IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7254 of 2009 Between: 1 Y.Venkata Lakshmi, W/o. Y.Venkata Sivareddy, R/o. D.no.6/659, Maruthi Nagar, Ananthapur Town, Ananthapur District. 2 Y.Venkata Siva Reddy, S/o. late Thippa Reddy, R/o. D.no.6/659, Maruthi Nagar, Ananthapur Town, Ananthapur District. 3 Y.Manikanta Reddy, W/o. Y.Venkata Sivareddy, R/o. D.no.6/659, Maruthi Nagar, Ananthapur Town, Ananthapur District. ..... PETITIONERS AND 1 The District Collector, ananthapur, Ananthapur District. 2 The Revenue Divisional Officer, Ananthapur, Ananthpur District. 3 The Tahsildar, B.K.Samudram Mandal, Ananthapur District. 4 The Jont Sub-Registrar, Ananthapur, Ananthapur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not issuing No Objection Certificate for Registration of Petitioners land to an extent of land 5.37 cents in Sy.No.293, an extent of Ac.1.18 cents in Sy.No.293, an extent of land Ac.1.61 cents in Sy.No.285/3 an extent of 0.30 cents in Sy.No.294-1, 0.92 in Sy.No.294-3B and 0.13 cents in Sy.No.293 situated at Janthalur Village, Bukkaraya Samudram Mandal, Ananthapur District as illegal, arbitrary and violating the principles of natural justice and consequently direct the Respondents to issue No Objection Certificate to the petitioners land and pass such other orders. Counsel for the Petitioners: MR.N.ASWARTHA NARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 7254 of 2009 Order: The petitioners purchased various extents of lands in Survey Nos. 285/3, 293, 294-1, and 294-3B of Janthalur Village, Bukkaraya Samudram Mandal, Anantapur District, through various sale deeds. They intended to sell the property to the proposed vendors. For that purpose, they approached the 4th respondent to gather necessary particulars. The 4th respondent is said to have insisted that the petitioners must obtain ‘No Objection Certificate’ from the revenue authorities. It is in this context that the petitioners approached the 1st respondent with an application. On a report called for by the 1st respondent, the Revenue Divisional Officer, Anantapur, the 2nd respondent herein, informed that the land is being enjoyed as a patta since 1933 and the entries disclose that it was assigned earlier thereof. Petitioners state that once the land is being enjoyed as patta from the year 1933, there is no necessity of issuing of N.O.C. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The condition prohibiting alienation of the assigned lands was incorporated in the year 1958 and in all the assignments made earlier thereto, the said condition was not incorporated. Therefore, the prohibition contained under Section 22-A of the Registration Act or Sections 3 and 5 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, does not operate vis- a-vis the lands that were assigned earlier to 1958. Even from a perusal of the proceedings dated 17.1.2009, issued by the 2nd respondent, it is clear that the names of various persons are mentioned as pattedars for the lands since 1933. Further, assuming that it was assigned much earlier thereto, there does not exist any condition prohibiting transfer. Therefore, the writ petition is disposed of directing the 4th respondent to entertain and process the documents that are presented by the petitioners in respect of the lands mentioned above, without insisting on submission of ‘No Objection Certification’ from Respondents 1 to 3. No costs. _____________________ L.NARASIMHA REDDY,J Dt:7.04.2009 pnb