HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20316 of 2009 Date : 24.08.2010 Between : Smt. Pitchapati Dhana Lakshmi. …..Petitioner And The District Collector, Kadapa District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20316 of 2009 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in not issuing ‘no objection certificate’ to transfer the land admeasuring Ac.1.50 guntas, covered by Sy.No.703/1A, situated at Mamillapally village of C.K.Dinne Mandal in Kadapa District, by way of gift-cum- settlement deed in favour of her daughter, as illegal and arbitrary. It is submitted by the learned counsel for petitioner that originally, the aforesaid land was assigned to a third party, who has mortgaged the said land with Primary Agricultural Co- operative Society and obtained loan. As the loan amount was not re-paid, the Society obtained an Award against the loanee and auctioned the mortgaged property. It is stated that in the auction, the petitioner has purchased the property as she was the highest bidder and sale certificate was also issued in her favour. It is the grievance of the petitioner that she is intending to transfer the aforesaid land by way of gift settlement deed, to her daughter, but the same is not being considered for registration, on the ground that it is an assigned land as per the communication sent by the Tahsildar concerned. In this writ petition, it is the case of the petitioner that though with regard to assigned lands, there is prohibition of transfer by virtue of the provisions under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, but Section 6 of the said Act gives exemption for the lands mortgaged in favour of Co-operative Societies. It is submitted that a learned Single Judge of this Court, in the orders, dated 26.07.2007, passed in W.P.No.14750 of 2007, while interpreting Section 6 of the Act, has held that the purchaser of the land in the open auction conducted pursuant to the execution proceedings initiated against the original assignee, also will have the benefit of exemption under Section 6 of the Act, and the same is confirmed by a Division Bench of this Court in the case of Sub-Registrar, Srikalahasti Vs. K.Guravaiah[1]. Even the learned Government Pleader appearing for respondents also states that the subject matter of this writ petition is covered by the aforesaid judgments. For the aforesaid reasons, as the issue is squarely covered by the judgments of this Court referred above, this writ petition is disposed of, with a direction to respondent No.3 to accept the gift- cum-settlement deed and consider for registration without raising an objection that originally the said land is an assigned land, provided the document is in accordance with the Indian Stamp Act and the Registration Act. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 24th August 2010 Note: Furnish C.C. in three days. (b/o) ajr [1] 2009 (2) ALD 250 (DB)