HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION NO. 2143 of 2009 ORDER: One Mr. Madaka Apparao, an ex-serviceman, was assigned an extent of Ac.2.80 cents of land in Survey No.315/4 of Desaputrunipalem Village, Parawada Mandal on 30.03.1990. He intended to sell the same, to meet the medical and family expenses, and accordingly, an agreement of sale was executed in favour of the petitioner. It is stated that the said document was presented before the Sub-registrar, Sabbavaram, 2nd respondent herein, for registration. The petitioner complains that the 2nd respondent has kept the document ‘pending registration’, insisting on ‘no objection certificate’ from the District Collector, and is not releasing the same. He challenges the action of the 2nd respondent. Heard the learned counsel for the petitioner. Learned Government Pleader for Revenue submits that in view of the prohibition contained in Section 5 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977, it became imperative for the parties to obtain ‘no objection certificate’ from the District Collector. The plea of the petitioner that the ex-serviceman is entitled to sell the property on expiry of 10 years from the date of assignment as per G.O.Ms.No. 1117 dated 11.11.1993 is not seriously contested. It is not in dispute that the land referred to above was assigned to the Ex-Serviceman. Though there is a general prohibition against alienation of assigned lands, the Government had maintained the distinction, as regards the lands assigned in favour of Ex-Servicemen. After taking into account, the various aspects that are involved in the matter, the Government issued orders in G.O.Ms.No. 1117 dated 11.11.1993 permitting the alienation of the lands assigned to Ex-Serviceman, after expiry of 10 years from the date of the assignment. It is in this context that the Mandal Revenue Officer and the Revenue Divisional Officer of the concerned areas, have certified that Apparao is entitled to alienate the land assigned to him, in terms of the G.O referred to above. Such a certification, though not necessary, is more than sufficient to clear the doubt entertained by the 2nd respondent. When the present case is clearly covered by G.O.Ms.No. 1117 dated 11.11.1993, issued by the Government, the 2nd respondent cannot still insist on ‘no objection certificate’ from the District Collector. For the foregoing reasons, the Writ Petition is allowed and the 2nd respondent is directed to consider the document presented by the petitioner for admitting it to registration, without applying any prohibition on the ground that it is an assigned land, and to release the same. There shall be no order as to costs. ________ 09.02.2009 JSU HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION NO. 2143 of 2009 Date: 09.02.2009 JSU