SALE OF ASSIGNED LAND OF EX- SERVICE MEN AFTER 10 YEARS, NOT QUESTIONABLE= The lands that are assigned to Ex-servicemen, however, are treated differently. For all practical purposes, such lands are taken away from the purview of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. The Government issued G.O.Ms.No.1117, dated 11.11.1994, directing that, after expiry of ten years from the date of assignment, the Ex-servicemen shall be entitled to alienate the land assigned to them. In case, ten years have expired from the date of assignment in favour of the vendor’s vendor of the petitioner, the respondents cannot object the alienation made by his vendor.

WP 12971 / 2012

WPSR 68807 / 2012

PETITIONER RESPONDENT M. NAGIREDDI, R.R.DIST.   VS TAHSILDAR, MADANAPALLY & ANO. PET.ADV. : NAGARJUNA REDDY RESP.ADV. : GP FOR REVENUE SUBJECT: STAMPS & REGISTRATION DISTRICT:  CHITTOOR

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

 

WRIT PETITION No.12971 of 2012

 

ORDER:

 

 

One Sri Peddappa was assigned an extent of Ac.0.32 cents of land in Survey No.1333/6 of Pothapolu Village, Madanapally Mandal, Chittoor District, in his capacity as Ex-Serviceman. He, in turn, sold the said property to one Sri Naresh Kumar. The petitioner claims to have purchased the same from Sri Naresh Kumar. He intended to sell the property and claims to have approached the 2^nd respondent with a request to furnish the necessary particulars. His grievance is that the 2^nd respondent is not entertaining the document on the ground that the land in question is an assigned one. Placing reliance upon the orders issued by the Government in G.O.Ms.No.1117, dated 11.11.1993, the petitioner seeks a declaration to the effect that his vendor’s vendor is entitled to alienate the property.

          Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

          Whenever the Government assigns land to the deserving persons, conditions are incorporated prohibiting alienation.  The lands that are assigned to Ex-servicemen, however, are treated differently.  For all practical purposes, such lands are taken away from the purview of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.  The Government issued G.O.Ms.No.1117, dated 11.11.1994, directing that, after expiry of ten years from the date of assignment, the Ex-servicemen shall be entitled to alienate the land assigned to them.  In case, ten years have expired from the date of assignment in favour of the vendor’s vendor of the petitioner, the respondents cannot object the alienation made by his vendor. 

Hence, the writ petition is disposed of, directing that the
2^nd respondent shall entertain and process the document that may be presented by the petitioner, in accordance with law, in case the period of ten years is expired from the date of assignment. There shall be no order as to costs.

The miscellaneous petition filed in this writ petition also stands disposed of.

 

     ______________________

   L.NARASIMHA REDDY,J

Dt:27.04.2012.

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