THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.11535 of 2011 ORDER: Failure on the part of respondent No.4 to receive and process the document, relating to the sale of agricultural lands admeasuring Ac.3.02 cents in Sy.No.GD 474-3B, Chilamattur Village and Mandal, Anantapur District, is questioned in this Writ Petition as being illegal and arbitrary. A consequential direction is sought to respondent No.4 to receive and process the document in respect of the lands aforementioned. The petitioner claims to have purchased an extent of Ac.3.02 cents of agricultural land in Sy.No.GD 474-3B, Chilamattur Village and Mandal, Anantapur District on 12.12.2000 in a public auction conducted by the Sale Officer, Anantapur District Cooperative Central Bank, Anantapur. Thereafter the petitioner entered into an agreement with Sri Golla Nagaraju, and approached respondent No.4 to register the sale deed executed by her in favour of Sri Golla Nagaraju. The fourth respondent had refused to register the document on the ground that the subject lands were assigned lands belonging to the government. Sri S.D.Gowd, Learned Counsel for the petitioner, would place reliance on the judgment of a Division Bench of this Court in Sub Registrar, Srikalahasti v. K.Guravaiah[1] in support of his contention that when assigned lands were mortgaged in favour of a cooperative society and, on failure of the assignee to pay the mortgage money, the properties were put to auction; the purchaser in the auction would become the lawful owner of the land; and the Sub-Registrar was not justified in refusing to register the sale deed on the ground that those lands are assigned, and could not be alienated. As respondent No.4 may not be aware whether the petitioner had purchased the property in an auction conducted by the Sale Officer, Anantapur District cooperative central bank, Anantapur, Sri S.D.Gowd, Learned Counsel for the petitioner, was permitted to implead the Deputy Registrar of Cooperative Societies, Anantapur as a party respondent. An application was filed later to implead Deputy Registrar, District Cooperative Society, Anantapur as respondent No.5. When the matter was listed on 28.10.2011, Learned Government Pleader for Cooperation appeared on behalf of respondent No.5 and sought time to obtain instructions, and to produce the records. Today the Learned Government Pleader has produced the records, and would submit that the petitioner had, indeed, purchased the assigned lands in an auction conducted by the Sale Officer, Anantapur District Cooperative Central Bank, Anantapur for failure on the part of the assignee to repay the money consequent on his mortgaging the land assigned in his favour by the government; and the factum of the petitioner being the auction purchaser was intimated by respondent No.5 to respondent No.4 on 01.02.2001. Respondent No.4 was, therefore, not justified in refusing to receive the document submitted by the petitioner, and to consider his application for grant of registration in the light of the judgment of the Division Bench of this Court in K.Guravaiah1. I consider it appropriate, therefore, to direct respondent No.4 to receive and process the document for registration in accordance with law, and in the light of the judgment of the Division Bench of this Court in K.Guravaiah1 referred to hereinabove, within a period of two months from the date of receipt of a copy of this order. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:08.11.2011 Note:CC in one week bo usd [1] 2009(2) ALD 250