THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26975 of 2010 Date: 01.11.2010 Between: Kola Satyanarayana ..... Petitioner AND The Sub Registrar, Chintalapudi and another .....Respondents Counsel for the Petitioner: Sri P.V.N.V.Sastry Counsel for Respondents: Assistant Government Pleader for Revenue The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in refusing to register the sale deeds pertaining to the land admeasuring Acs.5.20 cents in survey No.114/1 of Chintampalli Village, Chintalapudi Mandal, West Godavari District, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to register the sale deeds presented by him without treating the land as assigned land. In his affidavit, the petitioner has averred that he has purchased the abovementioned land in a public auction held by the Special Grade Deputy Registrar, Cooperative Central Bank, Eluru, on 08.09.2004 in connection with E.P.No.2632/2003-2004. Sale certificate was obtained by the petitioner in Form-10 under Sub-Rule 14 (V) of Rule 52 of the Rules framed under the Andhra Pradesh Cooperative Societies Act, 1964. When the petitioner made a request to respondent No.1 to inform him of the valuation of the land for the purpose of presenting the sale deeds for registration, the same was returned with an endorsement that in the list issued by the Tahsildar, Chintalapudi, land in R.S.No.114/1 of Chintampalli Village is included as assigned land, and accordingly registration has been refused. The petitioner has pleaded that as the land was purchased in an auction held for recovery of dues by a Cooperative Society, prohibition contained under Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’) would not apply. In support of this plea, the petitioner placed reliance on the judgment of the Division Bench of this Court in Sub- Registrar, Srikalahasti, Chittoor District vs. K. Guravaiah[1]. At the hearing, the learned Assistant Government Pleader for Revenue has not disputed the above legal position. Inasmuch as from the material filed by the petitioner, this Court is satisfied that the petitioner has purchased the land in an auction held for recovery of dues by a Cooperative Society i.e., Seethanagaram Primary Agricultural Cooperative Society, the land cannot be treated as assigned land and the prohibition contained in Section 5 of the Act cannot be made applicable to the same. For the aforementioned reasons, the Writ Petition is allowed. A Mandamus shall issue to respondent No.1 to receive and register the document in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899. As a sequel to disposal of the Writ Petition, W.P.M.P.No.34470 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 01st November, 2010 GHN [1] 2009(2) ALD 250