HC - the provisions of Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 has no application to the assigned lands, which were sold in public auction, for realization of cooperative dues

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

                                             AT HYDERABAD

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY

 

WRIT PETITION No. 31233 of 2010

 

O R D E R:

          This Writ Petition is filed for a mandamus to declare the action of Respondent No. 5 in not entertaining the sale deed from the petitioner for registration in respect of land admeasuring Ac.4.05 cents in Survey No. 11 of Rangasamudhram Village fields, Porumamilla Mandal, Y.S.R. District as illegal and arbitrary.

I have heard Sri V.R. Reddy Kovvuri, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

The petitioner has purchased the above-mentioned land in an auction held in execution of a certificate vide E.P.No. 1849/93-94, dated 07.05.1997 by the Deputy Registrar/Officer on Special duty of The Cuddapah District Cooperative Central Bank Limited, Cuddapah.  When the petitioners sought to sell the land and present the document for the purpose of registration before Respondent No.5, the latter is said to have not entertained the same on the ground that the list furnished by the revenue authorities had shown the land as an assigned land.

 At the hearing, learned Assistant Government Pleader for Revenue has not disputed the contention of the learned counsel for the petitioner that this issue is squarely covered by the Division Bench Judgment of this Court in Sub-Registrar, Srikalahasti, Chittoor District v. K. Guravaiah[1],  wherein it has been held that the provisions of Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 has no application to the assigned lands, which were sold in public auction, for realization of cooperative dues.

 In view of this settled legal position, the petitioner is entitled to sell the land and get the document registered. Accordingly, Respondent No.5 is directed to receive the document presented by the petitioner and register the same in accordance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

The Writ Petition is accordingly allowed.  No costs.

        

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(C.V. NAGARJUNA REDDY, J)

13^th December 2010

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[1] 2009(2) ALD 250