HAMMISETTY BODAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner is an Ex-service man, who worked in Madras Regiment for fifteen (15) years. He made an application to the 4th respondent through proper channel i.e., Zilla Sainik Welfare Officer, SPSR Nellore during the year 1992. The said application was processed and after conducting enquiry, the 4th respondent assigned land to an extent of Ac.3.50 cents in old Sy.No.310/3, new Sy.No.310/3P2 of Poolathoa Village, Doravarisatram Mandal, Nellore District vide proceedings in F.Dis.No.229/1403, dtd. 8/4/1994. It is further case of the petitioner that since the date of assignment, he claims that he is in peaceful possession and enjoyment of the said land by raising seasonal crops. The name oe the petitoner was also mutated in revenue records and he was issued pattadar pass book.

(2.) It is further case of the petitioner, when he intended to sell the subject land, he came to know that the subject land is included in the prohibited properties list issued under Sec. 22- A of Registration Act, 1908. Thereafter, he claims that he made application through Mee seva on 14/10/2021 seeking to delete the subject land from the prohibited properties list. As there was no action from the respondents, he filed writ petition No.5379 of 2022 before this Court, and the same was disposed of by order dtd. 3/3/2022 directed the respondent No.2 to consider the application filed by the petitioner and to pass appropriate orders in accordance with law after conducting due enquiry.

(3.) It is further case of the petitioner that in pursuance of the order passed by this Court, he made a representation dtd. 15/3/2022 to the 2nd respondent. Thereafter, the 2nd respondent called for a report from the respondents and accordingly the 4 th respondent submitted a report dtd. 22/3/2022 recommending to delete the subject land from the list of prohibited properties. After receipt of the said report the 2nd respondent by impugned proceedings dtd. 29/8/2022, rejected the request of the petitioner for deletion of the subject lands from prohibited properties. Questioning the said proceedings dtd. 29/8/2022 issued by the 2nd respondent, the present writ petition is filed.