IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.19568 of 2008 Between: Tamburu Sanjeeva Reddy S/o. Krishna Reddy Sathupalli Mandal, Khamamm District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Commissioner and Inspector General, Stamps and Registration, Golkonda X Roads, Hyderabad. 2 The Sub Registrar, Sathupally, Khammam 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 may be pleased to pass order or orders more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 in not entertaining sale deed dated 22-8-2008 vide Document P.No. 28/08 as illegal, arbitrary and much against the Principles of natural justice and pass such other order or orders Counsel for the Petitioner: MR.CH. SHANMUKHA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.19568 of 2008 ORDER: This writ petition is ﬁled seeking a writ of Mandamus declaring the action of the 2nd respondent- Sub Registrar, Sathupally, Khammam District, in refusing to register the sale deed dated 22.08.2008 vide document P.No.28/08, as arbitrary and illegal. 2. It is the case of the petitioner that he purchased the lands admeasuring Ac.2-00 guntas and Ac.1.00 guntas in Sy.Nos.137/U and 137/UU respectively, situated at Siddaram Village of erstwhile Madhira Taluka and now Sathupally Mandal, under agreements of sale dated 18.08.1969, 25.03.1969 and 15.6.1969 from the original assignees to whom the Government have issued loani pattas in the year 1955 and that mutation was also got eﬀected in the relevant revenue records. While so, when he wanted to sell an extent of Ac.2.22 guntas from out of the total extent and presented the document before the authorities, the same was rejected on the ground that the same was hit by the provisions of Section 3 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and also that the said lands were notiﬁed under Section 22-A of the Registration Act, 1908. It is stated that the Government vide G.O.Ms.No.1406 dated 25.07.1958 has introduced a clause prohibiting sale of the assigned lands and since the lands in question are assigned in the year 1955, the said G.O. has no application to the facts of the present case. Despite the same, the 2nd respondent- Sub Registrar refused to register the sale deed dated 22.08.2008 vide document P.No.28/08. Hence, he ﬁled the present writ petition. Today, when the matter came up for hearing, learned counsel for the petitioner as well as the learned Assistant Government Pleader for Revenue submitted that in similar circumstances, the petitioner herein has ﬁled a writ petition before this Court in W.P.No.15078 of 2008 and this Court vide order dated 16.07.2008 disposed of the said writ petition directing the Sub Registrar to register the sale deed presented by the petitioner, if the same was otherwise in order. Admittedly, the lands in question were also assigned in the year 1955. Therefore, G.O.Ms.No.1406 dated 25.07.1958 has no application to the said lands and there is no prohibition for alienation of the same. In the circumstances, following the aforesaid Judgment dated 16.07.2008 of this Court in W.P.No.15078 of 2008, this writ petition is also disposed of with the following directions: The 2nd respondent – Sub Registrar, Sathupally, Khammam District, is directed to register the sale deed dated 22.08.2008 presented by the petitioner in respect of the land in question, if it is otherwise in order, expeditiously. There shall be no order as to costs. ____________________ JUSTICE N.V. RAMANA 09.09.2008 MSV/IBL TO 1 Government of Andhra Pradesh, Rep. by its Commissioner and Inspector General, Stamps and Registration, Golkonda X Roads, Hyderabad. 2 The Sub Registrar, Sathupally, Khammam District. 3 2 CCS to G.P. for Revenue, High Court of A.P. Hyderabad. 4 2 CD copies.