HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.30568 of 2010 Date : 7-12-2010 Between : Tandra Teresamma .. Petitioner And The State of Andhra Pradesh, Represented by District Collector, Visakhapatnam and others .. Respondents Counsel for petitioner : Sri P.Laxma Reddy Counsel for respondents : Assistant Government Pleader for Revenue The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent No.3 in not receiving and registering the document presented by the petitioner in respect of land admeasuring Ac.4-59 cents in Sy.No.371/1 of Kapuluppadu village, Bheemunipatnam Mandal, Visakhapatnam District as illegal and arbitrary. The petitioner is the widow of one Sri Nandaiah, an Ex- Service man who served the Indian Army and participated in II World War. The Government has assigned the above mentioned land under Ex-Service men quota on 17-11-1992. The petitioner’s husband died on 19-9-2005 and the petitioner has succeeded to the said land thereafter on her husband’s death. When the petitioner sought to alienate the said land and present a sale deed before respondent No.3, he is stated to have refused to receive the same on the ground that it is an assigned land. The petitioner has pleaded that under G.O.Ms.No.1117, Revenue (Assignment-I) Department, dated 11-11-1993, it is clarified that the Ex-Service men are free to sell away their assigned lands after ten years of the assignment. At the hearing, learned Assistant Government Pleader for Revenue has not disputed the existence of G.O.Ms.No.1117, dated 11-11-1993 or its purport. Inasmuch as the assignment made in favour of the husband of the petitioner was under Ex-Service men quota, as evident from the copy of the patta and in view of G.O.Ms.No.1117, dated 11-11- 1993, the petitioner is entitled to sell the land as ten years period from the date of assignment has expired. In this view of the matter, respondent No.3 is directed to receive the document that may be presented by the petitioner and register the same in accordance with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899. Subject to the above directions, the Writ Petition is allowed. ____________________ C.V.Nagarjuna Reddy.,J Date : 7-12-2010 AM