THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13406 of 2010 Dated 07th October, 2010 Between: K. Thyagarajan …Petitioner And The Sub-Registrar, Chittoor, and others …Respondent Counsel for the petitioner: Mr. T. Balaji Counsel for respondents: Assistant Government Pleader for Revenue The Court made the following: ORDER: This writ petition is filed for a Mandamus to set aside the order dated 31.05.2010 passed by respondent No.1. The petitioner, who is an intending purchaser of land admeasuring Acs.6.00 in survey No.103 of Jangalapalli Village, Yadamari Mandal, Chittoor District, approached respondent No.1 for issuance of valuation certificate for the purpose of payment of stamp duty for registration of the sale deed. The petitioner also approached respondent No.3 for issuance of ‘No Objection Certificate’. Respondent No.3 in his report dated 24.08.2009 submitted to respondent No.2 while referring to the details regarding title over the property in question recommended for issuance of patta land certificate. However, by the impugned order, respondent No.1 has issued a ‘Nil’ valuation on the ground that the land is classified as ‘DKT’. Separate counter-affidavits had been filed by respondent No.1 and respondent Nos.2 and 3. In both these counter-affidavits, it is, inter alia, stated that the land was originally assigned in the year 1931 and therefore, the same is treated as assigned land. The provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 would get attracted to the assigned lands covered by the pattas, which contain a condition of non- alienation. Neither of the respondents in their counter-affidavits has stated that the assignment made as far back the year 1931 is prohibited from alienation. It is not in dispute that for the first time by G.O.Ms.No.1142 issued in the year 1954, the State Government has prohibited alienation of assigned lands. In my opinion, unless the patta under which assignment is made contains a condition of non- alienation, the land covered by the said patta is alienable and no fetters in that regard can be placed by the respondents. There is neither a pleading nor any material is placed on behalf of the respondents to show that the assignment made in the year 1931 in respect of the abovementioned land contains any such condition of non-alienation. Therefore, respondent No.1 is legally unjustified in not entertaining the request of the petitioner for issuance of valuation certificate for the purpose of registration. In the above premise, the Writ Petition is allowed. Respondent No.1 is directed to receive the document to be presented by the petitioner and take necessary steps for registration of the same in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899. As a sequel to disposal of the writ petition, W.P.M.P.No.16896 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 07th October, 2010 GHN