THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 5538 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the endorsement made by 4th respondent dated 11.2.2008 showing that the land situated in S.No.535 measuring Ac.4-89 cents in Kollabailu village, Madanapalle Mandal, Chittoor District as assigned land is arbitrary, illegal, unconstitutional and consequently to declare that the above land is a private patta land of the petitioners. The case of the petitioners is that they are the absolute owners and possessors of land measuring Ac.4-89 cents in S.No.535 of Gollabailu village, Madanapalle Mandal, Chittoor District. Originally, the said property belonged to one Gandluri Meera Saheb. The said Meera Saheb executed a registered sale deed in favour of one Mahaboob Bee and her husband Ali Khan, on 25.11.1929. After that, several transactions had taken place from the year 1929 till 1981. On 1.7.1981, the petitioners have purchased the said land from its rightful owner Peru Saheb under a registered sale deed, for a valuable consideration. The names of the petitioners and their vendors have been mutated in all the revenue records and pattadar passbooks and title deeds were also issued in favour of the petitioners and their vendors. The petitioners have spent huge amounts in developing the land. They dug six borewells out of which two were successful. Electrical connections were also provided in the name of the petitioners and they are irrigating the lands through those borewells. Further, they have also taken loans for drip irrigation and there are 56 coconut, 10 mango, 20 neem trees and 20 teak trees in the subject land. Besides this, the petitioners have planted number of fruit bearing plants and constructed two pucca houses and at present residing therein. While that being so, the petitioners have submitted an application for issuance of market value certificate, to the Sub- Registrar, Madanapalle. However, by endorsement dated 8.2.2008, the Sub-Registrar issued certificate stating that the entire land in S.No.535 of Kollabailu village is assigned land and he cannot assess the value of the same. Therefore, this writ petition. Respondent No.5 filed counter affidavit. In the counter it is stated that in the absence of mentioning of any pattadars names in the remarks column of the said Permanent “A” Register, it is treated as Government land. Therefore, the contention of the petitioners that the land originally belongs to Gundluru Meera Saheb is not correct. The said Meera Saheb without having any absolute rights had sold the land to third parties and the same is not valid. As seen from 10(1) account for patta No.147, Mahaboob Saheb is shown as pattadar for the land in question and in the remarks column it is written as “Konda Vagu Vidiche Sharrathu tho” (which means to say that subject to condition of leaving the natural water course coming from the hillock). This further shows that this land might have been assigned to Mahaboob Bee by the Government subject to certain conditions, one of which is shown above, and the connected A.M. file is yet to be traced out. Further, it is stated that as per 10-I Account and ‘A’ Register, the lands are shown as Government lands and even if the lands are assigned to one Mahaboob Bee and later if they were purchased by the petitioners in the year 1929, as per Section 3 of the Act 9 of 1977 i.e. A.P. Assigned Land (Prohibition of Transfer) Act, 1977, it is retrospective in nature and the same is upheld by the High Court. As the petitioners have purchased the assigned land, it cannot confer any valid rights on the petitioners in as much as the assigned lands cannot be transferred or alienated by the assignees except for self possession and enjoyment of the land. As such, the Sub-Registrar, Madanapalle has rightly endorsed that the land cannot be registered in favour of third parties and the petitioners have no right of sale or transfer in the said land. Heard both sides. Learned counsel for the petitioners strenuously contended that in all the revenue records for the last 90 years the land was shown as private land and the revenue authorities have never claimed that the same is Government land. Further, pattadar passbooks were issued in favour of the petitioners and in these proceedings also the present property is shown as private patta land. The encumbrance certificate issued by 4th respondent would clearly show that number of transactions had taken place from the year 1929 till date and the same is patta land. Whereas, learned counsel for the respondents strenuously contended that the land was assigned in favour of Mahaboob Bee and thereafter the land was purchased by the petitioners in the year 1929. Further, Act 9 of 1977 is retrospective in operation and, therefore, the endorsement made by 4th respondent- Sub-Registrar cannot be said to be either arbitrary or illegal. I have given my earnest consideration to the respective submissions made by the learned counsel on either side and perused the impugned order and other material made available on record. As noticed above, vague allegations have been made in paras 2 and 6 of the counter. Further, it is stated that the connected A.M. file is not traced out. The transactions made between 1929 and 1981 are not denied. The stand taken by the respondents is that subject land might have been assigned in favour of one Mahaboob Bee subject to certain conditions and such land ought not to have been purchased by the petitioners or their forefathers and Act 9 of 1977 is retrospective in operation and, therefore, all the purchases are null and void in the eye of law and the respondents have rightly treated it as Government land and made such an endorsement saying that the valuation certificate cannot be issued in respect of Government lands. This approach made by respondents, in my considered opinion, is pedantic in nature and does not stand the scrutiny of law. Now the law is well settled that the prohibitive Act has no application whatsoever in respect of the land for which grant was made prior to Act 9 of 1977. In this case, admittedly the first transaction refers to the year 1929. Therefore, it cannot be said that the land is an assigned land in its nature. Further, even as to the aspect of assignment made in favour of Mahaboob Bee, the respondents are not sure about it and they say that it might have been assigned in favour of Mahaboob Bee. Further, it is interesting to notice that this land is not notified as required under Section 22-A of the latest amendment to the Registration Act. Firstly, there is no proof available to the effect that it is an assigned land. Secondly, even if it is a Government land in any nature, it requires to be notified under Section 22-A of the Act. The issuance of pattadar passbooks is also not in dispute. For all the above reasons, the writ petition requires to be allowed and it is accordingly allowed and the endorsement made by 4th respondent dated 11.2.2008 is set aside and further the respondents are directed to declare that the land in question i.e. land in an extent of Ac.4-89 cents in S.No.535 of Gollapally village, Madanapalle Mandal, Chittoor district is not a Government land and it is a private patta land. No order as to costs. JUSTICE C.V. RAMULU. Date: 10-12-2009. MVB.