THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14264 OF 2010 DATED JULY, 2010 BETWEEN Kadiri Nagendra Prasad … Petitioner And The State of Andhra Pradesh, Rep. by its District Collector, Kadapa District, Kadapa and Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14264 OF 2010 O R D E R The petitioner assails the action of the Sub-Registrar (Urban), Kadapa City and District, respondent 5, in refusing to entertain the sale deed presented by him in respect of the lands admeasuring Ac.1.00 cents in Sy.No.734/1 of Utkur Village, Chinthakommadinne Mandal, Kadapa District. He seeks a consequential direction to respondent 5 to entertain the said sale deed and register the same. The subject lands were originally assigned to one Kotte Venugopal. The assignee mortgaged the said lands with the District Co-operative Central Bank, Kadapa, for the purpose of raising a loan. Owing to his default in repayment of the loan, the lands were brought to sale in E.P.No.461 of 2001-02. In the auction sale conducted on 26.03.2002, the petitioner emerged the highest bidder and the Sale Certificate in Form No.10 dated 22.05.2002 was issued in his favour. When the petitioner, being desirous of alienating the subject lands, approached respondent 5 for registration, he was informed that the said lands were entered in the official records as assigned lands and hence the document could not be entertained for registration owing to the prohibition prescribed by the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Hence, this writ petition. The issue is no longer res integra in view of the judgment rendered by a learned Judge of this Court in N.RAJA REDDY V/s. THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT[1], which stood confirmed in Appeal by a Division Bench of this Court in THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT V/s. K.GURAVAIAH[2]. The executive instructions issued by the State Government in G.O.Ms.No.471 dated 18.06.1977 which stood extended thereafter upto 18.06.1999 by G.O.Ms.No.255 dated 19.06.1997, whereby it was contended that sales could not be held by Co-operative Societies of mortgaged assigned lands after 18.06.1999, do not have the effect of overriding or prevailing over the statutory provisions contained in the Andhra Pradesh Co-operative Societies Act, 1964 and the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for brevity, ‘the Act of 1977’). This aspect has been dealt with i n extenso in my Judgment rendered in Writ Petition No.14018 of 2010. In that view of the matter, assigned lands which were mortgaged to a Co-operative Society stand exempted from the provisions of the Act of 1977, as per Section 6 thereof and no proscription, by way of executive instructions, can be introduced contrary to such exemption. Thus, such mortgaged assigned lands which thereafter were brought to sale lawfully cannot be said to be ‘assigned lands’ inviting the prohibition under the Act of 1977. The lands purchased by the petitioner therefore ceased to be assigned lands for the purposes of the Act of 1977 and the action of the revenue authorities in treating the same as such is legally unsustainable. The Writ Petition is accordingly allowed at the threshold directing the Sub-Registrar (Urban), Kadapa City and District, the fifth respondent herein, to receive and register the document submitted by the petitioner in respect of his lands in Sy.No.734/1 of Utkur Village, Chinthakommadinne Mandal, Kadapa District, in accordance with law, subject to compliance with due procedure and formalities. In the circumstances of the case, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J _________JULY, 2010 PGS [1] 2007 (5) ALD 845 [2] 2009 (2) ALD 250 (DB)