THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.3535 OF 2011 ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.4 in insisting on production of ‘No Objection Certificate’ (for short, ‘NOC’) for the purpose of registration of the land admeasuring Ac.2-19 cents in Sy.No.199/2 of Kakkalapalli village of Anantapur Rural Mandal, Anantapur District, as illegal and arbitrary. The petitioner sought for a consequential direction to respondent No.4 to receive and register the document presented by him without insisting on NOC. I have heard Sri K.Srinivas, learned counsel for the petitioner, and the learned Assistant Government Pleader for Revenue. The petitioner pleaded that his father was granted assignment over the land (admeasuring Ac.8.73 cents) in Sy.No.199/2 on 15.01.1951 by the then Tahsildar, Anantapur. Following the said assignment, a patta was stated to have been granted. After the demise of his father, the property was stated to have been partitioned among the petitioner and his brothers and, since then, they have been in possession and enjoyment of the same. When the petitioner along with his brothers and sisters approached respondent No.4 with an intention to present a sale deed, he declined to receive the same by insisting on NOC from respondent Nos.1 to 3. The petitioner pleaded that while no such NOC is required, there is no absolute prohibition on alienation except to the limited extent of the condition of non-alienation for a period of ten years. He has further pleaded that as the period of ten years has expired long time back, there is no embargo on the transfer of land. At the hearing, the learned counsel for the petitioner reiterated the above pleas. The learned Assistant Government Pleader for Revenue has opposed the above contentions. I have perused a copy of the ‘D’ Form patta issued in the name of K. Kannaiah, who is stated to be the father of the petitioner. Though there is a contradiction between condition No.3 and another condition, which is written in manuscript regarding prohibition on the transfer of land, the manuscript portion reads that there is a prohibition on alienation for initial ten years. Inasmuch as a specific condition has been added with manuscript, as an additional condition, it can be reasonably presumed that the same is incorporated as a special condition which will override the printed proforma condition contained in clause (3) of the patta. For the abovementioned reasons, I do not find any justification for respondent No.4 for not receiving the document and registering the same. A Mandamus therefore shall be issued to respondent No.4 to receive the document presented by the petitioner and process the same for registration in accordance with law. The writ petition is accordingly disposed of. No order as to costs. ___________________ ASHUTOSH MOHUNTA, J 18.02.2011 v v