THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.9352 OF 2011 ORDER: Petitioners, three in number, have filed this Writ Petition to declare the action of the 3rd respondent (Tahsildar, Chilamattu Mandal, Anantapur District) in not considering their request for grant of NOC to sell agricultural lands of an extent of Ac.4.70 cts in Sy. No.208-2A, and Ac.5.00 in Sy. No.208-2B, situated in Chilamattu village and Mandal of Anantapur District as arbitrary and illegal. They seek a consequential direction to the 4th respondent to effect registration of transfer of the said land. Facts, in brief, are that an extent of Ac.4.70 cts in Chilamattu village was assigned to Sri Adimurthy Reddy on 12.02.1968. Likewise an extent of Ac.5.00 cts in Sy. No.208-2B of Chilamattur village was assigned to Jayarami Reddy on 21.12.1967. According to the petitioners, the third petitioner’s grand father purchased an extent of Ac.4.70 cts from Adimurthy Reddy for valuable consideration in 1968, and the grand father of petitioners 1 and 2 and the third petitioner’s grand father jointly purchased Ac.5.00 cts in Sy. No.208-2B. The petitioners belong to the Scheduled Castes and claim to be landless poor persons as on the date of purchase of the aforesaid extents of land. It is their case that they purchased the land for valuable consideration and in good faith; an extent of Ac.3.24 cts fell to the share of each of the petitioners during partition; and, in order to meet the cost of education of their children and for other financial reasons, they had approached the 4th respondent to effect registration; the 4th respondent, however, refused to do so on the ground that the land in question is assigned land; since they are landless poor persons, Section 3(5) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (A.P. Act 9 of 1977) would come to their aid; and the rigour of Section 3 of the said Act would not apply. Sri S.D. Gowd, Learned Counsel for the petitioners, would submit that it would suffice if this Court were to direct the 3rd respondent to enquire and satisfy himself about the petitioner’s grand father fulfilling the requirements of Section 3(5) of A.P. Act 9 of 1977 i.e., of their being landless poor persons; and to have purchased the land in good faith and for valuable consideration from the original assignee prior to the commencement of the Act; and the petitioners were not pressing for a direction to the 4th respondent to receive and register the transfer. The fact that these lands are assigned lands is admitted in the counter affidavit filed on behalf of the 4th respondent. The question as to whether the petitioners are entitled for the protection of Section 3(5) of A.P. Act 9 of 1977 is a matter for examination by the 3rd respondent. It is only if the transfer of assigned land took place before the A.P. Act 9 of 1977 came into force and if the purchasers of assigned land are (1) landless poor persons; (2) they had purchased the land in good faith and for valuable consideration from the original assignee; and (3) the land is in possession of such persons for the purpose of cultivation or as house site on the date of commencement of A.P. Act 9 of 1977; would the petitioners be entitled to claim the protection of Section 3(5) of A.P. Act 9 of 1977. As this is a matter for enquiry by the 3rd respondent, I consider it appropriate to dispose of the Writ Petition permitting the petitioners to submit a detailed representation in this regard to the 3rd respondent within two weeks from today enclosing thereto all supporting material in proof of their grand fathers having purchased the assigned lands before A.P. Act 9 of 1977 came into force; of the purchasers of the land being landless poor persons; of the purchasers having purchased the assigned land in good faith and for valuable consideration; and of the purchasers having utilizing the said land either for the purpose of cultivation or as house sites as on the date of commencement of the Act. In case such a representation is submitted within the time stipulated hereinabove, the 3rd respondent shall consider the same in accordance with law, pass orders thereupon, and communicate the same to the petitioners within a period of two months from the date of receipt of the representation. No costs. RAMESH RANGANATHAN,J Date: 11.10.2011 MRKR