THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.17445 of 2009 DATED: 21.08.2009 Between: Smt.Gangamma and another .. Petitioners. And The State of Andhra Pradesh Rep. by its Principal Secretary, Registration and Stamps Department, Secretariat, Hyderabad, and others. .. Respondents. ORDER: It appears, the 1st petitioner purchased the assigned lands bearing Sy.No.43-5 admeasuring Ac.2.20 cents and Sy.No.44-2 admeasuring Ac.2.89 cents situated in Gollapuram Revenue village, Hindpur Mandal, Anantapur District, and also petitioner No.2 purchased the assigned land to an extent of Ac.4.01 cents in Sy.No.11-4 of the same village, Mandal and District, in a public auction conducted by the 5th respondent-Deputy Registrar, Officer on Special Duty, Ananthapur District Coopertive Central Bank Limited, Ananthapur, for realization of the due amounts payable by the original assignees/loanees, who mortgaged the said assigned lands for the purpose of obtaining loan. Pursuant thereto, sale certificates were also issued in the favour of the petitioners by the 5th respondent and pattadar passbook and title deeds were issued by the 4th respondent- Tahsildar, Hindupur Mandal, Anantapur District. Subsequently, when the petitioners wanted to sell the aforesaid lands in favour of third parties, the 3rd respondent, namely, the Sub-Registrar, Hindupur, Anantapur District, refused to entertain the sale deeds for registration on the ground that the said lands are assigned lands and, as such, they cannot be alienated. Being aggrieved by the said refusal, the petitioners filed the writ petition. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. It is an undisputed fact that the original assignees can raise money by mortgaging the assigned land, for the purpose of obtaining agricultural loans. In the instant case, admittedly, the lands in question were assigned lands and the original assignees mortgaged the same for obtaining loans and when they could not repay the mortgage money, the proceedings under the provisions of the Co-operative Societies Act were initiated for recovery of the due amount and, ultimately, the lands in question were sold in auction to the petitioners. Thus, the transaction in pursuance of which the lands in question had been purchased by the petitioners was valid and, as such, the title obtained by the petitioners by way of auction in respect of the assigned lands cannot be denied and transfer of such title in favour of the third parties also cannot be rejected. Therefore, the action of the 3rd respondent in not accepting the documents presented by the petitioners in respect of the subject lands is declared as illegal and arbitrary. For the aforesaid reasons, the writ petition is allowed directing the 3rd respondent to register the documents presented by the petitioners in respect of the lands bearing Sy.No.43-5 admeasuring Ac.2.20 cents, Sy.No.44-2 admeasuring Ac.2.89 cents and Sy.No.11-4 admeasuring Ac.4.01 cents situated in Gollapuram Revenue village, Hindpur Mandal, Anantapur District, as per the provisions of Stamps & Registration Act. _____________ C.V.RAMULU,J 21.08.2009 v v