APHC010513292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 26797/2025 Between: 1. BASIREDDY RAMAKRISHNA REDDY, S/O B.P. RAMALINGA REDDY, AGED 65 YEARS, OCC EX-SERVICEMAN AND AGRICULTURE, TEMPORARILY RESIDING AT APPALAVANDIA PALLI, BANDLAPALLI POST, KOTHACHERUVU MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P.SECRETARIAT, AMARAVATI, GUNTUR DISTRICT - 522 238 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, PUTTAPARTHI, SRI SATYA SAI DISTRICT-515 134 3. THE SUBREGISTRAR, CHILAMATHUR, SRI SATYA SAI DISTRICT - 515 341 4. THE TAHSILDAR, CHILAMATHUR MANDAL, CHILAMATHUR, SRI SATYA SAI DISTRICT - 515341 ...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 order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not deleting the land to an extent of Ac.3.10 cents in Sy.No.207-2B Ac 1.50 cents in Sy.No.207-2C and an extent of Ac 0.35 cents in Sy.No.207-4, total an 2 extent of Ac 4.95 cents in Chilamthur Village and Mandal, Sri Sathya Sai District, from the prohibitory list published under Section 22A (1) (a) of the A.P. Registration Act, 1908 as being illegal, highhanded, violative of G.O.Ms.No.279 Revenue (Assn.I) Department dated 04.07.2016 and CCLAs Circular in Lr.No.Assn.l(1)/350/2022 dated 04.05.2022 and unconstitutional and consequently direct the respondent nos2 and 3 to delete the land to an extent of Ac.3.10 cents in Sy.No.207- 2B Ac 1.50 cents in Sy.No.207-2C and an extent of Ac 0.35 cents in Sy.No.207-4, total an extent of Ac 4.95 cents in Chilamthur Village and Mandal, Sri Sathya Sai District, from the prohibitory list published under Section 22-A (1) (a) of the Registration Act, 1908 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 pleased to direct the 2nd respondents to take action in terms of G.O.Ms.No.279 Revenue (Assn.l) Department dated 04.07.2016 and CCLA’s Circular in Lr.No.Assn.1(1)7350/2022 dated 04.05.2022 and pass Counsel for the Petitioner: 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 26797 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not deleting the land to an extent of Ac.3.10 cents in Sy.No.207-2B; Ac.1.50 cents in Sy.No.207-2C and an extent of Ac.0.35 cents in Sy.No.207-4, total an extent of Ac.4.95 cents in Chilamthur Village and Mandal, Sri Sathya Sai District from the prohibitory list published under Section 22A (1) (a) of the A.P.Registration Act, 1908 as illegal”. 2. The learned counsel appearing on behalf of petitioner has submitted that the petitioner was granted assignment patta under ex- servicemen quota in the year 2003. Initially, the Government has issued G.O.Ms.No.1117, Revenue (Assignment.I) Department, dated 11.11.1993 for alienation of assignment patta granted in favour of ex-servicemen and political sufferers with certain conditions. The said conditions were modified subsequently in G.O.Ms.No.307, Revenue (Assignment.I) Department, dated 06.06.2013 and G.O.Ms.No.279 Revenue (Assignment.I) Department, dated 04.07.2016 and subsequently the office of the Chief Commissioner of Land Administration vide Circular in Lr.No.Assn.I (1)/350/2022 dated 04.05.2022 has issued certain guidelines for consideration and 4 granting of NOCs to the assigned lands pertaining to ex-servicemen and political sufferers. According to the said circular, clause 11 deals with requirement of grant of NOC to the assigned lands which reads as follows: 11. NO NOC REQUIRED TO SELL ASSIGNED LANDS AFTER TEN YEARS: The Government have issued orders vide G.O.Ms.No.279, Revenue (Assignment.I) Department, dated 04.07.2016 dispensing with the procedure of issuing NOCs that “there shall be no need for obtaining NOC in all cases of assignment of Ex-servicemen in which a period of 10 years has been expired and there is no dispute on the land with the Government” • The lands assigned to Ex-Servicemen may be kept in separate annexure in 22(A) (1) with date of assignment certified by the District Collector, with a clause that all the assigned lands to Ex- Servicemen shall stand withdrawn from 22(A) (1) list on completion of 10 years of Assignment. This will obviate the need for NOC to sell the lands assigned under Ex-servicemen category. • If there is any explicit dispute over the genuinity of the assignment itself, or the genuinity of the ex-servicemen, the District Collector shall address the Registration Department., separately not to entertain any registration on the said lands. • A provision may be made in webland to ensure that the lands assigned to Ex-Servicemen are deleted from assigned category after 10 years of assignment. 3. The learned counsel for the petitioner has made the submissions based on clause 3 to 11 of Circular in Lr.No.Assn.I (1)/350/2022 dated 04.05.2022. According to the same, there is no requirement of making an application for NOC. In fact, after completion of 10 years, they are automatically entitled for alienation 5 if the lands are assigned under the category of ex-servicemen. Apart from that, in the instant case, the petitioner has also made an application for grant of NOC and based on his application, the Revenue Divisional Officer has also conducted an enquiry and submitted a report to the District Collector vide letter dated 25.08.2025. Despite receipt of the said report, the District Collector has not passed any order removing the petitioner’s land from Section 22A (1) (a) of A.P. Registration Act, 1908. 4. Despite granting time, the respondents are not able to file their counters. As the writ petition is filed only questioning the inaction of the respondents, this Court is inclined to dispose of the writ petition, without going into the merits of the case, directing the 2nd respondent to consider the report submitted by the Revenue Divisional Officer, Penugonda dated 25.08.2025 and pass appropriate order as per the Circular in Lr.No.Assn.I (1)/350/2022 dated 04.05.2022, within a period of four (4) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:05.11.2025 SJ 6 148 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 26797 of 2025 05.11.2025 ssjj