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2021 DIGILAW 418 (AP)

Chittoordamodar Das v. State of Andhra Pradesh

2021-07-12

M.SATYANARAYANA MURTHY

body2021
JUDGMENT 1. This writ petition under Article 226 of Constitution of India is filed, claiming the following relief: To issue Writ of Mandamus declaring the action of the Respondent No.2 in including the land in an extent of Ac.4-88 cents in Sy.No.1076/1 of Basinikonda Village Fields, Madanapalli Mandal, Chittoor District, in the prohibitory lands list communicated to the Registration Department under Section 22-A(1)(a) of the Registration Act, 1908, and the consequential action of the Respondent No.5 in refusing to entertain the Sale Deeds for registration referring to the same as arbitrary, illegal, colorable exercise of power and contrary to the procedure envisaged under the provisions of the Registration Act, 1908, G.O.Ms.No.279 Revenue (ASSN.1) Department dated 04.07.2016 and well established legal principles apart from being violative of fundamental and Constitutional rights guaranteed to us under Articles 14,19, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.5 to entertain the Sale Deeds for registration for the land in an extent of Ac.4-48 cents in Sy.No.1076/1 of Basinikonda Village Fields, Madanapalle Mandal, Chittoor District by setting aside the prohibitory lands list furnished by the Respondent No.2 under Section 22-A(1)(a) of the Registration Act 1908. 2. One Chittoor Das, born on 07.06.1922 participated in Quit India Movement in the year 1942 and suffered imprisonment. 3. Thereafter, he worked as Congress Worker and Organizer, Chakra Sangham, Madanapalle, Chittoor District. Whileso, he was assigned land of an extent of Ac.4-848 cents in Sy.No.1076/1 of Basinikonda Village Fields, Madanapalle Mandal, Chittoor District (hereinafter referred as ‘subject lands’) vide proceedings in R.Dis.10130/56 dated 13.05.1956 issued by the third respondent. 4. In pursuance of the same, D-Form patta was issued on 17.05.1956 under Political Sufferers Quota. Thereafter, Chittoor Das brought the subject land into cultivation and the same was in his possession and enjoyment without interference from anyone muchless, Respondent Nos. 2 to 4. Further, having recognized the possession and enjoyment of Chittoor Das, his name was mutated the revenue and issued Pattadar Passbook and Title Deeds. 5. Whileso, Chittoor Das was elected as Member of Parliament twice from Tirupati Parliamentary Constituency for the period from 1962 to 1967 and from 1967 to 1971. Further, Chittoor Das was also nominated as a Board member of Tirumala Tirupati Devasthanam for the period from 1963 to 1966. 6. 5. Whileso, Chittoor Das was elected as Member of Parliament twice from Tirupati Parliamentary Constituency for the period from 1962 to 1967 and from 1967 to 1971. Further, Chittoor Das was also nominated as a Board member of Tirumala Tirupati Devasthanam for the period from 1963 to 1966. 6. The petitioner further submits that, Chittoor Das died intestate on 18.10.1998 and the subject land devolved upon the petitioners, who are his legal heirs. As the petitioners are residing at different places, they decided to alienate the subject land in favour of third parties and approached Respondent No.5 on 07.04.2021 for presentation of a document for registration. Whereas, Respondent No.5 refused to entertain the sale deed for registration stating that as per the list communicated by Respondent No.2, under Section 22-A(1)(a) of the Registration Act, the subject land is included as assigned land and the document cannot be entertained for registration. 7. The petitioner submits that, the second respondent instead of deleting the subject land, which has been assigned in favour of Chittoor Das under political sufferer Quota, from the prohibitory lands list under Section 22-A(1)(a) of the Act, included the same as assigned land in the prohibitory lands. In view of inclusion of the subject land in the prohibitory list of lands list under Section 22- A(1)(a) of the Act, the fifth respondent is not entertaining the Sale Deeds for registration for the same referring to the prohibitory lands list communicated by the second respondent. Hence, the petitioners filed the present writ petition claiming the relief as stated above. 8. The learned Assistant Government Pleader for Revenue, contended that in view of G.O.Ms.No.279 dated 04.07.2016, certain guidelines were issued, in view of the said guidelines, no objection certificate is not required, for sale of property assigned to Ex-service man. As per G.O.Ms.No.279, dated 04.07.2016, the Government clarified in sixth para of G.O as follows: “Accordingly, Government after careful examination of the matter, issue the following orders in supersession of the orders issued in G.O.Ms.No.307, Revenue (Assn.I) Department, dt.06.06.2013 (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. 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. (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. (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.” 9. In view of guidelines in G.O.Ms.No.279 dated 04.07.2016, no objection certificate is not required for sale of land, assigned to Ex-service man and freedom fighters. However, District Collector, Chittoor District/2nd respondent herein is directed to take immediate steps to complete the process of issuing no objection certificate, to enable these petitioners to execute registered sale deed(s) and delete the property from prohibitory property list under Section 22-A(1)(a) of the Registration Act, forthwith in view of G.O.Ms.No.279 Revenue (Assignment-I) Department dated 04.07.2016 and G.O.Ms.No.575 Revenue (Assignment-I) Department dated 16.11.2018. 10. With the above direction, the writ petition is disposed of. There shall be no costs. 11. Consequently, miscellaneous applications pending if any, shall also stand dismissed.