THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.9578 of 2009 ORDER: The petitioners purchased extents of Ac.1.10 cents and Ac.0.60 cents in survey Nos.1128 and 1976-6A2 of Doddipalli Village, Piler Mandal, Chittoor District, from Mr.Jayarama Naidu and A.Ananda Raju, through sale deeds, dated 17.01.2008 and 07.06.2008, respectively. Jayarama Naidu purchased the land in the year 2006 from Ramana Naidu; and the latter purchased it in a public auction. Similarly, the vendor of the 2nd petitioner, Ananda Raju, purchased the land in a public auction. These two items were originally assigned in favour of Sri S.Jayarami Naidu and Smt.D.Jayamma. The properties were mortgaged in favour of Chittoor District Cooperative Central Bank Limited (for short ‘the Bank’). On account of non-payment of the loan, the properties were put to sale in the 2005. It changed hands, and thereafter, the petitioners became the owners. The petitioners wanted to sell the property, and accordingly, approached the Sub-Registrar, Piler, 1st respondent, for registration of the documents. The 1st respondent refused to register the documents, on the ground that the prohibition contained under Section 22-A of the Registration Act, 1908 (for short ‘the Act’) and Section 5 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the POT Act’), applies. The petitioners challenge the said refusal. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. The only question that arises for consideration is, as to whether the lands purchased by the petitioners partake the character of assigned lands. It is no doubt true that they were assigned to different persons, several years ago, as mentioned above. The properties were mortgaged and were put to sale by the Bank. With that, the prohibition mentioned under the provisions, referred to above, ceases to apply. Identical question fell for consideration before this Court in W.P.No.14743 of 2007. In its judgment, dated 26.07.2007, it was held that, if an assigned land mortgaged in favour of a Co- operative Society and it is brought to sale, the prohibition contained under Section 5 of the POT Act and Section 22-A of the Act, does not apply. The judgment was upheld by a Division Bench in W.A.No.950 of 2007. Therefore, the Writ Petition is allowed and the 1st respondent is directed to entertain the document and process the same by applying the provisions of Sections 22-A of the Registration Act and Section 5 of the POT Act. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:01.05.2009. GJ