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2025 DIGILAW 890 (AP)

K. C. Nagarjuna Reddy, S/O. K. C. Krishna Reddy v. State of Andhra Pradesh, Revenue department, Secretariat, Velagapudi, Amaravathi, Guntur District.

2025-07-29

T.C.D.SEKHAR

body2025
ORDER: T.C.D.SEKHAR, J. 1. The present writ petition is filed questioning the order dated 03.08.2021 passed by the 2nd respondent whereunder the request of the petitioner to delete the land admeasuring an extent of Ac.2.90 cents in Sy.No.2-1A/2 of Edulaballapuram Village, Somandepalli Mandal, Sri Satya Sai District was rejected. 2. It is the case of the petitioner that he entered into agreement of sale with his Sri D.K. Nagaraju in respect of subject land. Thereafter, he approached the 5 th respondent for registration to which an objection was taken to entertain registration by stating that the subject land is assigned land. It is further case of the petitioner questioning the said action, he filed writ petition W.P.No.14926 of 2020 before this Court and after hearing the parties by order dated 22.12.2020 disposed of by granting liberty to the petitioner to make an application to the 2nd respondent for deletion of the subject lands from prohibited properties list in terms of G.O.Ms.No.575, dated 16.11.2018. 3. It is further case of the petitioner that, pursuant to the order passed by this Court he made an application to the 2nd respondent, but the same was kept pending and in those circumstances the petitioner filed a Contempt Case No.1234 of 2021. It is further stated after the contempt case is filed the 2 nd respondent passed the impugned order dated 03.08.2021 rejecting the application of the petitioner. On the ground that the subject land was not assigned prior to the year 1954. Aggrieved by the said order the present writ petition is filed. 4. On the other hand the 2nd respondent filed counter affidavit reiterating the impugned order and submitted that as per the original DA file No.321/38, it is noticed that the same does not reflect the Sy.No.2-1A2 which is the subject matter in the present writ petition. It is further stated that there is no proof of assignment with respect to the subject survey number and as per Record of Holdings (1933 to 1955), the subject land is classified as Annadeenam (assessed waste) and by placing reliance on the same it is stated that the land was never assigned till 1955. 5. Heard counsel for the petitioner and learned Assistant Government for Revenue. 6. Perused material available on record. 7. 5. Heard counsel for the petitioner and learned Assistant Government for Revenue. 6. Perused material available on record. 7. The counsel for the petitioner strenuously contended that the subject land was assigned prior to 1954 and therefore in terms of G.O.Ms.No.575, dated 16.11.2018, the subject land has to be deleted from the list of prohibited properties. In support of his contention, he places reliance on order passed by this Court in W.P.No.19325 of 2013 , which was filed by one Smt.S.K. Kalyani in respect of 2-1A/2 of Edulaballapura Village, Somandepalli Mandal, Ananthapuram District. The said writ petition was filed questioning the action of the Sub Registrar, Penukonda in not entertaining the document presented by her in respect of the said survey number. The Government Pleader for Revenue placed instructions dated 04.07.2013 furnished by the Tahsildar whereunder it is stated that the subject land was classified as Government Land in revenue records and the same was assigned to one Sannayappa vide proceedings No.321/1338, dated 01.10.1929. Based on the instructions submitted by the Tahsildar, the writ petition is disposed of by order dated 05.07.2013, directing the Sub Registrar to receive and process the document presented by the petitioner therein in respect of subject land. While disposing of the writ petition, this Court categorically observed that the assignment was made in the year 1929 and therefore the same would not attract the provisions of the AP Assign Lands (Prohibition of Transfers) Act, 1977, as a condition of non alienability was attached to assignments in Andhra area only in the year 1954 and therefore the prohibition envisaged by Section 22-A (1)(a) of Registration Act , 1908 would also have no application. The counsel for the petitioner would further contend that petitioner’s vendor’s preferred the said writ petition in which it is categorically stated the subject land was assigned to one Sri Sannayappa by proceedings No.321/1338, dated 01.10.1929 and therefore by no stretch of imagination it can be construed that the non alienability was attached. It is further submitted that by virtue of the said order the 5 th respondent entertained the registrations in respect of subject land. 8. The counsel for the petitioner would further contend that the Government of Andhra Pradesh issued G.O.Ms.No.201, Revenue (ASSN.I), Dept., dated 05.05.2016, whereunder notified the lands under Section 22-A (1)(e) of Registration Act , 1908. It is further submitted that by virtue of the said order the 5 th respondent entertained the registrations in respect of subject land. 8. The counsel for the petitioner would further contend that the Government of Andhra Pradesh issued G.O.Ms.No.201, Revenue (ASSN.I), Dept., dated 05.05.2016, whereunder notified the lands under Section 22-A (1)(e) of Registration Act , 1908. On perusal of the said notification, the subject land is also included in the list of prohibited properties and on close perusal of the said notification in the remarks column it is clearly noted that “Assigned prior to 1954 without non alienable condition”. From the above, Governmental order also it is clear that the land was assign prior to 1954 therefore the question of including the said land in the prohibited list does not arise. Apart from the same, in view of order passed by this Court in W.P.No.19325 of 2013 , the respondents are precluded from including the subject land in the prohibited properties list. 9. On perusal of the impugned order, the 2 nd respondent did not appreciate the case of the petitioner in its proper perspective and by ignoring order passed by this Court in W.P.No.19325 of 2013 rejected the claim of the petitioner. Further, the impugned order is passed by relying on the reports submitted by the respondent Nos.3 & 4, which do not depict the true facts. 10. For foregoing reasons, the impugned order in R.Dis.E2/3120/2021, dated 03.08.2021 passed by the 2 nd respondent is hereby set aside by directing the said authority to forthwith remove the subject land i.e., an extent of Ac.2.90 cents in Sy.No.2-1A/2 of Edulaballapuram Village, Somandepalli Mandal, Sri Satya Sai District from the prohibited properties list. The 5th respondent is further directed to process, register and release the document in CS.No.3774/2019-P.No.174 of 2019 presented by the petitioner. 11. Accordingly, the writ petition is allowed. No order as to costs. As sequel, pending miscellaneous applications if any shall stand closed.