::1:: APHC010090512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4784/2025 Between: Gori Parti Radha Krishna Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SREE DEEPTHI G Counsel for the Respondent(S): 1. GP FOR REVENUE ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.4784 of 2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ Order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the 2nd respondent in not deleting the petitioner’s land admeasuring Ac.5.00 cents in Sy.No.153/1D of Akkemgundla Revenue Village, Sri Avadutha Kasinayana Mandal from the prohibited list under 22-A(1)(a) of Registration Act, 1908 as illegal, arbitrary and contrary to G.O.Ms.No.279, Revenue (Assigned-I) Department, dated 04.07.2016 and also Circular issued by the Chief Commissioner of Land Administration Vide CCLA’s Lr.No.Assn.I(1) /350/2022, dated 04.05.2022 and also violation of Article 300-A of Constitution of India and consequently direct the 2nd respondent to delete the subject land to an extent of Ac.5.00 cents in Sy.No.153/1D of Akkemgundla Revenue Village, Sri Avadutha Kasinayana Mandal from the prohibited list under 22-A(1)(a) of Registration Act, 1908 and to pass such” 2. It is the case of the petitioner that, petitioner was assigned with land to an extent of Ac.5-00 cents in Sy.No.153/1D of Akkemgundla Revenue Village, Sri Avadutha Kasinayana Mandal, YSR Kadapa District under Ex-servicemen quota and he was granted D-Form Patta vide DKT No.51/1413, dated ::3:: 14.08.2004. Thereafter, the petitioner has been in peaceful possession and enjoyment of the subject property. After conducting re-survey by the revenue authorities in the year 2022, the extent of land of the petitioner was adjusted to Ac.4-91 cents instead of Ac.5-00 cents. Further, the petitioner intended to sell the said property for his financial and family necessities, but the intending purchasers did not come forward to purchase the property on the premise that the land is included in the list of prohibited properties since the land was allotted to the petitioner under ex-serviceman quota and cannot be alienated. Though the petitioner made representations dated 04-07-2023 through Mee Seva seeking to delete the subject land from the list of prohibited properties, no action was taken by the respondents. Therefore, through the present writ petition the petitioner questioned the inaction of respondents in deleting the subject land from the list of prohibited properties. 3. Learned Government Pleader appearing Revenue furnished written instructions dated 24.02.2025 issued by Respondent No.2 – The District Collector, YSR Kadapa District stating that, the 3rd respondent has reported that the writ petitioner is not a resident of Akkemugundla Village of Sri Avadhutha Kasinayana Mandal and neither Assignment patta nor DKT Register is available in their office regarding grant of assignment in favour of the writ petitioner under Ex-serviceman Quota in respect of the land in Survey No.153/1 to an extent of Ac.5.00 cents of Akkemgundla Village. Several ::4:: complaints have been filed by the public alleging that many non residents are in the possession and enjoyment of Government lands by illegal entries made in webland and by way of encroachment. In this regard, the Revenue Divisional Officer, Badvel has issued orders with Ref.No.E/266/2024 for enquiry by constituting the Teams on the allegation raised regarding irregular assignment of Government lands and also illegal entries made in webland and stated that the enquiry is in process. He also submits that, at present the subject land is under possession and enjoyment of Writ Petitioner and enquiry has to be conducted regarding genuinity of issuance of DKT patta under Ex- servicemen category. No doubt, as per G.O.Ms.No.279 dated 04.07.2016, one of the conditions is that the lands assigned to the Ex-Servicemen shall not be sold or otherwise alienated for a period of ten years and the Ex-Serviceman are free to sell away their assigned lands after a period of ten years. However, in respect of cases in which there is a dispute with Government about the genuineness of the assignment patta or otherwise, a list of such cases shall be prepared by District Collector and furnished to Registration Department by following the procedure under Section 22-A. As per G.O.Ms.No.279, dated 04.07.2016, the Government clarified in para-6(iii) of G.O as follows: “(iii) In respect of cases in which there is a dispute with Government about the genuineness of the assignment or otherwise a list of such cases shall be prepared by District Collector and furnished to Registration Department by following the procedure under Section 22-A. The Sub Registrar shall enter the details of such disputed lands in the online records deleting all other lands in which there is no dispute.” ::5:: 4. Heard learned counsel for the Petitioner and learned Government Pleader for Revenue and perused the material placed on record. 5. In view of enquiry report submitted by the 3rd respondent, the 2nd respondent opined that the grant of assignment itself to the petitioner under Ex-Servicemen category is disputed apart from the genuineness of the assignment. In view of guidelines in G.O.Ms.No.279 dated 04.07.2016, when there is a dispute about the genuineness of the assignment, the property shall be included in the list of prohibited properties. However, the respondents are directed to complete the contemplated enquiry by the Special Teams, after giving notice and after affording an opportunity of hearing to the petitioner and thereafter pass a speaking orders, in accordance with law, within a period of four (04) months from the date of receipt of copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be no costs. Consequently miscellaneous petitions pending, if any, shall also stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt:25.03.2025 Krk ::6:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 192 WRIT PETITION No.4784 of 2025 Dt: 25.03.2025 krk