THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18415 of 2010 ORDER: In this writ petition, petitioner seeks a mandamus declaring the action of the respondents in refusing to accept and register a document with regard to sale of land admeasuring Acs.5.10 cents covered by Rs.No.1321/6 of Chintalapudi Village and Mandal, West Godavari District, as illegal and arbitrary. It is the case of the petitioner that he is the owner and possessor of the aforesaid land. It is stated that originally, the said land was assigned by issuing DKT patta but the same was mortgaged by the original assignee to the District Cooperative Central Bank, Eluru, and obtained loan amount. It is further stated that when the loan amount was not repaid by the original assignee, the Bank obtained award against the loanee and sold the mortgaged property by way of auction. It is his further case that he purchased the aforesaid land by participating in the auction conducted by the Deputy Registrar/Special Officer of the Bank, Eluru, in 1999 and paid the amount. The sale was confirmed in his favour and he was issued pattadar passbooks. It is the grievance of the petitioner that though he purchased the aforesaid land in the open auction conducted by the Deputy Registrar/Special Officer of the Bank, the respondents are not accepting the document for registration only on the ground that the aforesaid land was an assigned one. It is submitted that when the petitioner filed a representation seeking valuation certificate, on the very representation itself, there was an endorsement stating that as much as the land in question was an assigned one, the same cannot be considered for registration. There is a prohibition for transfer of assigned lands under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). Under Section 6 of the Act, there is an exemption with regard to the lands, which were mortgaged in favour of the cooperative society. I n N.RAJA REDDY AND OTHERS v. THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT AND OTHERS (W.P.No.14743 and 14750 of 2007), the learned Single Judge of this Court has taken the view that the benefit of exemption under Section 6 of the Act will also enure to the benefit of the purchaser of such land in the open auction conducted by the Special Officer/Deputy Registrar in the execution proceedings against the original loanee. The said view was also confirmed by the Division Bench of this Court in THE SUB- REGISTRAR, SRIKALAHASTI, CHITTOOR v. K.GURAVAIAH [1] . On the other hand, on instructions, it is submitted by the learned Assistant Government Pleader for Revenue appearing for the respondents that the petitioner has not presented any document for registration. But, a perusal of the endorsement made by the first respondent on the representation filed by the petitioner clearly shows that as much as the land in question was an assigned one, the same cannot be considered for registration. For the foregoing reasons and in view of the judgment of this Court as referred to above, I deem it appropriate to direct that if the petitioner presents a document for sale of the aforesaid land, the same shall be accepted and considered for registration without raising any objection on the ground that the said land was originally an assigned one. It is made clear that such consideration shall be in conformity with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 3rd AUGUST, 2010. Note: issue c.c. in three (3) days. kvni [1] 2009(2) ALD 250