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M.Appa Rao, v. State of Andhra Pradesh

Andhra Pradesh HC4 Mar 2020WP/4291/2020

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court directed the respondents to delete the petitioner's assigned government land from the prohibitory list under the AP Registration Act and instruct them to mutate his name in revenue records after confirming no dispute existed.

What did the court decide?

Directed respondents to delete subject land from prohibitory list under Section 22-A of the Registration Act, 1908 and mutate petitioner's name in revenue records.

M.Appa Rao, Vs State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION NO.4291 OF 2020

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ORDER:

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This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus , questioning the action of respondents in not implementing the orders of the Government issued under Memo No.LANOLAND/46/Assn.II(1)/2019, dt.27-02-2019 and deleting the land to an extent of Ac.5.00 cents in Sy.No.352/3 of Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District, from the prohibitory lands list published under Section 22-A(1) of the A.P. Registration Act, 1908, and declare the action of respondents as illegal and arbitrary, while directing the respondents to delete the subject land from prohibitory list and mutate the name of petitioner in revenue records.

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It is the case of petitioner that the petitioner is an Ex-serviceman and being landless having no source of income after his retirement from service, he made an application to the Government for assignment of land and the State Government upon perusing all the credentials, assigned Government land measuring Ac.5.00 cents in Sy.No.352/3 of Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District vide D.R.No.436/87, dt.05-06-1978 to the petitioner and since then the petitioner personally cultivating the land and continued in possession till 2000 i.e., almost 22 years. Thereafter, due to scarcity of water and scanty rainfall the land was kept vacant. In the year 2005 the petitioner made an application to the Mandal Revenue Officer for issuance of pattadar pass book and title deed in his favour for the said land. But, the revenue officials did not

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respond on his application. To the surprise of petitioner the some third parties have erected a board in the subject land, claiming it to be their assigned land. Then, the petitioner approached Mandal Revenue Officer once again and enquired about the status of his land and he also made an application under RTI Act. On that, he came to know that the Mandal Revenue Officer, Visakhapatnam Rural unilaterally cancelled the assignment made to the petitioner vide Proceedings in RC.No.99/2001/A, dt.20-01-2002. Prior to such cancellation, no notice was issued to the petitioner and he was not given any opportunity to present his case.

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One Koyya Ramayamma, who claimed to be the wife of an ex-serviceman is claiming the subject land. In fact, the revenue authorities did not grant any assignment to the said person and handed over the land to VUDA. The said fact is admitted by the Mandal Revenue Officer in his proceedings in Rc.No.848/2007 (iii)/A, dt.31-12-2007 issued after due enquiry.

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Thereafter, the 2^nd respondent herein rejected the claim of Koyya Ramayamma vide Endorsement in Rc.No.79/2005/E1, dt.08-12-2014 observing that the D-Form patta produced by the said Ramayamma is fabricated and that no such assignment was made to her. She got filed W.P.No.20342 of 2012 and W.P.No.34450 of 2015 of the file of erstwhile High Court of Andhra Pradesh against the orders passed by the respondents. Although the Court disposed the petitions vide common order dt.20-12-2018, amended on 11-02-2019, the same was set aside in the W.As.No.303, 304 and 301 of 2019, dt.24-12-2019. The Court remanded the matters by setting aside the orders passed earlier and the matters pending.

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The petitioner filed an appeal before the Revenue Divisional Officer i.e., the 3^rd respondent herein against the arbitrary and unilateral cancellation of assignment in favour of the petitioner, dt.20-01-2020. The Revenue Divisional Officer set aside the cancellation order of the Mandal Revenue Officer vide proceedings in D.Dis.No.7544/2013/C, dt.05-11-2016. Since then the land has been in possession and enjoyment of the petitioner.

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It is contended that while setting aside the order of the Mandal Revenue Officer, the 3^rd respondent also submitted proposal to the 2^nd respondent herein to grant NOC in favour of the petitioner and to delete the subject land from the prohibitory list issued under Section 22-A of the Registration Act. The petitioner made several representations to the 2^nd respondent herein seeking issuance of NOC for alienating the subject land as per G.O.Ms.No.1117 Revenue (Assignment) dt.11-11-1993 and also for deletion of the same from 22-A Register. The petitioner has also made an application to issue pattadar pass book and title deed in his favour and to mutate his name in the revenue records. Till date, no such action was taken by the revenue authorities.

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Department,

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Therefore, the petitioner filed W.P.No.39497 of 2017 on the file of High Court and this Court on 05-12-2017 passed the following order:-

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“… the 3^rd respondent (RDO, Visakhapatnam) has passed orders in November, 2016 while setting aside the order dt.20-01-2002 of the 4^th respondent (Tahsildar, Visakhapatnam Rural) and has even advised the 2^nd respondent (District Collector, Visakhapatnam) to consider the desirability of consideration of petitioner’s request to grant NOC for alienating the same, there can be no impediment for the 2^nd respondent to issue NOC and for deleting from the prohibitory list under Section 22-A of the Registration Act, 1908. Therefore, there shall be interim direction as prayed for.”

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The Government vide Memo No.21021/115/2018/REV, dt.07-06-2018 directed the respondents to remove the subject land from the prohibitory list in compliance with the order of the High Court. But, till date no action has been taken by the respondent authorities.

