VAKACHARLA VEERAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) One Vakacharla Veeraiah filed this petition under Article 226 of the Constitution of India questioning the inaction of respondent Nos.1 and 2 in failing to de-notify the land admeasuring Ac.1.80 cents in Sy.No.149 situated in Vykunthapuram village, Amaravati Mandal, Guntur District, from the list of prohibited properties notified under Section 22-A (1) (c) of the Registration Act and to declare the same as illegal, arbitrary and in violation of Article 14, 21 and 300-A of the Constitution of India, consequently direct respondent Nos.1 and 2 to de-notify the said land from the prohibited list of properties and direct respondent No.5 to register the sale deed dated 30.04.2019 bearing P.No.98 of 2019 executed in favour of the petitioner.

(2.) The land admeasuring Ac.1.80 Cents in Sy No. 149 situated in Vykunthapuram village, Guntur District, Amaravati Mandal, (for short "subject property") was the ancestral property of one Mr. Bandhaviramam Narayana and his family members, and the subject property was allotted to them as inam, subsequently they obtained ryotwari patta in Form VIII on 15/04/1962 under the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short "the Inams Act"). The ancestors of Bandhaviramam Narayana partitioned their property, executed registered a partition deed dated 07.08.1973 bearing Doc. No.700/1973. As per the partition deed the subject property was allotted to the share of Mr. Bandhaviramam Narayana who enjoyed the same with absolute rights during his lifetime and after his lifetime, it devolved upon his legal heirs viz. Bandhaviramam Venkata Kumari; Bandhaviramam Nagaraju and Bandhaviramam Manjusha (hereinafter will be referred to as "vendors'). The names of the vendors of the petitioner were entered in the revenue records, issued pattadar passbooks, Form 1B (ROR) and also a Ryotwari Patta under Section 7 of the Inams Act. Thus, the vendors of the petitioner are in possession of the property with absolute rights having inherited the same from their ancestors.

(3.) While the matter stood thus, the State amended Section 4 of the Inams Act vide Act 16 of 2013 ('Inams amendment act') with retrospective effect from 26.11.1956 by introducing a new sub- section (4) to Section 4 - which read as under: