THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.3540 of 2011 ORDER: The petitioners claim to be the absolute owners and possessors of the land to an extent of Ac.0.46 cents in Sy.No.9-7 and Ac.3-84 cents in Sy.No.12-2A situated at Itikalapalli village, Ananthapur Mandal and District, having succeeded to the same from their ancestors. They intended to sell the property to the proposed vendors. For that purpose, they approached the 4th respondent to process the documents for registration. The 4th respondent is said to have insisted that the petitioners must obtain ‘No Objection Certificate’ from the revenue authorities. It is in this context that the petitioners approached the 3rd respondent with an application. On 22.09.2010, the 3rd respondent sent proposals to the 1st respondent through the 2nd respondent informing that as per D.R.No.72/47 dated 23.11.1938, the lands in dispute were assigned in favour of one Boggu Kadirappa, who is the grand father of the petitioners, and that as per ‘D’ form patta, non-alienability condition was not imposed and there is no bar for alienation of assigned lands at the time of the assignment of the lands in the year 1938 and hence requested for issuance of NOC in respect of the subject lands in favour of the petitioners. Learned counsel for the petitioners submits that since the subject lands were originally assigned in the year 1938 and that there was no condition for prohibition of alienation of the subject lands at the time of assignment, there is no necessity of obtaining ‘No Objection Certificate’. Learned counsel relied on the orders passed by this Court in W.P.No.7254 of 2009 dated 07.04.2009. 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 A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, does not operate vis-à-vis the lands that were assigned earlier to 1958. In view of the above and following the order dated 07.04.2009 passed in W.P.No.7254 of 2009, this writ petition is disposed of directing the 4th respondent to receive the documents that are presented by the petitioners and process the same for registration in respect of the lands mentioned above, without insisting on submission of ‘No Objection Certification’ from Respondents 1 to 3. There shall be no order as to costs. ______________________ ASHUTOSH MOHUNTA,J 18.02.2011 v v