ANDE NARASIMHA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.3 and 6, in not receiving the document sought to be presented by the petitioner for registration in respect of Acs.5-00 of land in Survey No.356/2 of Desapatrunipalem Village, Parawada Mandal, in Visakhapatnam District, as illegal and arbitrary.

(2.) The petitioner is an ex-serviceman, who was granted a DKT patta in respect of the abovementioned land. On 25-01-1993, when the petitioner sought to sell the said land and presented sale deed for registration, respondent No.6 refused to receive the same on the ground that the same is covered by a DKT patta containing prohibition on transfer of the land. Feeling aggrieved by the said action, the petitioner filed the present Writ Petition.

(3.) In support of his plea that he is entitled to transfer the land in question, 10 years after the assignment was made, he has placed reliance on GO.Ms.No.1117, dated 11-11-1993. A perusal of the said GO shows that the State Government has earlier issued GO.Ms.No.743, Revenue (B) Department, dated 30-04- 1963, whereunder conditions were framed for assignment of the lands in favour of ex-service men. One such condition was to the effect that the lands assigned shall not be sold or otherwise alienated for a period of 10 years. In order to clarify the said condition, the State Government issued GO.Ms.No.1117, dated 11-11-1993, whereunder G.O.Ms.No.743, dated 30-04-1963, was modified and a positive condition was incorporated to the effect that the ex-servicemen are free to sell away their assigned lands after a period of 10 years. In other words, the condition, which was in the form of prohibition against alienation for a limited period of 10 years was modified by incorporating a positive condition by permitting sale of lands of ex-servicemen on the expiry of 10 years period after assignment. Thus, the purport of both the GOs is the same though the form in which the condition was incorporated varied.