THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 18816 OF 2011 O R D E R: The complaint in this Writ Petition is that the 2nd respondent Joint Sub-Registrar, Madanapalle, Chittoor District is declining to entertain a conveyance deed presented for the purpose of registration by the writ petitioner on the ground that the 3rd respondent Tahsildar, Madanapalle has communicated to him that land of Ac.0.53 cents situate in Survey No. 858 of Basinikonda Village, Madanapalle Mandal, Chittoor District is a DKT patta land and consequently, the prohibition contained under Section 22-A of the Registration Act, 1908 (for short, ‘the 1908 Act’) is attracted to such transactions. The petitioner traces the lineage to the land, which is sought to be purchased by him, to a sale deed dated 11.11.1976 executed by one Sri Yalakapalli Kanamanna and Venkata Ramana through a document bearing No. 4656 of 1976. The immediate predecessor-in- interest of the petitioner also acquired the title to the property through a registered sale deed bearing No. 8024 of 2010. Therefore, the petitioner submits that when the conveyance deed is presented by him for the purpose of registration, the 2nd respondent Sub-Registrar should not have declined to entertain the same. On the contrary, learned Government Pleader for Revenue, who received instructions from the 2nd respondent Sub-Registrar, would submit that the 2nd respondent has been communicated with a list of lands belonging to the government situate in Basinikonda Village of Madanapalle Mandal and in that list, land of an extent of Ac.0.53 cents situate in Survey No. 858 is a DKT patta land and hence, the prohibition contained under Section 22-A of the 1908 Act is attracted to the transaction in question. It is a question of fact as to whether land of an extent of Ac.0.26 ½ cents, which is situate in Survey No. 858 of Basinikonda Village, is forming part of Ac.0.53 cents of land notified by the 3rd respondent Tahsildar as forming part of DKT patta or not. Possibly, there could be a larger extent of land available in Survey No. 858 of Basinikonda Village than Ac.0.53 cents. It is also quite possible that out of such large extent of land, land of an extent of Ac.0.53 cents alone may have been assigned in favour of the beneficiaries earlier by the revenue establishment of the State. By virtue of the provisions contained in Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, transfer of land, which is assigned, alone is prohibited by a statute. Therefore, Section 22-A of the Act will get attracted only to that extent of land situate in Survey No. 858. Insofar as the rest of the land, if at all it is available in Survey No. 858 of Basinikonda Village, is concerned, the same perhaps may not attract either the prohibition contained in Section 3 of the 1971 Act or Section 22-A of the 1908 Act. Therefore, the 2nd respondent may entertain the conveyance deed, which the writ petitioner might present concerning land of Ac.0.26 ½ cents situate in Survey No. 858 of Basinikonda Village, but however, he may not release the document and keep it pending. He may call for a report from the Tahsildar, Madanapalle as to whether land of Ac.0.26 ½ cents, which is covered by the conveyance deed, forms part of the extent of Ac.0.53 cents, which is an assigned land situate in Survey No. 858 of Basinikonda Village or not. If the Tahsildar confirms the fact that this land of Ac.0.26 ½ cents does not form part of Ac.0.53 cents of assigned land situate in Survey No.858, then the conveyance deed, which the writ petitioner might present, be processed further, registered and released to him. In the event the Tahsildar submits that the land in question forms part of the larger extent of Ac.0.53 cents situate in Survey No. 858 of Basinikonda Village, the 2nd respondent Joint Sub-Registrar shall, in exercise of the power available to him under Section 71 of the 1908 Act, make a necessary entry in the record and communicate the same to the petitioner thereafter. Let this exercise be accomplished by Respondents 2 and 3 within a maximum period of three months from the date of receipt of a copy of this order. With this, the Writ Petition stands disposed of at the admission stage, as consented to by the learned Government Pleader for Revenue. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 22nd July 2011 ksld