THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.25072 of 2010 ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. In this writ petition, petitioner seeks a mandamus declaring the action of the respondents in not entertaining the sale deeds submitted by him in respect of lands admeasuring Acs.0.41 cents, Ac.0.92 cents, Ac.1.86 cents, Ac.1.88 cents and Acs.2.30 cents covered by Survey Nos.251/1, 277/3, 456/1, 431/3 and 268/2 respectively of Valigatla Village, Somala Mandal, Chittoor District, as illegal and arbitrary. It is the case of the petitioner that he is owner and possessor of aforesaid lands. It is stated that originally, the said lands were assigned by issuing DKT patta but the same were mortgaged by the original assignee to Punganur Cooperative Agricultural Development Bank Limited, Punganur, and obtained loan amount. It is further stated that when the loan amount was not repaid by the original assignee, steps were taken to execute the decrees obtained by the said Bank and in the said process, aforesaid lands were put to auction. It is his further case that he purchased aforesaid lands by participating in the auction conducted on 24.07.1987 in execution of the decrees against the original assignee. It is also his case that he was given sale certificate, dated 21.09.1987 under the Andhra Pradesh Cooperative Societies Act, 1964 and the Rules made thereunder. It is the grievance of the petitioner that when he intends to sell aforesaid lands and submitted documents for registration, the second respondent is not accepting the same for registration solely on the ground that they are assigned lands as such they cannot be alienated. 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 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 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]. In view of judgment of the Division Bench of this Court in K.GURAVAIAH’s case (1 supra), the second respondent cannot refuse to accept and register the documents submitted by the petitioner in respect of the lands referred to above on the ground that they are assigned lands. 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. In view of the contentions advanced by the learned counsel for the parties and taking into account the judgment of the Division Bench of this Court as referred to above, I deem it appropriate to direct the second respondent that if the petitioner presents documents for registration with regard to sale of aforesaid lands, the same shall be accepted and considered for registration without raising any objection on the ground that the said lands were originally assigned ones. 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 and observations, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 8th NOVEMBER, 2010. kvni [1] 2009(2) ALD 250