T.BALAJI Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-11-40
HIGH COURT OF ANDHRA PRADESH
Decided on November 21,2019

T.Balaji Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.)The petitioner seeks a writ of Mandamus declaring the action of the 4th respondent in declining to receive and accept the sale deed presented by the petitioner in respect of land in an extent of Ac.4.89 cents in S.No.885 of Amarapuram Village Polam, Amarapuram Mandal, Anantapur District as arbitrary and violation of G.O.Ms.No.575 Revenue (Assignment-I) Department dated 16.11.2018 and for consequential direction.
(2.)The petitioner's case, briefly, is that he is the owner of Ac.4.89 cents of land in S.No.885 of Amarapuram village. Originally, an extent of Ac.6.11 cents of land in S.No.885 of Amarapuram village is assigned to one Pujari Cholaiah vide proceedings in D.A.Dis.No.199/46 dated 15.06.1937 under DC quota and after his death, his legal representatives sold the land to T.Thimmaiah under a registered sale deed dated 11.01.1984 and after his demise the property is devolved on his wife namely, Usha Devi and the petitioner purchased an extent of Ac.5.70 cents of land under a registered sale deed dated 11.03.2013. Thereafter, the petitioner sold some extent in the same survey number in the year 2017 by way of registered sale deed. Now he wants to sell the remaining extent and therefore, he entered into an agreement of sale on 01.11.2019 and when himself and the purchaser approached the 4th respondent, he refused to receive and register the document on the ground that the land in question is assigned land and therefore, the petitioner has to obtain NOC. The petitioner claims that there is no prohibition for sale of assignment land after a period of 10 years of assignment and in fact, he already sold some extent in the year 2017.
(3.)Heard the learned counsel for the petitioner and learned Government Pleader for Stamps and Registration representing the respondents.
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