THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.350 of 2008 ORDER: Learned counsel for the petitioners submits that he has been instructed to withdraw the writ petition, insofar as it relates to petitioners 3 to 5, and seeks permission of this Court. Permission is accorded and the writ petition is dismissed as withdrawn, insofar as it relates to petitioners 3 to 5. Petitioners 1 and 2 (for short ‘the petitioners’) purchased land in Survey Nos.219/2, 4, 9 and 10 of Nemergomula Village, Bibinagar Mandal, Nalgonda District. They intended to sell a part of the same. For that purpose, they claim to have presented documents for registration before the 4th respondent herein. On the strength of a letter, dated 16.11.2007 addressed by the District Collector, 1st respondent herein, to the Tahsidlar, Bibinagar Mandal, 3rd respondent herein, the 4th respondent is said to have refused to register the documents. The petitioners challenge the legality of the letter, dated 16.11.2007 and seek a direction to the respondents to grant No Objection Certificate for registration of the documents in relation to the said land. The 1st respondent filed a counter affidavit. It is stated that the land in Survey No.219 is vast in extent and large extents thereof were assigned to different individuals. It is stated that while in some cases, conditions prohibiting alienation of the property is applicable, in other cases, it is not so. Learned counsel for the petitioners submits that the very controversy as to whether the land in Survey No.219 is covered by the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act (for short ‘the Act’) was examined in detail by the Revenue Divisional Officer, Bhongir, 2nd respondent herein and through his orders, dated 22.07.2004, he took the view that the land in Survey No.219 was assigned much before 1958, when the clauses prohibiting alienation of assigned lands were incorporated, and that despite the same, the documents presented by the petitioners are not being entertained. He also places reliance upon an order passed by this Court in W.P.No.23723 of 2008. Learned Government Pleader for Revenue, on the other hand submits that the record is not clear as to whether the land purchased by the petitioners was assigned before 1958 or subsequent thereto and it is only after such verification that necessary decision can be taken. The only controversy in this writ petition is as to whether the land purchased by the petitioners was assigned to their transferors before or after 1958. A perusal of the order passed by the 2nd respondent on 22.07.2004 discloses that fairly large extent of land in Survey No.219 was assigned before 1958 and the prohibition against alienation does not apply to them. That however was in relation to the purchases made by various individuals. The petitioners did not figure therein. In the impugned letter also, it was mentioned that the land in several sub divisions of Survey No.219, such as 19,21,22, 23, 24, 30 and 31, were assigned prior to 1958. No specific verification was undertaken vis-à-vis the land in survey Nos.219/2, 4, 9 and 10. Therefore, this Court is of the view that verification in this regard needs to be undertaken without any further loss of time. Therefore, the writ petition is disposed of directing that the 2nd respondent shall verify as to when the land in Survey Nos.219/2, 4, 9 and 10 were assigned in favour of the vendors of the petitioners and communicate the result thereof within three weeks from the date of receipt of a copy of this order. In case, it emerges that the assignment was prior to 1958, the 4th respondent shall receive the documents and process the same in accordance with law, without referring to the provisions of the Act. There shall be no order as to costs. _________ 06.04.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.350 of 2008 Date: 06.04.2009 JSU