Court Directs Authorities to Remove Assigned Land from Prohibitory List, Reinstate Ownership
In a significant ruling, the Andhra Pradesh High Court has directed state authorities to restore land assigned to an ex-serviceman, M. Appa Rao, and remove it from the prohibitory list under Section 22-A of the Registration Act, 1908. The court found the unilateral cancellation of the land assignment by the authorities to be illegal and ordered compliance with previous government memos and judicial directives.
The petitioner, M. Appa Rao, a senior citizen and former serviceman, was assigned five acres of land in Visakhapatnam district under D-Form patta in 1979. However, the assignment was abruptly canceled in 2002 without notice, citing non-compliance with cultivation conditions. Appa Rao successfully appealed this cancellation, with the Revenue Divisional Officer (RDO) overturning the resumption orders in 2016 and reaffirming his rights to the land.
Despite these rulings, Appa Rao faced continued bureaucratic hurdles, with authorities failing to update land records and remove the property from the prohibitory list. The court criticized this inaction as arbitrary and illegal, emphasizing the binding nature of government orders and court directions.
The judgment also addressed a parallel claim by Smt. K. Ramayamma, which the court found to be based on fabricated documents. The court dismissed her claim, instructing authorities to file criminal charges for forgery.
The High Court's decision underscores the legal obligation of state authorities to follow due process and uphold the rights of ex-servicemen under government orders like G.O.Ms.No.279, which mandates the removal of undisputed land from the prohibitory list after ten years.
Bottom line:-
Land assigned to an Ex-Serviceman under D-Form patta cannot be unilaterally cancelled after a long lapse of time without due process of law. The authorities are bound to implement government orders and judicial directives to delete such land from the prohibitory list under Section 22-A of the Registration Act, 1908, and restore possession and title to the assignee.
Statutory provision(s): Registration Act, 1908 Section 22-A
M. Appa Rao v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2925999
