THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.13779 of 2010 Date: 18.06.2010 Between: Rudraraju Venkatarama Raju … Petitioner AND The Tahsildar, Obulavaripalli Mandal, Kadapa District. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.13779 of 2010 ORDER: The petitioner challenges the proceedings dated 30.04.2010 issued by the Tahsildar, Obulavaripalli Mandal, Kadapa District rejecting the request of the petitioner for issuance of pattadar passbook and title deed under the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 on the ground that the land in question is DKT land, which was purchased by the petitioner in an auction sale conducted by the District Co-operative Central Bank Limited, Kadapa, and as DKT land should not be so transferred. 2. Sri E. Peddanna, learned counsel for the petitioner placed reliance on the reported decision of a learned single Judge of this Court in N. Raja Reddy and others v. Sub-Registrar, Srikalahasthi, Chittoor District and others[1], which was confirmed in appeal by a Division Bench in The Sub-Registrar, Srikalahasthi, Chittoor v. N. Raja Reddy[2]. This court, by way of the aforesaid judgments, held that the exemption under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’) would apply to assigned lands which were mortgaged with any co-operative society and thereafter sold by the society in pursuance of such mortgage. It is an admitted fact that the petitioner herein purchased the subject DKT land in the auction sale conducted by the Kadapa District Co- operative Central Bank Limited. This sale was consequent upon the mortgage of the subject DKT land which was assigned to one M. Jayarama Raju. 3. In view of these established facts and the aforesaid legal position, it is clear that the subject DKT land ceased to be ‘assigned land’ in view of the exemption u/s.6 of the Act. That being so, the rejection of the petitioner’s request for sanction of mutation and issuance of proceedings under the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 on the ground that the land was assigned and could not be transferred, cannot be countenanced. 4. The writ petition is accordingly allowed setting aside the proceedings of the Tahsildar, Obulavaripalli Mandal in reference No.A/132/2010, dated 30.04.2010. There shall be a consequential direction to the Tahsildar, Obulavaripalli Mandal to consider the petitioner’s application for grant of pattadar passbook and title deed in respect of the subject land in accordance with the provisions of the Act. No costs. __________________ SANJAY KUMAR, J Date: 18.06.2010 Note: Issue CC in one week B/o. Isn [1] 2007 (5) ALD 845 [2] 2009 (2) ALD 250