HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27985 of 2009 Date : 27.08.2010 Between : M.S.Krishna. …..Petitioner And The State of Andhra Pradesh, rep. by its Principal Secretary, Registration and Stamps Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27985 of 2009 ORDER : Heard learned counsel for petitioner and also the learned Government Pleader appearing for respondents. As it is submitted that the subject matter of the writ petition is covered by a Division Bench judgment of this Court, this writ petition is taken up for disposal at the stage of admission. In this writ petition, petitioner seeks directions by way of mandamus, declaring the action of respondents in not entertaining and processing the document submitted for registration in respect of the land admeasuring Ac.1-26 cents, covered by Survey No.228-1, situated at Kirekera village of Hindupur Mandal in Anantapur District, as illegal and arbitrary. Initially, the aforesaid land was assigned to one Sri V.Nanjundappa. Later, by mortgaging the aforesaid land to the Primary Agricultural Co-operative Society, Kerikera, the said assignee obtained loan. When he failed to repay the same, the society obtained award in E.P.No.894/1988-89 to recover the loan amount under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964, and thereby, the aforesaid land was put to auction. The petitioner claims to have purchased the said land in the auction conducted in the execution proceedings. It is his grievance that when he intended to sell the same, the respondents are not receiving the document for registration, only on the ground that the land in question is an assigned land. Under Section 6 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), there is an exemption in respect of assigned lands, which were mortgaged to the Co-operative societies. Whether such exemption under Section 6 of the Act will enure to the benefit of the purchasers, was considered by a learned Single Judge of this Court in N. Raja Reddy Vs. The Sub-Registrar, Srikalahasti (W.P.Nos.14743 and 14750 of 2007), wherein, it was held that for the assigned lands, which were put to auction conducted at the instance of a Co-operative Society, the exemption also enures to the benefit of the purchasers and such lands cannot be treated as assigned lands, after their purchase in the open auction. The said order of the learned Single Judge was also confirmed by a Division Bench of this Court in the case of The Sub-Registrar, Srikalahasti Vs. K. Guravaiah[1]. In that view of the matter, there is no reason for not accepting the document submitted by the petitioner and considering the same for registration. For the aforesaid reasons, I deem it appropriate to direct the respondents to accept the sale deed to be submitted by the petitioner with regard to the land admeasuring Ac.1-26 cents, covered by Survey No.228-1, situated at Kirekera village of Hindupur Mandal in Anantapur District, and consider the same for registration, without raising any objection on the ground that the land in question is an assigned land. Subject to the above directions, the writ petition is allowed. However, it is made clear that such consideration for registration shall be in accordance with the Indian Stamp Act, 1899 and the Registration Act, 1908. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th August 2010 ajr [1] 2009(2) ALD 250