APHC0101039S2020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6328 OF 2020 K'fu:- Between: Ghanta Siva Prasad, s/o. Radha Krishna, 56 years. Resident of D.No. 25-12- 19/1, Jhon Street, Narasimharaopet, Eluru, West Godavari District. ...Petitioner AND 1. The State of A.P, rep. by its Pri. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Collectorate Buildings, West Godavari District, Eluru. 3. The Revenue Divisional Officer, Eluru, West Godavari District. 4. The Tahsildar, Pedavegi Mandal, Pedavegi, West Godavari 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus 1) to declaring the action of the respondents treating the lands ir. Sy.No.257/1/A/1 to an extent of Ac. 5.00 and Ac. 1.45 cents in Sy.No.257/1A2 of Jagannadhapuram Village, Pedavegi Mandal, West Godavari District Government land is illegal, arbitrary 2) to declare the Ex-Servicemen are entitled to sell the lands assigned to them after completion 10 in as years as per the policy of Government and consequently direct the respondents to correct the entries in the revenue records, treating the lands in Sy.No. 257/1 A/1 to an extent of Ac. 5.00 and Ac. 1.45 cents of land in Sy.No.257/1A/2 of 3agannadhapuram Village, Pedavegi Mandal, West Godavari District as Private Patta lands. lA NO: 1 OF 2020 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 the respondents not to dispossess the petitioner from the lands purchased by him in Sy.No.257/1A/1 to an extent of Ac. 5.00 cents and Ac. 1.45 cents in Sy.No.257/1 A/2 of Jagannadhapuram Village, Pedavegi Mandal, West Godavari District as Private Patta lands, pending disposal Petition. of the Writ lA NO: 1 OF 2025 Between: The Tahsildar, Pedavegi Mandal, Pedavegi, West Godavari District. ...Petitioner/Respondent AND 1. Ghanta Siva Prasad, s/o. Radha Krishna, 56 years. Resident of D.No. 25-12-19/1, Jhon Street, Narasimharaopet, Eluru. West Godavari District. ...Respondent/Petitioner 2. The State of A.P, rep. by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Collectorate Buildings, West Godavari District, Eluru. 4. The Revenue Divisional Officer, Eluru, West Godavari District. ...Respondents/Respondents 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 vacate the Interim order dated 17-03-2020 passed in W.P.No. 6328 of 2020 and dismiss the writ petition. Counsel for the Petitioner: SRI N SUBBA RAO Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following Order: 6v APHC010103952020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6328/2020 [3505] ■:h Between: Ghanta Siva Prasad ...PETITIONER AND The State of AP and others Counsel for the Petitioner: 1.N SUBBA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) ...RESPONDENT(S) The Court made the following order: The petitioner claims that he has purchased land admeasuring an extent of Ac.5.00 cents in Survey No.257/1A-1 and an extent of Ac. 1.45 cents in Survey No.257/1A-2 of Jagannadhapuram Village, Pedavegi Mandal, West Godavari District by virtue of registered sale deeds, dated 04.04.1996 and 09.01.2004 respectively. It is the specific case of the petitioner that initially the said lands were assigned in favour of ex-service men namely Sri T.Kesava Rao vide proceedings in L.D.NO.215/A/1405, dated 05.01.1986 and in favour of one Sri Durga Rao under ex-service men quota. It is further case of the petitioner that after the purchase made by him, he approached the 4' respondent seeking to issue pattadar passbooks and title deeds and to mutate his name in revenue records. It is further stated that after conducting an enquiry, the 4**^ respondent mutated the name of the petitioner in the revenue records and issued pattadar passbooks and title deeds in his favour as against the said lands. The petitionerfurther claims that since the date of purchase, he is in absolute possession and enjoyment of the said lands without any interruption by raising various crops. 2. Be that as it may, the respondents have included the subject lands under the prohibited properties list issued under Section 22-A of the Registration Act, 1908. Questioning the said action of the respondents, the petitioner approached this Court by filing the present m.m a writ petition on the ground that the subject lands cannot be treated as Government lands inasmuch as per G.O.Ms.No.1117, dated i 11.11.1993, ex-service men are entitle to alienate the subject lands after completion of a period of ten years from the date of assignment. He would further contend that in the instant case, the assignment was made in the year 1986. Therefore, by no stretch of imagination the subject lands can be treated as Government lands, inasmuch as, the purchase made by the petitioner is in tune with the above Governmental order. On the other hand, the 4'^ respondent filed counter affidavit stating that though the assignment was made in favour of the petitioner’s vendor under ex-service men quota, but as on the date of assignment, the classification of the subject lands were not changed from quarry land in Fair Land Record (FLR) of Jagannadhapuram Village. It is further stated in the counter affidavit that the original assignee did not cultivate the land till the year 1996. Counter affidavit further reads that at present the petitioner is in possession of the subject lands without having any valid documents. It is further stated in the counter affidavit that the competent authority to take action in the matter is the District Collector. It is further averred that the steps are being taken for re-classification of the land, so as to allot the same in 3. favour of the eligible beneficiaries towards house sites. With the above contentions, the respondents prayed to dismiss the writ petition. 4 4. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. Perused the material available on record. 5. It is not in dispute that originally the subject lands were assigned in favour of the ex-service men and the same also admitted by the 4^’' respondent in the counter. It is also not in dispute that the petitioner has purchased the subject lands by virtue of registered sale deeds during the year 1996 and 2004. It is pertinent to note that the assignment was originally made during the year 1986 and by virtue of G.O.Ms.No.1117, dated 11.11.1993, the Government has spelt out its intention to sell away the assignment made in favour of the men after completion of ten years. Admittedly, in the instant case, the purchase was made in the year 1996 and 2004. In that view of the matter, as already held by this Court in catena of judgments, the Government cannot claim any right over the land assigned in favour of the ex-service men after the said period is completed. Though it is the case of the respondents that the subject lands were assigned in favour of the ex-service men, the same were not brought into cultivation till 1996 and the nature of the land continued to be recorded ex-service as quarry land in the revenue records. Merely because the classification of the subject lands is not changed from quarry land to AWD etc, the cannot be put against the petitioner inasmuch as the change of entries same in respect of revenue records are exclusively within the domain of the 3 respondents. Further, as rightly pointed out by the learned nd Government Pleader for Revenue, it is for the 2 respondent to conduct enquiry and pass appropriate orders in the matter as to whether the subject lands are assigned in favour of the ex-service men or not. 6. Since the petitioner directly approached this Court by filing the present writ petition, having considered the submissions made by both the parties, this Court feels it appropriate to dispose of this writ petition directing the petitioner to make a representation to the 2"'^ respondent within a period of four weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the 2 nd respondent is further directed to consider the same and pass appropriate orders within a period of six weeks thereafter. It is needless to mention that before passing such order, the 2"*^ respondent shall give opportunity of being hearing to the petitioner. The respondents are further directed not to dispossess the petitioner from the subject lands till appropriate order is passed. 7. With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// F % SECTION OFFICER To, 1. The PrI. Secretary, Revenue Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Collectorate Buildings, West Godavari District, Eluru. 3. The Revenue Divisional Officer, Eluru, West Godavari District. 4. The Tahsildar, Pedavegi Mandal, Pedavegi, West Godavari District. ,..5. One CC to Sri. N Subba Rao Advocate [OPUC] ^6. Two CCS to GP for REVENUE (AP), High Court of Andhra Pradesh.[OUT] 7. Three CD Copies vna . ^ HIGH COURT DATED:18/06/2025 ft I 4Un ?036 I ^ . Current oeciion . ORDER S> X m <3, c« W.P.No.6328/2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS