The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.17977 of 2010 Date: 08-09-2010 Between: V.Jyoitheeshwari and 2 others ..... Petitioners AND The Government of A.P., and 2 others .....Respondents Counsel for the Petitioners: Mr.K.S.Murthy Counsel for the respondents: AGP for Revenue The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in not registering the documents presented by the petitioners for registration, as illegal and arbitrary. In pursuance of the notice issued by this Court, separate counter-affidavits have been filed by respondent Nos.1 & 2 and respondent No.3 Since the counter-affidavit filed on behalf of respondent Nos.1 and 2 is material, it is necessary to advert to the relevant averments thereof. It is admitted in the counter-affidavit that the petitioners have purchased the lands admeasuring Ac.0-09¼ cents and Ac.0-18 ½ cents, comprised in Survey No.194/1A, under two different sale deeds executed in the years 1999 and 1982 respectively. It is further stated that the said lands were originally classified as ‘Assessed Waste’; that an extent of Ac.3-40 cents in the above-mentioned survey number was assigned to one Sri Karyampudi Pardhasaradhi, Son of Rajamanar of Perala Village prior to 1937; that out of the said extent, the assignee sold away Ac.1-41 cents to one G.Veeraiah in the year 1937 under registered sale deed No.2558/37, dated 07-12-1937, of Sub-Registrar, Chirala, and that thereafter several transactions have taken place, including the ones, under which the petitioners have purchased the properties as stated above. In the counter-affidavit, it is further stated that the then Mandal Revenue Officer, Vetapalem, has sent a list of Government lands situated in Kothapeta Village to respondent No.3 on 06-03-2007 and that the said list included the above extents of lands forming part of Ac.3-41 cents, which was assigned prior to 1937. It is pleaded that as the said land happens to be assigned land, the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, prohibit its transfer. It is not the pleaded case of the respondents that the alleged assignment made prior to the year 1937 contained any clause prohibiting alienation. It is also not disputed by the learned Assistant Government Pleader that prior to the issue of G.O.Ms.No.1142, dated 18-06-1954, the assignments made by the Government did not contain any clause prohibiting transfer. In the absence of production of either the document of assignment or any evidence showing that such assignment contained the clause prohibiting alienation, it is not permissible for the respondents to refuse registration, more so, on the own showing of respondent Nos.1 and 2 that several registrations have taken place in respect of the same lands on earlier occasions. The right of the petitioners to register property cannot be denied on mere assumption that the lands in question having been originally assigned, the assignment would be containing the clause prohibiting alienations. For the above-mentioned reasons, the Writ Petition is allowed. Respondent No.3 is directed to register the documents, as and when presented by the petitioners, in accordance with law. As a sequel, WPMP.No.22711 of 2010, filed by the petitioners for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 8th September, 2010 Note: Furnish CC in one week. (B/o) lur