IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7520 of 2009 Between: Dr. A.M. Krishna Alias, A. Munikrishnaiah, S/o. Late A. Ramachandraiah, 19-4-4C2, K.R.R. Colony, Old D.R. Mahal Road, STV Nagar, Tirupati, Chittoor District. A.P. ..... PETITIONER AND 1 The Commssioner and Inspector General of Registration, Stams Department, Hyderabad A.P. 2 The Sub-Registrar of Assurances, Tirupathi Rural, Tirupathi, Chittoor District. 3 The Tahsildar, Tirupathi Rural, Tirupathi, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd respondent refusing the registration of sale deed of Petitioner's land situated at Revenue Survey Nos. 77/1(180cents), 78/19320 cents) situated at Nallamanialva Revenue Village assigned under Ex- Serviceman quota as per GO Ms.No 1117 dated 11-11-1993 as illegal, arbitrary, unconstitutional, without law, and infringes, fundamental rights of petitioner, and violation of principles of natural justice and consequently direct the 2nd respondent to accept the document of petitioner executed in favour of N. Sridhar and further set aside the Memo No. G3/16463/2005- (2) dated 29-11-2005 issued by first respondent as it is contrary to GO Ms.NO. 1117/93 dated 11-11-1993. Counsel for the Petitioner: PARTY-IN-PERSON Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.7520 of 2009 ORDER: The petitioner joined Indian Army in the year 1976. On an application submitted by him, the Tahsildar, Chandragiri issued DKT patta on 31.12.1979, assigning land to an extent of 180 cents in Revenue Survey No.77-1 and 320 cents in Revenue Survey No.78-1 of Nallamanikalva Village, Tirupathi Rural Mandal. He was also issued pattadar pass books by the Tahsildar, Tirupathi Rural Mandal. The petitioner intends to sell the same and approached the second respondent for necessary information. It is stated that the second respondent is insisting on obtaining No Objection Certificate from the third respondent and the latter is refusing to issue the same on the ground that the land was assigned under a DKT patta. The petitioner seeks appropriate directions in this regard. Heard Dr.A.M.Krishna, petitioner-in-person and the learned Government Pleader for Assignment. The DKT patta was granted to the petitioner way back on 31.12.1979. Had the patta been granted in favour of landless poor, there would have certainly been justification for the respondents in preventing any transaction in relation thereto. The reason is that Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’) gets attracted and any transaction of sale would be void. The assignments made in favour of Ex-servicemen or those while serving armed forces stand on a different footing. The Government issued G.O.Ms.No.1117, dated 11.11.1993, permitting the Ex-servicemen and other similar category of persons to alienate the land assigned to them, after expiry of 10 years from the date of assignment. The purport of that G.O., was considered by this Court in Pothala Saidamma v. Government of A.P.,[1] and it was held that the provisions of the Act do not apply to such lands after the expiry of 10 years from the date of assignment. The same ratio applies to the facts of the present case. Accordingly, the writ petition is allowed and the second respondent is directed to entertain the sale deeds that my be presented by the petitioner and process the same without applying any prohibition, as regards assigned lands under the Act or Section 22-A of the Registration Act, 1908. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.15.04.2009 Note: Issue CC in one week. (b/o) VGB [1] 2007 (6) ALD 160