THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.21365 of 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the Sub-Registrar, Anantapur District (fourth respondent), in insisting on the production of a No Objection Certificate (NOC) to register the lands admeasuring Ac.8.41 cents in Sy.No.10/2 of Govindampally Village, B.K.Samudram Mandal, Anantapur District, as illegal and arbitrary. The petitioners seek a consequential direction to the fourth respondent to receive and register the document presented by them in favour of third parties without insisting upon an NOC. In his counter affidavit the Tahsildar, B.K.Samudram Mandal, Anantapur District (third respondent), would state that lands admeasuring Ac.8.41 cents in Sy.No.10/2 of Govindampally Village, B.K.Samudram Mandal, Anantapur District were assigned to Sri Aluru Yerikalappa by proceedings dated 28.11.1930, and D- form patta was issued to him; several transactions had occurred on the aforesaid extent of land since the time of assignment; there was no condition therein prohibiting alienation; and, at present, the petitioners are in possession and enjoyment of the aforesaid lands. Learned Government Pleader for Revenue (Andhra and Rayalaseema Areas) would fairly state that, since the assignments granted in the year 1930 did not prohibit alienation of the subject lands, it is always open to the assignee, or his successors-in-title, to alienate them. In the absence of any condition of non-alienation or prohibition of the assigned lands being alienated, and in the light of the counter affidavit now filed by the third respondent, it is evident that the fourth respondent cannot insist on a NOC from the third respondent for registration of the subject lands. It is open to the petitioners herein to submit the documents for registration within three weeks from today; and in case the documents are presented within the time stipulated hereinabove, the forth respondent shall receive the said documents, and consider its registration, in accordance with the provisions of the Indian Stamp Act, 1899, the Registration Act, 1908 and the rules made under both the enactments, within a period of three months thereafter. It is made clear that, in the light of the counter affidavit now filed by the third respondent, the fourth respondent shall not insist on the petitioners submitting an NOC to process the documents for its registration. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:17.11.2011 usd