HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5102 of 2011 Date: March 04, 2011 Between: 1. G. Venkatramana & 2 others. … Petitioners and 1. The District Collector, Chittoor District, Chittoor & 3 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5102 of 2011 ORDER: The petitioners assail the notices issued by the Revenue Divisional Officer, Madanapalle, Chittoor District, on 04.12.2010 and 20.11.2010 under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. 2. The petitioners claim title to the subject land admeasuring Ac.1.95 cents in Sy.No.121/1 of Angallu Revenue village, Kurabalakota Revenue Mandal, Chittoor District, through the auction sale conducted in respect thereof by the Madanapalle Co-Operative Town Bank Ltd., Madanapalle. The subject land, having been assigned to one C. Baduhullah, was mortgaged with the bank for securing the loan that he had availed. In the light of the default in repayment committed by him, the bank put the subject land to sale under the orders in E.P. No.84 of 2005 and 2006. The predecessor-in- title of the petitioners purchased the said land in the auction sale. 3. In the light of the judgment of a Division Bench of this court in The Sub-Registrar, Srikalahasti, Chittoor District v. K. Guravaiah[1], assigned land subjected to mortgage and thereafter brought to sale by the mortgagee Co-Operative bank/Co-Operative Society would cease to be assigned land for the purposes of the Act of 1977. That being so, the action initiated by the respondents under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 in the present case is clearly unsustainable in law. 4. The writ petition is accordingly allowed setting aside the impugned notices dated 04.12.2010 and 20.11.2010 issued by the Revenue Divisional Officer, Madanapalle, Chittoor District, under the provisions of the Act of 1977. In the circumstances, there shall be no order as to costs. ____________________ SANJAY KUMAR, J Date: March 04, 2011. BSB [1] 2009 (2) ALD 250