THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.16156 OF 2010 DATED JULY, 2010 BETWEEN Savana Subbalakshumma … Petitioner And The Government of Andhra Pradesh, Represented by District Collector, Kadapa District and Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.16156 OF 2010 O R D E R The petitioner seeks a Mandamus to the respondents to entertain the document presented by her pertaining to the lands in Sy.No.22/1 and 121/2 of Sri Ranga Raju Palyem of Pullampet Mandal, Rajempet Revenue Division, Kadapa District, and register the same in accordance with law. It is the case of the petitioner that she purchased the said lands in an auction sale conducted by the Deputy Registrar, District Co- operative Central Bank, Kadapa, pursuant to Award No.4520/99-2000 dated 31.05.2000 which was obtained by Anantha Samudhram Primary Agricultural Co-operative Society. The subject lands were originally assigned to one Palepu Rukminamma and one Gaduputi Krishnaiah. The assignees availed loan facilities from Anantha Samudhram Primary Agricultural Co-operative Society by mortgaging these lands. Owing to their failure to repay the loans, recovery proceedings were initiated by the Society which culminated in Award No.4520/99-2000 dated 31.05.2000. Pursuant thereto, the lands were brought to sale in a public auction and the petitioner, having emerged the highest bidder, purchased the said lands. A Sale Certificate was also issued by the competent authority in Form No.10 dated 30.01.2003. When the petitioner, intending to transfer the lands to her kith and kin, approached the registration authority she was informed that the subject lands were included in the list of assigned lands communicated by the Tahsildar, Pullampet Mandal. On that count, the document presented by the petitioner was not entertained for registration. The issue is no longer res integra in view of the judgment rendered by a learned Judge of this Court in N.RAJA REDDY V/s. THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT[1], which stood confirmed in Appeal by a Division Bench of this Court in THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT V/s. K.GURAVAIAH[2]. The executive instructions issued by the State Government in G.O.Ms.No.471 dated 18.06.1977 which stood extended thereafter upto 18.06.1999 by G.O.Ms.No.255 dated 19.06.1997, whereby it was contended that sales could not be held by Co-operative Societies of mortgaged assigned lands after 18.06.1999, do not have the effect of overriding or prevailing over the statutory provisions contained in the Andhra Pradesh Co-operative Societies Act, 1964 and the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, ‘the Act of 1977’). This aspect has been dealt with i n extenso in my Judgment rendered in Writ Petition No.14018 of 2010. In that view of the matter, assigned lands which were mortgaged to a Co-operative Society stand exempted from the provisions of the Act of 1977, as per Section 6 thereof and no proscription, by way of executive instructions, can be introduced contrary to such exemption. Thus, such mortgaged assigned lands which thereafter were brought to sale lawfully cannot be said to be ‘assigned lands’ inviting the prohibition under the Act of 1977. The lands purchased by the petitioner therefore ceased to be assigned lands for the purposes of the Act of 1977 and the action of the revenue authorities in treating the same as such is legally unsustainable. The Writ Petition is accordingly allowed at the threshold directing the Sub-Registrar of Assurances, Rajempt, Kadapa District, the third respondent herein, to receive and register the document submitted by the petitioner in respect of her lands in Sy.Nos.22/1 and 121/2 of Sri Ranga Raju Palyem of Pullampet Mandal, Rajempet Revenue Division, Kadapa District in accordance with law, subject to compliance with due procedure and formalities. In the circumstances of the case, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J _________JULY, 2010 PGS [1] 2007 (5) ALD 845 [2] 2009 (2) ALD 250 (DB)