THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 15294 OF 2010 O R D E R: Complaining that the 3rd respondent Sub-Registrar, Pileru is not receiving and entertaining a conveyance deed presented by the petitioner, pertaining to land of an extent of Ac.1.76 cents situate in Survey No. 333/2 of Kavalipalli Village, Pileru Mandal, Chittoor District, this Writ Petition has been instituted. It is stated that the father of the petitioner acquired title over land of an extent of Ac.1.76 cents situate in Survey No. 333/2 of Kavalipalli Village, Pileru Mandal and he executed a gift settlement deed in favour of the sister of the petitioner herein and got it registered on 27.11.1985 as document No. 4146 of 1985. It is further asserted that the sister of the writ petitioner executed a registered gift settlement deed bearing document No. 1456 of 2001 gifting the said property to the petitioner on 09.08.2001. However, when the petitioner has proposed to alienate the said land by executing a conveyance deed, the attempt made for getting the said conveyance deed registered has met with resistance from the 3rd respondent on the ground that the land in question was an assigned land by the government and hence, the prohibition contained under Section 22-A of the Registration Act, 1908 has been attracted thereto. Stung by this development, the writ petitioner has applied for information as to the nature and classification of the land in question under the Right to Information Act, 2005. Thus, she obtained a true extract of ‘A’ Register from the Tahsildar, Pileru on 07.06.2010, wherein the following endorsement is recorded: “ 333/2 assigned on condition of allowing a cart track 15 links in width and 333/4 assigned on condition of allowing a footpath below 3 links in width…….” It was also recorded therein that in Survey No. 333/2, out of an extent of Ac.5.28 cents, Ac.2.00 appears to have been assigned on 02.04.1939. Therefore, the land, which is an assigned land in the year 1939, is not prohibited from being alienated. The State Government, for the first time, through their G.O.Ms.No. 1142, dated 18.06.1954, has incorporated the condition prohibiting alienation of assigned lands. Therefore, prior to 1954, there is no prohibition contemplated against the assigned lands. In such circumstances, the Sub-Registrar need not hesitate to register any such document even though it may have been assigned in the year 1939. After subsequent passage of time, such lands, having not been prohibited from alienation and having been alienated in fact, do not attract the prohibition contained under Section 22-A of the 1908 Act. Therefore, the 3rd respondent Sub-Registrar will process any conveyance deed that the writ petitioner might present and register the same, provided it is in conformity with all other respects of law. With this, the Writ Petition stands disposed of after hearing the learned Government Pleader for Revenue. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 26th July 2011 ksld