IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.NO.23132 OF 2010 Date:30-03-2011 Between:- G.Hanumanth Rao .. Petitioner And Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Hyderabad and others. .. Respondents ORDER:- The petitioner assails the action of the respondent authorities in including his land admeasuring Ac.0-90cts in Survey No.475 of Kottapeta Village, Vetapalem Mandal, Prakasam District in the list of lands covered by prohibition with regard to registration of documents. He seeks a consequential direction to the respondent authorities to exclude his land from the said list. 2. The petitioner purchased the subject land under registered sale deeds in the year 2007. He was desirous of selling the same but was apprised that the subject land found mention in the list of lands in respect of which registration of documents was prohibited as it was an assigned land. According to him, the assignment was prior to the year 1948 and various registered documents from 1948 are existing in respect of the subject land. Hence, he filed the present writ petition for the relief aforestated. 3. The Sub-Registrar, Chirala, Prakasam District, stated in his counter that the Mandal Revenue Officer, Chirala furnished a list of assigned lands under letter dated 06-03-2007 and the full extent of Ac.8.42cts situated in Survey No.475 of Kottapeta Village was shown therein as assessed waste land. He therefore stated that no documents could be entertained for registration in respect of the subject land. 4. The letter dated 17.03.2010 addressed by the Sub-Registrar, Chirala to the petitioner however states that the subject land is included in the prohibited list as it is an assigned land. Further, the letter dated 03-01-2010 addressed by the Tahsildhar, Vetapalem to the petitioner reflects that the land in Survey No.475 of Kottapeta Village was the subject matter of a conditional grant in favour of one Hussain Baig. It is further stated therein that the date of the grant was not found in the revenue record. He stated that the land in Survey No.475 admeasuring Ac.8.42cts was included in the list of government lands owing to the conditional grant referred above. 5. In the light of the aforestated facts, it is clear that the inclusion of the petitioner’s land in the ‘prohibited list’ furnished to the registration authorities was owing to the fact that it was an assigned land. Needless to state, alienation of assigned land being prohibited under the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (Act of 1977), a prohibition with regard to registration of documents in respect thereof would operate under Section 22-A(1)(a) of the Registration Act, 1908 (Act of 1908). However, this Court has time and again pointed out that assignments made prior to the issuance of G.O.Ms.No.1142 in the year 1954 were not coupled with a condition of inalienability and it was only under the said G.O. that such a prohibition was introduced for the first time in respect of Andhra and Rayalaseema areas. Therefore, assignments made prior thereto would not be covered by the prohibition under the Act of 1977 and consequently, the prohibition as to registration of documents under the Act of 1908. The facts in the case on hand reflect that the grant was in favour of Hussain Baig, the predecessor-in-title of the petitioner but the date of the grant is not available in the revenue records. However, the sale of the land by Hussain Baig prior to 1954 establishes that the grant also was prior thereto. The inclusion of the petitioner’s land on the ground that it is assigned land thereby preventing the registration of documents in respect thereof cannot therefore be countenanced. 6. The writ petition is accordingly allowed directing the respondents to exclude the petitioner’s land admeasuring Ac.0.90cts in Survey No.475 of Kottapeta Village, Vetapalem Mandal, Prakasam District from the list of assigned lands in respect of which a prohibition as to registration of the documents would operate under Section 22-A(1)(a) of the Act, 1908. In the circumstances of the case, there shall be no order as to costs. ____________________ SANJAY KUMAR, J 30th March, 2011 Note:- Furnish C.C. within one week. B/O. AMD THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.NO.23132 OF 2010 Date:30-03-2011 AMD