THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.5666 of 2009 ORDER: The petitioner purchased an extent of Ac.1.95 cents of land in Survey No.111/1A and Acs.3.10 cents of land in Survey No.111/2 of Utukur Village, C.K.Dinne Mandal, Kadapa District in the year 1992. The lands were originally assigned in favour of Palagiri China Obaiah and Gandam Samuel, Ex-servicemen, in the year 1949. When the petitioner intended to sell the land, an objection was raised by the Sub-Registrar, Kadapa District, the fifth respondent herein, on the ground that the lands are covered by the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. The petitioner approached the Revenue Divisional Officer, Kadapa District, the third respondent herein, seeking necessary clarification. After making reference to G.O.Ms.No.1523, dated 11.06.1949, the third respondent took the view that there does not exist any prohibition against alienation of the land after expiry of 10 years from the date of assignment. The sale, however, did not take place. In the recent past, the petitioner is said to have approached the fifth respondent for the purpose of effecting sales. It is stated that ‘No Objection Certificate’ was insisted from the Mandal Revenue Officer, the fourth respondent herein. On a representation made to him, the fourth respondent addressed a letter, dated 04.03.2007, stating that the land in the two survey numbers mentioned above is classified as assessed waste. In that view of the matter, transfer thereof became impossible. The petitioner feels aggrieved by the communication, dated 04.03.2007. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. It is a matter of record that the assignment of the land in the two survey numbers mentioned above was made in favour of two Ex-servicemen in the year 1949. The Government always maintained a distinction as regards the land assigned to the Ex-servicemen in the context of alienation. Originally, through G.O.Ms.No.1523, dated 11.06.1949, and subsequently through G.O.Ms.No.1117, dated 11.11.1993, such assignees were permitted to alienate the land on expiry of ten years from the date of assignment. Secondly, the condition prohibiting alienation was incorporated only in the year 1950. Viewed from any angle, the stand taken by the respondents as regards the transferability of the lands possessed by the petitioner cannot be sustained in law. Hence, the writ petition is allowed and it is directed that the fifth respondent shall entertain the documents that may be presented by the petitioner and admit them for registration, if they are otherwise in order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:19.03.2009 kdl