Andhra Pradesh High Court - Amravati
Gudla Appalakondamma vs State Of Andhra Pradesh on 22 July, 2022
Author: D.Ramesh
Bench: D.Ramesh
1
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.21973, 21915 and 21944 of 2022
COMMON ORDER:
Since the subject matter of all these writ petitions is one and the same, the writ petitions are taken up together and being disposed of with a common order.
W.P.No.21973 of 2022:
This writ petition is filed seeking the following reliefs:
" to issue a writ order or direction especially one in the nature of writ of mandamus declaring that
a) The action of the respondents in not issuing pattadar passbooks and title deeds in favour of the petitioner in respect of lands admeasuring Ac.4.00 in Sy.No.350/2 of Mudhurawada Village, Visakhapatnam District is illegal and arbitrary.
b) Further declare that the respondents have no power to keep the land belongs to the petitioner in the prohibition register maintained under Section 22-A of Registration Act and therefore, the same is liable to be deleted.
c) Declare that petitioner is entitled to be given pattadar pass book and title deeds in respect of land admeasuring Ac.4.00 in Sy.No.350/2 of Madhurawada village, Visakhapatnam District in terms of circular issued by CCLA, AP (2nd respondent) in No.ASSN.I(1/350/2022) dated 04-05-2022.
d) Declare that as an absolute owner, petitioner is entitled to alienate the property admeasuring Ac.4.00 in Sy.No.350/2 of Muddurawada Village, Visakhapatnam District to third parties.
e) And pass such order or orders as this Hon'ble court may deemed fit and proper in the circumstances of the case."
W.P.No.21915 of 2022:
This writ petition is filed seeking the following reliefs:
" to issue a writ order or direction especially one in the nature of writ of mandamus declaring that
a) the action of the respondents in not issuing pattadar passbooks and title deeds in favour of the petitioner in respect of lands 2 admeasuring Ac.5.00 in Sy.No. 351/2 of Mudhurawada Village, Visakhapatnam District is illegal and arbitrary.
b) Further declare that the respondents have no power to keep the land belongs to the petitioner in the prohibition register maintained under Section 22-A of Registration Act and therefore, the same is liable to be deleted.
c) declare that petitioner is entitled to be given pattadar pass book and title deeds in respect of land admeasuring Ac.5.00 in Sy.No.351/2 of Madhurawada village, Visakhapatnam District in terms of circular issued by CCLA, AP (2nd respondent) in No.ASSN.I(1/350/2022) dated 04-05-2022.
d) Declare that as an absolute owner, petitioner is entitled to alienate the property admeasuring Ac.5.00 in Sy.No.351/2 of Muddurawada Village, Visakhapatnam District to third parties.
e) And pass such order or orders as this Hon'ble court may deemed fit and proper in the circumstances of the case."
W.P.No.21944 of 2022:
This writ petition is filed seeking the following reliefs:
" to issue a writ order or direction especially one in the nature of writ of mandamus declaring that
a) the action of the respondents in not issuing pattadar passbooks and title deeds in favour of the petitioner in respect of lands admeasuring Ac.3.00 in Sy.No. 351/1 of Mudhurawada Village, Visakhapatnam District is illegal and arbitrary.
b) Further declare that the respondents have no power to keep the land belongs to the petitioner in the prohibition register maintained under Section 22-A of Registration Act and therefore, the same is liable to be deleted.
c) declare that petitioner is entitled to be given pattadar pass book and title deeds in respect of land admeasuring Ac.3.00 in Sy.No.351/1 of Madhurawada village, Visakhapatnam District in terms of circular issued by CCLA, AP (2nd respondent) in No.ASSN.I(1/350/2022) dated 04-05-2022.
d) Declare that as an absolute owner, petitioner is entitled to alienate the property admeasuring Ac.3.00 in Sy.No.351/1 of Muddurawada Village, Visakhapatnam District to third parties.
e) And pass such order or orders as this Hon'ble court may deemed fit and proper in the circumstances of the case."3
2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue, appearing for the respondents.
3. The petitioners in the above writ petitions, after demise of their husbands, are in continuous possession of the subject properties and made applications dated 04.08.2006 to the Tahsildar for issuance of No-Objection Certificate for their respective subject lands. However, the authorities informed that certain portion of their lands was handed over to the Visakhapatnam Urban Development Authority (VUDA) for the public purpose. In the said circumstances the petitioners requested the Tahsildar either to give NOC or to supply the copies of the proceedings where by the land was entrusted to VUDA. Since the petitioners have not received any reply, after waiting for sufficient time, they have approached this court by filing Writ Petitions. However, on the advice of their counsel, they have settled the matter before Lok Adalath and the writ petitions were disposed of, by permitting the petitioners to file a fresh representation to the respondents, for redressal of their grievance and if any such representation is submitted, the same shall be considered and appropriate action be taken strictly in accordance with law within three months thereafter. Accordingly awards are passed.
4. In pursuance of the said order passed by the National Lok Adalat, petitioners herein filed a fresh representations in the year 2020 to the District Collector, Visakhpatnam District and to the Sub-Registrar, Madhurawada but the same were not considered by the respondent authorities. Hence, the petitioners 4 again approached this Court by filing writ petition Nos.14529, 15292, 14481 of 2020 and the same were disposed of, directing the respondents to pass speaking orders according to law, on the representations submitted by the petitioners within one month from the date of receipt of copy of the order. Despite said orders, the respondent have not passed any orders so far.
5. Contention of the petitioners in these writ petitions is that the petitioners' husbands were ex-service men and being eligible for assignment to Jawans after demobilization, they were assigned the respective subject lands under the G.O.Ms.No.743,, dated 30.04.1963. The Government subsequently issued G.O.Ms.No.1117, dated 11.11.1993 giving permission to alienate the said properties, after completion of ten years with certain conditions. Hence, the husbands of the petitioners were entitled to alienate the lands and there cannot be any prohibition the petitioners to alienate the same. Furthermore, on the representation of the public, the government finally passed G.O. Ms.No.279, dated 04.07.2016 relaxing the conditions imposed in the earlier G.O.Ms.No.1117, dated 11.11.1993.
6. Learned counsel for the petitioners submitted that subsequent to the above G.Os., based on the queries raised by the different revenue authorities, recently the Chief Commissioner of Land Administration (CCLA) has issued circular, vide letter No.ASSN.I(1)/350/2022 dated 04.05.2022, which clearly indicates the instructions/ guidelines regarding the assignment to the Ex-Service men/serving soldier and deletion of the lands from the list of Prohibited properties under Section 22- 5 A(1) of Registration Act, according to the said circular, guideline Nos.5, 8, 12 to 14 are relevant to the present cases. He further submits that the petitioners also made Spandana application on 23.01.2022 and 23.05.2022 and sought a direction to the respondents to consider the same.
7. Learned Government Pleader for Revenue submitted that the authorities would consider the applications made by the petitioners, within a reasonable time.
8. Considering the submissions made, on perusal of the material on record and in view of the guidelines issued by the CCLA, these writ petitions are disposed of. The 3rd respondent- District Collector is directed to consider the Spandana applications made by the petitioners on 23.01.2022 and 23.05.2022 respectively and pass appropriate orders as per the record, based on the guidelines issued by the CCLA, within a period of two (02) months from the date of receipt of copy of the order. No costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
________________________ JUSTICE D.RAMESH Date : 22.07.2022 Pnr 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.21973 , 21915 and 21944 OF 2022 Date: 22-07-2022 Pnr