A V BALAKRISHNA REDDY Vs. DIST COLLECTOR CHITTOOR

JUDGEMENT

(1.) Petitioner seeks a Mandamus declaring the action of the third respondent in refusing to register the documents relating to an extent of Acs.1 .50 cents of land situated in Sy. No.479/1 of Tirupathi Village as highly illegal, arbitrary and unconstitutional.

(2.) Petitioner states that he is an ex-serviceman. The authorities having satisfied that he is an ex-serviceman assigned patta as per the Board Standing Orders and granted DKT patta No.621/4/1388 on 9-9-1978 and the petitioner was put in possession of the said land. The extent of the assigned land is Acs. 1.50 cents in Sy. No.479/1 of Tirupathi village. It is further stated that the then Tahsildar, Chandragiri, has also given him pass-books according to the Andhra Pradesh Records of Rights Act and he has been paying the Cist. While so, the petitioner in financial difficulty, is unable to procure sufficient funds for the purpose of marriage of his daughter, desired to sell away the land in question, and in fact entered into some understanding with some third parties for some consideration. In pursuit of disposing of the property they (Petitioner and the third parties) approached the Sub-Registrar, third respondent herein for receiving the documents and registering the property in the name of the third parties. The Sub-Registrar, third respondent herein declined to accept the request on the ground that in terms of G.O.Ms. No.743, Revenue, dt. 13-4-1963 lands assigned to ex-serviceman are not alienable. Aggrieved by the said action of the third respondent the present writ petition is filed.

(3.) I have heard the learned Government Pleader for Revenue as also the learned Counsel for the petitioner. The fact that the petitioner is an ex- serviceman is borne out of record as placed before the Court. He is an ex- serviceman and his number is 6992770. According to the rules the ex- serviceman are entitled for assignment of Government lands. Counsel for the petitioner says that in terms of G.O.Ms. No.1117 Revenue (Assignment-I), Department dated 11-11-1993, the petitioner is entitled to sell the property after a period of ten years from the date of assignment. Admittedly, the date of assignment of land in this case seems to be 9-9-1978. In terms of G.O.No.1117, ten years period lapses by 8-9-1988. The embargo imposed in G.O. No.743, dt. 13-4-1963 is no more available pursuant to the G.O. No.1117, dt. 11-11-1993.