Petitioner: SRI DEVI PRASAD MANGALAPURI Counsel for the Respondent Nos.1 to 4: GP FOR ASSIGNMENT (AP) Counsel for the Respondent Nos. 5 to 7: GP FOR REGISTRATION AND STAMPS The Court made the following: *■ APHCOI0959022017 IN THE HIGH COURT OF ANDHRA PRADESH AT AIWIARAVAT! (Specicil Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R F^AGHUNANDAN RAO WRIT PETITION NO: 41673/2017 [3206] Between: P. Satyanarayanamma ...PETITIONER AND ...RESPONDENT(S) The State Of A P and Others Counsel for the Petitioner: 1.DEVI PRASAD MANGALAPURI Counsel for thcj RespondentfS): 1.GP FOR ASSIGNMENT (AP) 2.GP FOR REVENUE (AP) The Court made the following order: Sri B. Tatarao and Three ex-service men - Sri S. Seethayya Sri S. Rajunaidu were allotted lands admeasuring Ac.5.0 cents of land in Sy.No.292/18, Ac.5.12 cents of land in Sy.No.302/1 and Ac.4.93 cents of land in Sy.No.302/3 respectively of Vellanki Village of Anandapuram Mandal of Visakhapatnam District. These assignments were made in the year 1969-70. These ex-service men, after cultivating their lands for about 20 years, had entered into agreement of sale with the petitioner herein for selling their lands. As Sri B. Tatarao refused to execute the agreement of sale, the petitioner filed O.S.No.488 of 1994, which came to be settled through an award of the Lok Adalat, dated 20,01.2001. Thereafter, E.P.No.432 of 2001 2. 2 % RRR,J W.P.No.41673of2017 came to be filed and a sale deed was executed in favour of the petitioner. Similarly, O.S.No.489 of 1994 v/as filed against Sri S. Rajunaidu, which also came to be settled and subsequently, a deed of sale, dated 21.12.2002 was executed in favour of the petitioner through the process of Court. The three ex-service men also executed a deed of sale in favour of the petitioner and subsequently, the petitioner became the owner of Ac.15.05 cents of land. The petitioner, after obtaining ownership over the land, had represented to the Revenue Authorities to remove the land from the list of assigned lands. The enquiry, ciDnducted on the basis of this representation, resulted in a report by the Manclal Revenue Inspector, that the lands in question were assigned to ex-service men, but they would continue to be assigned under D-Forrri pattas. Thereafter, the authorities did not take any further step to delete these lands from the purview of Register of Assigned Lands. Apart from this, the said lands were included in the prohibitory list, by way of a notification, issued and published under Form-Ill and Rule-4 of the Rules framed under the A.P.Assigned Lands (F^rohibition of Transfer) Act, 3. 2007. Aggrieved by the action of the Revenue Authorities, in not deleting these lands from the prohibitory list of Assigned Lands, the petitioner has approached this Court, by way of the present Writ F’etition. 4. A learned Slingle Juidge of the erstwhile High Court of Judicature at Hyderabad, for the State of Telangana and for the State of Andhra Pradesh, 5. 3 fT' RRRJ W.P.No.41673of2017 passed an order, dated 29.12.2017. In the said order, the learned Single Judge had taken the view that the repori;s of the Revenue Authorities themselves show that the land was assigned to ex-service men. On this basis the learned Single Judge, after observing G.O.Ms.No.743, Revenue Department, dated 30.04.1963, G.O.Ms.No.l 117, dated 11.11.1993 and G.O.Ms.No.279, dated 04.07.2016, permit ex-service men to sell away their land, after a period of 10 years, from the date of assignment, and that such lands were to be deleted from the prohibitory list under Section 22-A of the Registration Act, without any requirement of obtaining NOC for deletion or for sale of the said land. The learned Single Judge, after noticing these stipulations in the Government Orders, had held that the stand of the respondents, that the land in question would continue to remain in the prohibitory list, as there is a doubt as to whether assignment was made under ex-service men quota, cannot be accepted. On this basis, the learned Single Judge had passed an interim direction, suspending the entries made in the prohibitory list against these lands w/lih a further direction that any documents presented by the petitioner was to be registered in accordance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. The respondents have not chosen to file any counter affidavit and 6. consequently, the averments in the Writ Petition are being accepted. Apart from this, the proceedings of the Ftevenue Authorities, which have been placed before this Court, are sufficient to hold that the lands in question had been assignd to ex-service men. Even if the arguments of the Revenue 4 RRR.J W.P.No.41673 of 2017 Authorities, that the land was assigned under the D-Form pattas, is to be accepted, the fact remains that the land has been assignejd to who would not, by any stretch of imagination, fall within the category landless poor persons. f- ex-service men of 7. In a similar situation, a Division Bench of this Court, by order, dated 02.05.2023, in W.A.Mo.576 of 2022 & W.P.No.45418 of 2018, had held that wherever lands had been assigned to ex-service men, the same shall not be treated as lands assigned to landless poor persons and the format of the patta itself granted to the ex-service men would not, in any manner, categorise such lands as assigned lands which fall within the ambit of the A.P. Assigned Lands Transfer of Prohibition Act, 1977. a common 8. In the circumstances, this Writ Petition is allowed, with a direction to the respondents to delete these lands from the prohibitory list, maintained under Section 22-A of the F^egistration Act, and that the petitioner is free to deal with the lands, including alienation and any document of alienation presented by the petitioner, shall be registered, without reference to entries having been made in the prohibitoi7 list. There shall be no order as to costs. any As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER 1. The Principal Secretary, State of A.P.. Revenue Department Secretariat, Velagapudi, Amaravathi, Guntur District. To, 2. The District Collector, Visakhapatnam, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District. 4. The Tahsildar, Anandapuram Mandal, Visakhapatnam District. 5. The Commissioner and Inspector General of Stamps And Reg., A.P., Vijayawada, Krishna District. 6. The District Registrar, Visakhapatnam, Visakhapatnam District. 7. The Sub-Registrar, Bheemunipatnam, Visakhapatnam District. 8. One CC to Sri Devi Prasad Mangalapuri, Advocate [OPUC] 9. Two CCs to GP FOR ASSIGNMENT (AP), High Court Of Andhra Pradesh. {OUT] Two CCs to GP FOR REGISTRATION AND STAMPS (AP), High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. 11. sree HIGH COURT DATED:02/05/2025 ig 0 5 )UN m <5®/ ^ . Current Section ORDER WP.No.41673 of 2017 ALLOWING THE W.P. WITHOUT COSTS