HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16857 OF 2010 ORDER: The petitioner filed this Writ Petition seeking directions by way of mandamus to declare the action of respondent Nos.1 to 3 in not issuing pattadar passbooks and title deeds to her land admeasuring Acs.3-76 cents in Survey No.245/3 and Acs.4-63 cents in Survey No.246/2 of Madanapalle Village, Siddavatam Mandal, Kadapa District, as illegal, arbitrary and unjust and consequently direct the respondents to issue pattadar passbooks and title deeds in her favour for the lands referred above. 2. It is the case of the petitioner that the aforesaid lands are originally assigned lands by grant of DKT patta, but the same were mortgaged to respondent No.4 for grant of loans by the original assignees and when the original assignees failed to repay the loans, said lands were auctioned by respondent No.4 on behalf of the Primary Agriculture Cooperative Society, Siddavatam and the petitioner purchased those lands in the public auction and after paying the full consideration, sale certificate was issued to her under Rule 52 of A.P. Cooperative Societies Rules, 1964 on 22-08-2006 and 21-09- 2006. 3. In this writ petition, grievance of the petitioner is that though she has made an application for issuance of pattadar passbooks and title deeds based on the sale certificate issued by respondent No.4 for the aforesaid lands, it is not being entertained on the ground that originally said lands are assigned lands. 4. Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Revenue (Assignment) appearing for respondent Nos.1 to 3 and perused the material made available on record. 5. On instructions, it is submitted by the learned Government Pleader appearing for respondent Nos.1 to 3 that no application of the petitioner is pending before the respondents whereby she requested for pattadar passbooks and title deeds for the subject lands. 6. As per the A.P. Assigned Lands (Prohibition of Transfers) Act 1977 (for short “Act 1977”), when DKT pattas were issued, the said lands are non-alienable. However, there is an exemption under Section 6 of the Act, 1977 in favour of the Cooperative Societies. Accordingly, when a land is mortgaged to the Cooperative Society and the same is sold in public auction when the assignee of that land failed to pay the loan amount, similar exemption shall be given to the purchaser of that land also. This Court has considered the prohibition contained under Section 3 of the Act 1977 in W.P. No.1770 of 2009 dated 04-02-2009 and held that purchasers of the lands, which are sold by the Cooperative Societies, also shall stand exempted with regard to condition of non-alienation. The said judgment was confirmed by a Division Bench of this Court. 7. Though it is the case of the petitioner that her application is pending for grant of pattadar passbooks and title deeds and as the same is disputed by the learned Government Pleader, I deem it appropriate to dispose of this writ petition permitting the petitioner to make a fresh application for issuance of pattadar passbooks and title deeds for the lands in question and for making necessary changes in the Record of Rights within a period of six (6) weeks from the date of receipt of a copy of this order and on such application, respondent No.3 is directed to consider such application for change of entry in the Record of Rights and also for issuance of pattadar passbooks and title deeds without reference to the objection that originally lands in question are assigned lands. It is also made clear that consideration of the said application shall be in accordance with the provisions of the Record of Rights and the Rules made thereunder. 8. Subject to the above directions and observations, the Writ Petition is disposed of. There shall be no order as to costs. ____________________ R. SUBHASH REDDY, J July 26, 2010. PV