HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23091 of 2010 Date 19.10.2010 Between: Syed Abdul Subhan. ..... PETITIONER AND The Joint Sub-Registrar, Kadapa, Kadapa District and another. .....RESPONDENT Counsel for the petitioner :Sri K.Rathanga Pani Reddy Counsel for the Respondents :Assistant Government Pleader of Revenue HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23091 of 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in keeping the sale deed dated 17.05.2007 pending registration as illegal and arbitrary. I have heard Sri K.Rathanga Pani Reddy, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Revenue representing the respondents. An extent of Ac.0.05 cents comprised in plot No.60, block No.4, in Sy.No.1043 of Sainik Nagar, Chinnachowk Gram Panchayat, Kadapa District was assigned to one Mohd. Hussain, an Ex-serviceman, and was granted patta on 18.09.1980. After his death, his widow succeeded to his property. Condition No.9 of the patta envisaged that the property shall not be transferred in any manner for a period of ten years from the date of grant. In the year 2007, the petitioner purchased the said property from the widow of the original assignee and presented the document before respondent No.1 for registration. Having received the said document along with stamp duty and registration fees, respondent No.1 kept the same pending on the ground that the said land is included in the list furnished by respondent No.2. The petitioner has, therefore, filed the present Writ Petition questioning the said action. Learned Assistant Government Pleader for Revenue, on instructions, submitted that as the property is classified as “Konda Poramboke”, respondent No.2 has included the same in the prohibited list and communicated to respondent No.1. In my opinion, unless the provisions of Section 22(a) of the Registration Act, 1908 are attracted, respondent No.1 cannot refuse to register the document. It is not the case of the respondents that the land continues to be the government land in view of the admitted fact that the same was assigned to the husband of the vendor under ex-servicemen quota. Therefore, irrespective of the classification of the land originally made, so long as the patta remains in force, the respondents cannot prevent the assignee from alienating the land, as such alienation is permitted under clause 9 of the patta conditions on the expiry of ten years of the grant of patta. Admittedly, as ten years period has expired, prohibition on alienation does not any longer continue. In this view of the matter, the Writ Petition is allowed and respondent No.1 is directed to register the document and release the same to the petitioner subject to the parties to the document complying with the legal requirements under the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. As a sequel to disposal of the main petition, WPMP.No.29467 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Date:19.10.2010 usd