THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.29280 of 2009 ORDER: The petitioner claims to have purchased a plot of 406 square yards in survey No.601 of Kapra Village, Keesara Mandal, Ranga Reddy District, in the year 1999. He intended to sell that plot. On being insisted by the Sub-Registrar, Kapra Municipality, the 1st respondent, he approached the District Collector, Ranga Reddy District, the 2nd respondent, with a request to issue No Objection Certificate. Through memo, dated 03.11.2009, the 2nd respondent informed the petitioner that the request cannot be considered, on the ground that the land, which was classified as ‘Poramboke Sarkari’, was allotted to Armed Forces Officers Cooperative Housing Society Limited. The petitioner submits that the action of the respondents in not permitting him to sell the land, is illegal, arbitrary and unconstitutional. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. The petitioner purchased the plot, which was part of Armed Forces Officers Cooperative Housing Society Limited, Sainikpuri. Even assuming that the land in a large extent was allotted to the Society by the Government and plots were carved out of it, the sale or transfer of such plots by the allottees cannot be prohibited, unless there existed a condition imposed by the Government, at the time of allotment. The memo issued by the 2nd respondent is silent, on this aspect. Further, the prohibition contained under Section 22-A of the Registration Act, 1908 (for short ‘the Act’), would operate, only when the land belongs to the Government, or it was assigned to a landless poor. None of those conditions exist in the instant case. Even if there exists any other reason, the 1st respondent is under obligation to communicate the same under Section 71 of the Act. Hence the Writ Petition is allowed and the impugned memo dated 03.11.2009, is set aside. The 1st respondent is directed to receive the document presented by the petitioner and process the same in accordance with law, without reference to the memo, referred to above. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.01.02.2010. Note: Furnish C.C. in three days. (B/o) GJ