HC - lands assigned prior to 1958 can be sold by registration

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD

HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA

WRIT PETITION No. 27089 OF 2010.

DATED 15^TH MARCH, 2011

BETWEEN

Kumara Obulappa and anr                      …Petitioners

and

The District Registrar of Assurances,

Ananthapur, Ananthapur District and ors

….Respondents.

ORDER:

        The petitioners claim to be the absolute owners and possessors of the land to an extent of Ac.9.50 cents in Sy.No. 122-2 and Ac.3.50 cents in Sy.No. 122-3 of Gotukuru village, Kudair Mandal in Ananthapur District. They intend to sell the property to the proposed vendors and accordingly approached the second respondent, who in turn, informed that since the land was assigned in the year 1938, there is prohibition under Section 22-A of the Registration Act and Section 5 of the AP Assigned Land (POT) Act 1977  and hence insisted to obtain No Objection Certificate from the District Collector, Ananthapur.

        When the petitioners applied for issuance of NOC, the third respondent vide proceedings dated 9.3.2005 submitted report to the first respondent stating that already two transactions were took place during the years 1945 and 1994 and hence there is no objection for registration.

The learned Counsel for the petitioners state that once the land is being enjoyed as patta from the year 1938, there is no necessity of obtaining NOC.

Pertinent to note, the condition prohibiting alienation of the assigned lands was incorporated in the year 1958 and in all the assignments made earlier thereto, the said condition was not incorporated. Therefore, the prohibition contained under Section 22-A of the Registration Act or Sections 3 and 5 of the AP Assigned Lands (POT) Act 1977 does not operate vis-à-vis the lands that were assigned earlier to 1958.

        Therefore, the Writ Petition is disposed of directing the second respondent to receive the documents submitted by the petitioners in respect of the subject land and process the same for registration in accordance with law, without insisting for production of No Objection Certificate from the District Collector. There shall be no order as to costs.   

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JUSTICE ASHUTOSH MOHUNTA

Dated 15^th March, 2011.

Msnro