Andhra Pradesh High Court - Amravati
Palvancha Ramaiah vs The State Of Ap on 25 March, 2025
APHC010090472025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY FIFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 4783/2025
Between:
Palvancha Ramaiah ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SREE DEEPTHI G
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR REGISTRATION AND STAMPS
The Court made the following:
2
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 4783/2025
ORDER:
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 2nd respondent in not deleting the petitioner's land admeasuring an extent of Ac.5.00 cts in Sy.No.142/1 of Akkemgundia Revenue village, Sri Avadutha Kasinayana Mandal, from the prohibited list under 22-A(1)(a) of Registration Act, 1908 as illegal, arbitrary and contrary to G.O.Ms.No.279, Revenue (Assigned-I) Department, dated 04.07.2016 and also Circular issued by the Chief Commissioner of Land Administration Vide CCLA's Lr.No.Assn.l(1)/350/2022, dated 04.05.2022 and also violation of Article 300-A of Constitution of India and consequently direct the 2nd respondent to delete the subject land to an extent of Ac.5.00 cts in Sy.No.142/1 of Akkemgundia Revenue village, Sri Avadutha Kasinayana Mandal, from the prohibited list under 22-A(1)(a) of Registration Act, 1908 and pass such other order.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
3. Learned counsel for the petitioner submits that the land admeasuring to an extent of Ac.5.00 cents in Sy.No.142/1 of Akkemgundla Revenue Village, Sri Avadutha Kasinayana Mandal, YSR Kadapa District was assigned to the petitioner under Ex- servicemen quota vide DKT patta dated 10.08.2004. Since, then the petitioner has been in peaceful possession and enjoyment of the 3 subject property. While things stood thus, the subject property of the petitioner was put in the prohibited properties list. The petitioner made an application dated 09.10.2023 through Mee-seva seeking for deletion of the subject land from the prohibitory properties list.
4. Learned counsel for the petitioner further submits that in similar circumstances, this Court passed an order dated 07.03.2025 in W.P.No.5602 of 2025. The relevant portion of the said order is extracted hereunder:
"No doubt, as per G.O.Ms.No.279 dated 04.07.2016, one of the condition is that the lands assigned to the Ex- Serviceman shall not be sold or otherwise alienated for a period of ten years and the Ex-Serviceman are free to sell away their assigned lands after a period of ten years.
However, 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. As per G.O.Ms.No.279, dated 04.07.2016, the Government clarified in sixth para of G.O as follows:
(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 4 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. In the written instructions furnished by the Tahsidlar, the Tahsildar opined that the grant of assignment made to the petitioner under Ex- Servicemen quota is suspicious and disputed about the genuineness of the assignment. In view of guidelines in G.O.Ms.No.279 dated 04.07.2016, when there is a dispute about the genuineness of the assignment, the property was included in the list of prohibited properties. However, the respondents are directed to complete the contemplated enquiry by the Special Teams, after giving notice and after affording an opportunity of hearing to the petitioner and thereafter pass speaking orders, in accordance with law, within a period of four (04) months from the date of receipt of copy of this order.
With the above direction, the writ petition is disposed of. There shall be no costs."
5. Learned Government Pleader for the respondents furnished written instructions dated 02.03.2025, wherein it is stated as follows:
"The RDO, Badvel has reported that the grant of Assignment made under Ex-Servicemen Quota to the writ petitioner is suspicious. Further, several complaints have been filed by the public alleging that many non residents are in the possession and enjoyment of 5 Government lands by illegal entries made in webland and by way of encroachment. In this regard, 3 special teams consisting Tahsildar, Dy. Tahsildar, V.R.O/V.S., has been constituted vide Ref.No.E/266/2024, dated 11.11.2024 by the Revenue Divisional Officer, Badvel on the allegation raised regarding irregular assignment of Government lands and also illegal entries made in webland and the enquiry is under process. Further, on local enquiry, the subject land is under possession and enjoyment of Sri Munapati Srinivasulu and at present he is cultivating the subject land by raising the Bannana crop.
Further, the RDO, Badvel has reported that, confirmation report has to get from the Zilla Sainik Welfare Officer, Y.S.R. District, Kadapa regarding the genuinity of identify of Serving Soldier/Ex-Serviceman. Hence, detailed enquiry has to be conducted regarding genuinity of issuance of D.K.T. Patta and after getting detailed enquiry, proposals will be submitted to the Higher authorities for redressal of the grievance of the writ petitioner.
It is submitted that, after receipt of detailed report from the Revenue Divisional Officer, Badvel, the claim of the Writ Petitioner i.e., Pulvancha Ramaiah, S/o.Sangaiah, R/o.D.No.67, YSR Nagar, Almasguda, Rangareddy District., Telanagana vide TTA012300113682 dated 09.10.2023 will be disposed off as soon as possible, as per rules in vogue."
5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions 6 furnished by the learned Government Pleader for the respondents and in view of the order passed by this Court in W.P.No.5602 of 2025, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to complete the contemplated enquiry by the Special Teams, after giving notice and after affording an opportunity of hearing to the petitioner and thereafter pass speaking orders, in accordance with law, within a period of four (04) months from the date of receipt of copy of this order.
6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
________________________________ VENKATESWARLU NIMMAGADDA, J 25.03.2025 TPS 7 145 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4783 of 2025 25.03.2025 TPS