TAVVA NAGAMANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, an octogenarian and wife of a freedom fighter, filed the present writ petition inter alia aggrieved by the action of the respondents in refusing to entertain the sale deed dtd. 26/9/2022, for registration of land of an extent of Ac.1.03 cents situated in Sy.No.876/4A and 4B of Vodarevu, Epurupalem Revenue village, Chirala Mandal and not removing the said land from the prohibited properties list under Sec. 22-A of the Registration Act, 1908 (for short "the Act") as illegal, arbitrary, contrary to G.O.Ms.No.279, dtd. 4/7/2016 etc., and for consequential directions.

(2.) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.

(3.) Learned counsel for the petitioner inter alia submits that the petitioner's husband one Sri Tavva Sreeramulu participated in the freedom movement in the year 1942 and recognizing the same, the Government of India granted benefits vide Freedom Fighters Pension Proceedings No.112/179/88-FF.S2, dtd. 21/4/1989. He submits that the petitioner's husband was assigned land of an extent of Ac.1-03 cents vide D-Form Patta (EX.P1), dtd. 27/10/1989, and his name was mutated in the revenue records. He further submits that the petitioner's husband died on 22/12/2001. Since then, the petitioner has been in peaceful possession and enjoyment of the land and when she sought to register the sale deed, the 8th respondent refused to entertain the same stating that the subject matter land has been placed in the prohibited properties list. Drawing the attention of this Court to G.O.Ms.No.1045, dtd. 15/12/2004 (Ex.P8), wherein the Government issued orders permitting the assignees, in whose favour the land is assigned under Freedom Fighters quota, to sell the assigned land after expiry of 10 years from the date of assignment; as also orders in G.O.Ms.No.279, dtd. 4/7/2016 (Ex.P9), directing the District Collectors to delete the land, which is assigned in favour of Freedom Fighters and Ex-Servicemen from the prohibited lands list, he submits that in the light of these Government Orders, the action on the part of the respondent authorities in not registering the subject matter land and not deleting the same from the prohibited lands category list is unjust, illegal, arbitrary and unsustainable.