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As per G.O.Ms.No.307, dt.06-06-2013, the Government has the power to issue permission to the District Collector to grant NOC for alienation of assigned lands. In similar cases, the Government directed the District Collector to grant NOCs. Therefore, the petitioner constrained to file appeal before the Government and the 1^st respondent after hearing the appeal on merits, issued Memo No.LANAOLAND/46/Assn.II(1)/2019, dt.27-02-2019, directing the 2^nd and 5^th respondents to take steps to delete the subject land from the list of prohibited properties as per para 6(ii) of G.O.Ms.No.279, dt.04-07-2016. In pursuance of said memo, the petitioner made a representation, dt.06-03-2019 to the 2^nd respondent requesting him to implement the order and also to mutate his name the revenue records.

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The subject land was restored to the petitioner’s possession and enjoyment as per the orders of Revenue Divisional Officer and appellate authority, Visakhapatnam in D.Dis.No.7544/2013/C, dt.Nil-11-2016 and there being no dispute with the Government with regard to the assignment made in favour of petitioner and in spite of Government orders vide Memo dt.27-02-2019, the respondents have not taken any steps to delete the subject land from the list of prohibited properties. Hence, the petitioner requested to declare the action of respondents as illegal and

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arbitrary and consequently direct them to delete subject land from prohibitory list and also mutate the name of petitioner in revenue records including the web land portal.

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Learned counsel for petitioner reiterated the contentions urged in the affidavit filed along with the writ petition. Whereas learned Assistant Government Pleader for Stamps and Registration submitted his written instructions, dt.27-02-2020 stating as follows:-

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“There is prohibition on registration of documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute or State or Central Government lands notified under Section 22-A(1)(a) of the Registration Act, 1908 which envisages that all classes of documents are prohibited from registration.

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The Commissioner and Inspector General (R&S), Andhra Pradesh, Vijayawada vide Circular Memo No.G1/19131/2005, dt.13-04-2018 have issued certain guidelines/procedure in the case of deletion/modification of the prohibited properties list notified under Section 22-A(1)(a) to (d) of the Registration Act, 1908 by the District Collector as follows:-

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“If any deletions or modifications to these list should be sent to the District Registrar of Registration and Stamps Department having jurisdiction over such property under intimation to CCLA, who in turn will furnish the same to the concerned registering officer having jurisdiction over such property for necessary action.”

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If there is no dispute on the land with government, and in

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such cases shall be deleted from the prohibitory property list under Section 22-A of the Registration Act, 1908 by the District Collector

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concerned and furnish the same to the Registration Department by following the procedure under Section 22-A of the Registration Act in case of assignments made to ex-servicemen/freedom fighters as per the instructions issued by the Director and Inspector General (R&S), Andhra Pradesh, Hyderabad vide Memo No.G1/1758/2016, dt.02-08-2016 read with G.O.Ms.No.297 Revenue (Assn.1) Department, dt.04-07-2016.

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In view of the circular instructions of the Commissioner and Inspector General (R&S), Andhra Pradesh, Vijayawada, the District Collector, Visakhapatnam is the competent authority to de-notify the petitioner’s land from prohibited properties list under Section 22-A of the Registration Act, 1908.

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According to G.O.Ms.No.279 dated 04.07.2016:

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(i) The procedure of issuing ‘NOC’ shall be dispense with. There shall be no need for obtaining ‘NOC’ in all cases of assignment of Ex-Servicemen and Freedom Fighters in which a period of 10 years has expired and there is no dispute on the land with the Government.

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(ii) All such cases without dispute shall be deleted from the prohibitory list under Section 22-A of Registration Act, 1908 and furnished to the Registration Department.

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(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 U/s 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.

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When a patta was issued to political sufferers either agricultural land or house sites they are not governed by the provisions of the A.P. Act IX of 1977. In any view of the matter, the alienation is permitted. In terms of G.O.Ms.No.279 dt.04-07-2016 when a patta was granted to ex-servicemen and freedom fighters ‘No Objection Certificate’ shall be dispensed with and the land if any is included in Section 22-A of the Registration Act shall be deleted.

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Hence, in view of G.O.Ms.No.279 dated 04-07-2016 the land in an extent of Ac.5.00 cents in Sy.No.352/3 of Madhurawada Village, Visakhapatnam Rural Mandal, Visakhapatnam District is liable to be removed from the prohibitory list. Accordingly, the respondents are directed to delete the land from the prohibitory list published under Section 22-A of the Constitution of India.

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With the above direction, the writ petition is disposed of, while declaring the action of respondents as illegal and arbitrary, while directing the respondents to implement the orders of Government issued under Memo No.LANAOLAND/46/Assn.II (1)/2009, dt.27-02-2019. There shall be no order as to costs.

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Consequently, miscellaneous petitions, pending if any, shall stand closed.

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_________________________________________ JUSTICE M.SATYANARAYANA MURTHY

Date: 04-03-2020

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.4291 OF 2020

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Date: 04-03-2020

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M.Appa Rao, v. State of Andhra Pradesh

Case brief

What is this about?

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M.Appa Rao, v. State of Andhra Pradesh

Case brief

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