THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 12405 OF 2011 O R D E R: This Writ Petition is filed seeking a writ of mandamus to declare the inaction of the 2nd respondent in receiving and registering the development agreement-cum-general power of attorney executed by petitioners 1 and 2 herein in favour of the 3rd petitioner and the sale deeds executed by the 3rd petitioner in favour of petitioners 4 to 6 as bad in law. The case of the writ petitioners is that land of an extent of Ac.4.43 cents in Survey No. 56/2 and Ac.0.57 cents in Survey No. 57/2 situate at Pothinamallaiah Palem Village, Visakhapatnam Rural Mandal was assigned in favour of Sri P. Appalaswamy, an ex- serviceman in the year 1965. The said Appalaswamy died on 23.04.1993. The said land was subsequently partitioned amongst his children in pursuance of the decree passed in O.S.No. 81 of 1996 on the file of the II Additional District Judge, Visakhapatnam. One of the legal heirs of the said Appalaswamy appears to have sold land of an extent of Ac.0.74 cents in favour of petitioners 1 and 2 herein, who, in turn, entered into a development agreement with the 3rd petitioner, who after developing the property, is now executing sale deeds in favour of petitioners 4 to 6. When these documents were presented for registration, the Sub-Registrar is raising an objection for their registration on the ground that Section 22-A of the Registration Act, 1908 prevents registration of any conveyance deed concerning Government lands and the lands in question being assigned lands, he is not entertaining documents for registration. Learned Government Pleader for Revenue, who obtained instructions in the matter, has pointed out that assignment of land made in favour of ex-serviceman contained clause for prohibition against its alienation only for a period of ten years. After the expiry of ten years period, the land can be alienated by them and for the said purpose, they do not require to obtain either ‘No Objection Certificate” or consent from the Collector of the District. In view of this fact and in view of the undisputed fact that it is Sri P. Appalaswamy, being an ex- serviceman, who was assigned the land in question in 1965, the prohibition of alienation ceases to be operative after 1975 i.e. after expiry of ten years period. Since Sri P. Appalaswamy’s properties have been partitioned amongst his children, pursuant to a decree passed in O.S.No. 81 of 1996, it goes without saying that the land ceases to be treated as a prohibited category. In that view of the matter, the respondent Sub-Registrar is directed to entertain, receive, register and release the documents presented by the writ petitioners herein concerning land of an extent of Ac.0.74 cents falling in Survey No. 56/2 of Pothulamallaiah Palem Village, Visakhapatnam Rural Mandal in accordance with law. With this, the Writ Petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 30th April 2011 ksld