Research › Search › Judgment

Andhra High Court · body

2022 DIGILAW 592 (AP)

C. Linga Reddy v. State of Andhra Pradesh

2022-07-01

D.RAMESH

body2022
JUDGMENT D. Ramesh, J. - This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: '.....to issue a Writ of Mandamus or any other appropriate Writ or Writs Order or Direction declaring the action of Respondents in keeping the property belonging to the petitioner i.e land admeasuring Ac. 1.87 cents in Old S. No. 62/1 (Re S. No 69/1B) situated at Maroor Village Fields, Gollapalli Panchayat, Rapthadu Mandal, Ananthapuram District, in the category of 'Digitally Not Signed' i.e. 'Red Mark' as illegal, arbitrary, without jurisdiction, violative of Art. 300-A of Constitution of India and to consequently direct the Respondents to forthwith delete the above property from the category of 'Digitally Not Signed' and see that the same is kept in the 'Digitally Signed List' forthwith and also not to evict the petitioner from the above land.......' 2. The case of the petitioner is that he is the owner of the subject land having purchased the same through Registered Sale Deed dated 15.06.2021. Originally, the subject land was assigned to one G. Venkataswamy, who is an Ex-Serviceman on 10.01.2009. Since the date of purchase, the petitioner is in possession and enjoyment of the subject property. He was issued pattadar passbook and his name is reflected in revenue records also. In December, 2021, some of the local politicians, approached and pressurized the petitioner to sell the above land. Thereafter, the officials of the 4th respondent visited the subject land in January, 2021 and directed to vacate the land. In February, 2022, on verification of the webland, he noticed that the subject land was kept in the category of 'Digitally not signed' i.e. red mark. As per G.O. Ms. No. 279 dated 04.07.2016, NOC is dispensed with from the authorities for sale of the properties, which were signed to army personnel. After ten years, the vendor of the petitioner purchased the land from G. Venkataswamy, who is an Ex-Serviceman. He also issued a notice to the 4th respondent on 20.01.2022 requesting to delete the subject land from 'Digitally not signed' i.e. red mark. The District Registrar also deleted this land from the list maintained under Section 22-A of the Registration Act. Questioning the action of the respondents in marking the subject land with Red Colour, without issuing any notice or opportunity before taking decision, the present writ petition is filed 3. The District Registrar also deleted this land from the list maintained under Section 22-A of the Registration Act. Questioning the action of the respondents in marking the subject land with Red Colour, without issuing any notice or opportunity before taking decision, the present writ petition is filed 3. The only grievance of the petitioner is that the subject property of the petitioner is kept under disputed land register. Keeping the property in disputed register is not in quarrel. 4. On the other hand, learned Assistant Government Pleader for Revenue submitted that, since the dispute is pending before the competent court, the property is kept in the disputed land register. He has drawn attention of this Court to Rule 9(1)(iv) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989, where the Recording Authority shall not pass any order for the change of registry or splitting of joint pattas, unless the recording authority is satisfied that the change of registry or splitting of joint patta is not in contravention of any of the provisions of: (1) The Andhra Pradesh and Reforms (Ceiling on Agricultural) Holdings Act, 1973 (Act 1 of 1973); (2) The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976); (3) The Andhra Pradesh Assigned Land (Prohibition of Transfers) Act, 1977 (9 of 1977). 5. In view of Rule 9(1)(c)(ii) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989, in respect of cases falling under Rule 9(1)(a)(i), the Mandal Revenue Officer shall hold a summary enquiry as to who has the right to succeed to the property of the deceased registered holder, according to the principles of the Law of Succession which govern the case and give notice to all persons known or believed to be interested to the effect that the registry will be made in the name of the person found to be entitled, unless a declaration is filed, within three months from the date of the notice, by any person objecting to the registry, stating that he has instituted a suit in a Civil Court to establish his superior title and an authenticated copy of the plaint in the suit is produced. If no declaration is filed, the registry should be made as stated in the notice, at the expiration of three months. If no declaration is filed, the registry should be made as stated in the notice, at the expiration of three months. If a declaration is filed, the result of the suit should be awaited before taking further action. 6. Therefore, the words 'a notice to all persons known or believed to be interested to the effect that the registry will be made' assumes importance in the present case. According to the petitioner, no notice was issued to this petitioner, the respondents also did not dispute the contention of petitioner about failure to issue notice. Therefore, on the ground of violation of procedure prescribed under Rule 9(1)(c)(ii), the order challenged is liable to be set-aside, without further going into the merits of the case. Therefore, placing the property of this petitioner in disputed register without following the procedure contemplated under Rule 9(1)(c)(ii) is an illegality and the same is liable to be set-aside. Hence, on the ground of violation of Rule 9(1)(c)(ii), the order placing this petitioner's property in disputed register is hereby set-aside, declaring the action of the respondents as illegal and arbitrary. 7. With the above direction, writ petition is disposed of. There shall be no order as to costs. 8. As a sequel, miscellaneous applications pending, if any, shall also stand closed.