HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.7185 of 2011 Date: March 28, 2011 Between: S. Fakroon Khan @ Fakruddin … Petitioner And 1. District Collector, Anantapur District at Anantapur and 2 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.7185 of 2011 ORDER: The grievance of the petitioner is with regard to the inclusion of his land admeasuring Ac.0.08 cents in Survey No.49/1 of Kakkalapalli village, Anantapur Mandal, in the list of lands prepared by the District Collector, Anantapur, in respect of which registration is prohibited. He seeks a consequential direction to the Sub-Registrar, Anantapur (Rural), Anantapur District, the third respondent, to receive and register his document in respect of the subject land. 2. The matter is squarely covered by the order dated 16.02.2009 passed by this Court in W.P. No.19419 of 2008. The said writ petition also pertained to an extent of land situated in Survey No.49/1 of Kakkalapalli village, which stood on an identical footing to the subject land in the present case. 3. Both the lands were assigned prior to G.O.Ms.No.1142 dated 18.6.1954, which introduced for the first time a condition of inalienability in respect of assigned lands. This Court, taking into account the said aspect, directed the Registration Authority to entertain the document in respect of that land without reference to the claims of the Revenue Authorities. 4. Pertinent to note, the Tahsildar, Anantapur, himself addressed letter dated 02.4.2008 to the District Collector, Anantapur, referring to the fact that there was no condition of inalienability attached to the assignment in respect of the subject land made prior to the issuance of G.O.Ms.No.1142 dated 18.6.1954. That being so, there is no reason as to why the land of the petitioner should be treated any differently than the land covered by the adjudication by this Court in W.P. No.19419 of 2008. The inclusion of the petitioner’s land by the District Collector, Anantapur, in the list of lands relating to which registration is prohibited, ignoring the above aspect therefore cannot be countenanced. 5. The writ petition is accordingly allowed directing the exclusion of the land in Survey No.49/1 of Kakkalapalli village, Anantapur Mandal, from the list of lands provided by the District Collector, Anantapur, in respect of which registration of documents is prohibited and directing the Sub-Registrar, Anantapur (Rural), Anantapur District, the third respondent, to receive, register and deliver in accordance with the due procedure the documents presented by the petitioner in respect of the subject land. In the circumstances, there shall be no order as to costs. __________________ SANJAY KUMAR, J Date: March 28, 2011. Note: Issue C.C. in three days. //B.O.// BSB