HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20666 of 2010 Dated: 20-08-2010 Between: K. Lingappa & others. … Petitioners And The State of Andhra Pradesh, rep. by its Principal Secretary, Registration and Stamps Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20666 of 2010 ORDER: In this writ petition, the petitioners seek for directions by way of Mandamus, declaring the action of respondent No.3 in not registering the documents in respect of the lands to an extent of Ac.4.90 cents, Ac.8.01 cents, Ac.5.00 cents and Ac.2.08 cents, covered by Survey Nos.256, 262, 259-1 and 259-3 respectively, of Gollapuram village of Hindupur Mandal in Anantapur District, as illegal and arbitrary, with a consequential direction to accept and register the sale deeds in respect of the said lands. Originally, the aforesaid lands were assigned to landless poor persons. Such assignees have obtained loans from the District Co-operative Central Bank, Anantapur, through their Primary Agricultural Co-operative Society. When loan amounts were not repaid, the aforesaid lands were put to auction in recovery proceedings initiated by the Primary Agricultural Co- operative Society, and as the petitioners herein happened to be the highest bidders in the said auction, they have paid the consideration amount and purchased the lands. Consequently, sale certificates were also issued in their favour. In this writ petition, it is the grievance of the petitioners that when they intend to sell the aforesaid lands, respondent No.3 is not receiving the documents for registration, on the ground that said lands are assigned lands. With regard to the assigned lands, there is prohibition of transfer under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. However, under Section 6 of the said Act, there is an exemption in respect of assigned lands, which were mortgaged to the Co-operative Societies. Interpreting Section 6 of the Act, this Court has already held that in respect of the lands, which are mortgaged to the Co-operative Societies and were sold in public auction in recovery proceedings, the benefit of exemption also enure to the benefit of the purchasers, and such lands cannot be treated as assigned lands. In that view of the matter, this writ petition is disposed of, with a direction to respondent No.3 that in case the petitioners present any document to convey the properties covered by Survey Nos.256, 262, 259-1 and 259-3 of Gollapuram village of Hindupur Mandal in Anantapur District, the same shall be accepted and considered for registration, without raising any objection on the ground that the aforesaid lands were originally assigned lands, provided the documents are in accordance with the provisions of the Indian Stamp Act and the Registration Act. Subject to the above directions, the writ petition is disposed of. No order as to costs. ___________________ R. SUBHASH REDDY, J 20th August 2010 Note: Furnish C.C. in one week. (b/o) ajr