THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.21251 of 2011 Date:22nd September, 2011 Between: Smt.Chinna Gangamma W/o.Gangappa …. Petitioner And 1. The State of Andhra Pradesh, rep. by its Prl. Secretary, Revenue Department, Secretariat at Hyderabad & Ors. …. Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.21251 of 2011 ORDER: The petitioner claims that she along with her sons inherited Ac.6.14 cents of agricultural land in Survey No.227-1 of Koduru Village, Chilamathur Mandal, Anantapur District. The original assignee was Kavali Rangappa. He was assigned Ac.13.28 cents of agricultural land in Survey No.227-1 of Koduru Village, Chilamathur Mandal, Anantapur District, vide D.DA.Dis.No.875/38, dated 30.12.1928. His son Pedda Boyanna sold an extent of Ac.6.14 cents out of Ac.13.28 cents to one Harijana Gangappa on 09.12.1959. The said Harijana Gangappa is no other than the husband of the petitioner. The petitioner along with her two sons entered into an agreement of sale, dated 01.04.2011 with one E.Murali Mohan in respect of Ac.6.14 cents. They submitted the registered sale deed before the Sub-Registrar, Chilamathur Mandal, Chilamathur, Anantapur District-4th respondent. The 4th respondent refused to receive the said document on the ground that the land is an assigned land and alienation is prohibited. The action of the 4th respondent is assailed in this Writ Petition. 2. Rule Nisi came to be issued on 08.08.2011. 3. Respondents 1 to 3 entered appearance and filed counter- affidavit. It is stated in the counter affidavit that the assignment has been made in favour of Kavali Rangappa on 30.12.1928. It is also stated in the counter affidavit that the petitioner has not approached the revenue authorities for ‘No Objection Certificate’ nor filed any application for issuing ‘No Objection Certificate’. 4. When the WPMP came up consideration, with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal. 5. The learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents 1 to 3, represent that the issue involved in this Writ Petition has been squarely covered by the judgment of this Court in Writ Petition No.7254 of 2009, dated 07.04.2009, copy of which has been made available to me. Relevant portion of the said order, reads as hereunder: “Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. 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. Even from a perusal of the proceedings dated 17.1.2009, issued by the 2nd respondent, it is clear that the names of various persons are mentioned as pattedars for the lands since 1933. Further, assuming that it was assigned much earlier thereto, there does not exist any condition prohibiting transfer. Therefore, the writ petition is disposed of directing the 4th respondent to entertain and process the documents that are presented by the petitioners in respect of the lands mentioned above, without insisting on submission of ‘No Objection Certification’ from Respondents 1 to 3. No costs.” 6. Admittedly, the assignment of land in favour of Kavali Rangappa was in the year 1928. Therefore, the cited decision is squarely applies to the facts of the case on hand. 7. Accordingly, the Writ Petition is disposed of directing the 4th respondent to entertain and process the documents that are presented by the petitioner in respect of the land mentioned above, without insisting for submission of ‘No Objection Certificate’ from the respondents 1 to 3. No costs. ________________________ B.SESHASAYANA REDDY, J. Date:22nd September, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.21251 of 2011 Date:22nd September, 2011