IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9473 of 2009 Between: A.D. Narasimha Rao @ Phani, S/o. A. Jagan Mohan, R/o. 47-12-2/1, Dwarakanagar, Visakhapatnam. ..... PETITIONER AND The Joint Sub-Registrar, Pendurthi, Visakhapatnam. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondent in stating that the land admeasuring Ac. 2.58 cents covered by Sy.No. 135 of Sowbhagyarayapuram Village, Pendurthi Mandal, Visakhapatnam District is not alienable nor transferable, as illegal, arbitrary, unjust and violative of Article 14 of the Constitution of India and in violation of G.O.Ms.No.1117 dated 11-11-1993 and consequently direct the respondent to register the above sale deed and pass Counsel for the Petitioner: MR.K.S.MALLIKARJUNA RAO Counsel for the Respondent: GP FOR REVENUE The Court made the following : ORAL ORDER: The petitioner intended to purchase Acs.2.58 cents of land in Sy.No.135 of Sowbhagyarayapuram Village, Pendurthi Mandal, Visakhapatnam District, from one Sri P. Ramesh, Ex-Serviceman. For that purpose, he claims to have approached the respondent herein to examine the feasibility. The petitioner states that the respondent informed him that the land, which he proposed to purchase, is an assigned land and no document can be registered in relation to the same. The petitioner seeks appropriate directions in this regard. Heard learned counsel for the petitioner and the learned Government Pleader for Revenue. The petitioner placed before this Court a copy of the proceedings dated 28.12.1992 of the Mandal Revenue Officer, Pendurthi, whereunder the said land in Sy.No.135 was assigned in favour of one Sri P. Ramesh, Ex-Serviceman. The Government issued G.O.Ms.No.1117 dated 11.11.1993, enabling the ex-servicemen, to sell the lands assigned to them, after expiry of ten years, from the date of assignment. If what is stated by the petitioner is true, the prohibition contained under Section 22-A of the Registration Act and Section 5 of the A.P. Assigned Lands (Prohibition of Transfer) Act, does not apply. Hence, the Writ Petition is disposed of directing the respondent that in case the petitioner proves that the land in question was assigned to an ex-serviceman and 10 years have elapsed from the date of assignment, he shall not require the petitioner to submit No Objection Certificate from the revenue authorities for registration of the document. ______________________ (L. Narasimha Reddy, J.) 1st May, 2009 Note: C.C. in one week. (B/o) Js.