THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.15209 of 2009 ORDER: Appalaswamy, father of respondents 6 and 7, was assigned Acs.4.43 cents and Ac.0.57 cents of land in survey Nos.56/2 and 57/2, of Potinamallaiah Palem Village, Maduravada, Visakhapatnam District, in his capacity as ex-serviceman, way back in the year 1965. Appalaswamy died on 23.04.1983. Thereafter, the land was partitioned among his children, in pursuance of a decree passed in O.S.No.81 of 1996 in the Court of II Additional District Judge, Visakhapatnam. Respondents 6 and 7 are said to have been allotted one-fourth share, each, in the said land. The petitioner intended to purchase part of the land that has fallen to the shares of respondents 6 and 7. A sale deed was executed and it was presented before the 5th respondent, for registration. Through his endorsement, dated 13.07.2009, the 5th respondent refused to register the document, on the ground that the land is classified as ‘gayyalu’ (Government land), and registration of any document in relation thereto is prohibited under Section 22-A of the Registration Act (for short ‘the Act’). The said endorsement is challenged in this Writ Petition. In the counter-affidavit filed by the Sub-Registrar, it is not disputed that the land was assigned to the father of respondents 6 and 7 in his capacity as ex-serviceman. Reference is made to Section 22- A of the Act. Heard learned counsel for the petitioner and learned Government Pleader for respondents. It is true that the Legislature amended the Act by introducing Section 22-A of the Act, prohibiting registration of documents in respect of different categories of lands. One such category is the land held by the Government. It is a matter of record that the father of respondents 6 and 7 was assigned Acs.5.00 of Government land, in recognition of his services in the armed forces. Though there exist clauses prohibiting alienation of assigned lands, the Government itself issued G.O.Ms.No.1117, dated 11.11.1993, permitting alienation of land assigned in favour of ex-servicemen. The only condition is that the alienation can take place, only after expiry of ten years from the date of assignment. The classification of land virtually becomes insignificant, once it is not disputed that the land was assigned to an ex-serviceman and ten years had elapsed from the date of assignment. Therefore, the view taken by the 5th respondent, in his endorsement, cannot be sustained in law. Hence, the Writ Petition is allowed, and the impugned endorsement is set aside. The 5th respondent is directed to admit the document presented by the petitioner to registration, if it is otherwise found to be in order, within a period of four (4) weeks from the date of receipt of a copy of this order. If the document has already been registered in compliance with the directions of this Court, it shall be released forthwith. 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