HC - For the first time, the Government by G.O.Ms.No.1142, dated 18-6-1954, in respect of Andhra Area, introduced the condition of non-alienability of assigned lands and the assignments made thereafter invariably contained such a condition. Inasmuch as the land was admittedly assigned prior to the year 1942 and in the absence of any record to show that such assignment contained the condition of non-alienability, it is not permissible for the respondents to presume the existence of such a condition and refuse registration of the land


IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
 *THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
+W.P.No.17865 of 2010
% 29-11-2010
# P.V. Rajendra Kumar s/o.P.C. Narappa
and another                                                                                         .. Petitioner

and

$ Government of Andhra Pradesh,
represented by its Secretary,
Revenue Department,
Secretariat BuildingsHyderabad
and others                                                                                           .. Respondents




! Counsel for petitioners :  Sri P.R. Prasad
  
^ Counsel for respondents :  Assistant Government Pleader for Revenue

 Between :
P.V. Rajendra Kumar s/o.P.C. Narappa
and another                                                                                         .. Petitioner

and

Government of Andhra Pradesh,
represented by its Secretary,
Revenue Department,
Secretariat BuildingsHyderabad
and others                                                                                           .. Respondents

  

Counsel for petitioners :  Sri P.R. Prasad

Counsel for respondents :  Assistant Government Pleader for Revenue


The court made the following :

ORDER:
            This Writ Petition is filed for a mandamus to declare the action of respondent No.5 in refusing to receive and register the documents proposed to be presented by the petitioners as illegal and arbitrary.
            The petitioners claim that they are the owners of Ac.3-93 cents covered by Sy.No.252/1 of Bukkaraya Samudram Village and Mandal, Ananthapur District. It is their pleaded case that the said land is part of Ac.10-75cents which was alienated by one Neeruganti Yerranna in favour of Smt.Rukmini Tayaramma under registered sale deed dated 25-7-1942; that her son Ramachandra Rao succeeded to the said property and on his death the same devolved upon one Kranthi Swaroop Kumar; that they have purchased the extent of Ac.3-93 cents from out of the said land from the last reputed owner and the property was mutated in their name and pattadar pass books and title deeds were issued; that when the petitioners proposed to sell the said land and sought to present the sale deeds, respondent No.5 insisted on no objection certificate from respondent No.4 and he refused to receive the documents on the ground of the petitioners’ failure to produce such no objection certificate.
            In the counter affidavit filed by respondent No.4, it is inter alia stated that the land in question was classified as ‘G.D.’ and the same was assigned to one Neeruganti Yerranna alias Kondappa prior to 1942.  The subsequent sale transactions referred to by the petitioners have been admitted by the respondents.  It is further averred that though respondent No.4 has submitted proposals to the District Collector for grant of no objection certificate, the Joint Collector has taken an objection stating that it is not reported whether the land was assigned on condition of non-alienability and whether any condition was imposed at the time of assignment and that accordingly the Joint Collector has rejected the proposals and directed to produce evidence of assignment of land prior to 1942.
            The provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, “the Act”) prohibit the transfer of assigned lands.  The term ‘assigned land’ is defined by Section 2(1) of the Act to the effect that the lands assigned by the Government to the landless poor persons under the rules for the time being in force subject to the condition of non-alienation and includes lands allotted or transferred to landless poor persons under the relevant law for the time being in force relating to land ceilings.  In order to attract the bar of registration, the land must be an assigned land within the above mentioned definition. Unless the patta under which the assignment is made contains a condition of non-alienability, such land cannot be treated as assigned land within the provisions of the Act.  It is not the pleaded case of the respondents that the assignment made in favour of Neeruganti Yerranna prior to 1942 contained any condition of non-alienation. The fact that several registered transactions were allowed to take place raises a presumption in favour of absence of such non-alienability.  For the first time, the Government by G.O.Ms.No.1142, dated 18-6-1954, in respect of Andhra Area, introduced the condition of non-alienability of assigned lands and the assignments made thereafter invariably contained such a condition.  Inasmuch as the land was admittedly assigned prior to the year 1942 and in the absence of any record to show that such assignment contained the condition of non-alienability, it is not permissible for the respondents to presume the existence of such a condition and refuse registration of the land.
            For the above-mentioned reasons, the Writ Petition is allowed.  Respondent No.5 is directed to receive the documents that may be presented by the petitioner for registration.  He shall register the documents subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. 
________________________
Justice C.V.Nagarjuna Reddy
Date : 29-11-2010
AM

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