THE HON'BLE MR JUSTICE SANJAY KUMAR Writ Petition No.5458 OF 2011 DT. 7.3.2011 Between: J Pulla naidu … Petitioner And The District Collector, Anantapur and another … Respondent Counsel for the Petitioner: Sri K Maheswara Rao Counsel for respondents: G P FOR REVENUE The Court made the following ORDER: THE HON'BLE MR JUSTICE SANJAY KUMAR Writ Petition No.5458 OF 2011 ORDER: The petitioner is aggrieved by the action of the Sub Registrar, Dharmavaram, Anantapur district/ the second respondent herein, in insisting upon a ‘No Objection Certificate’ for the purpose of registering the document presented by the petitioner in respect of the land admeasuring Ac.1.90 cents in Survey No. 570/1A-1 of Bathalapalli village and Mandal, Anantapur district. The subject land was originally assigned to one D.Narayana Swamy S/o Venkatramudu, who mortgaged it with the Primary Agricultural Cooperative Society, Bathalapalli, Anantapur district , for the purpose of availing a loan. Due to his default in re-payment, the said land was put to sale by way of public auction and the petitioner emerged as the highest bidder and purchased the same. Being desirous of selling the said land, the petitioner approached the second respondent, but was asked to obtain a ‘No Objection Certificate’ from the Revenue Authorities. Hence, this writ petition. In the light of the law laid down by a Division Bench of this Court in The Sub-Registrar, Srikalahasti, Chittoor District Vs. K Guravaiah and others[1], once an assigned land mortgaged in its favour, is put to sale by a Cooperative Society/ Cooperative Bank, the exemption under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, would be applicable and such land would not be subject to the prohibition envisaged by the said Act. Therefore, the insistence by the second respondent upon certification from the Revenue Authorities as a condition precedent for entertaining the petitioner’s document in respect of the subject land on the ground that it was originally an assigned land, cannot be accepted. There shall accordingly be a direction to the Sub Registrar, Dharmavaram, Anantapur district, to entertain the petitioner’s document in respect of the land admeasuring Ac.1.90 cents in Survey No. 570/1A-1 of Bathalapalli village and Mandal, Anantapur district, and process and register the same in accordance with law without insisting upon a ‘No Objection Certificate’ from the Revenue Authorities. The writ petition is disposed of with the above direction. No costs. ______________ SANJAY KUMAR,J DATE: 7.3.2011 TVK THE HON'BLE MR JUSTICE SANJAY KUMAR Writ Petition No.5458 OF 2011 DT. 7.3.2011 [1] 2009 (2) ALD 250