IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9281 of 2009 Between: Kanchi Sankaraiah S/o.Edukondalu Resident of Repalle Village, Celampadu Post Srikalahasti Mandal, Chittoor District. ..... PETITIONER AND 1 The Commissioner and Inspector General of Registration and Stamps, near R.T.C. Cross Roads, Hyderabad. 2 The Sub-Registrar, Registration and Stamps, Department, Srikalahasti, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ, order or direction, particularly one in the nature of the Writ of Mandamus, declaring the action of the 2nd respondent in not considering the case the petitioner for Registration and Sale of his lands in favour of third parties is arbitrary, unreasonable and consequently direct the respondents to receive the Documents pertaining to the lands of the petitioner to an extent of Ac.4-94 cents in Survey Number 291-1, an extent of Ac. 1-80 cents in S.No. 266-1 an extent of Ac. 5-07 cents in S.No. 291-2, an extent of Ac.4.58 cents in S.No. 435-2, an extent of Ac. 0-32 cents in S.No. 291-3, and an extent of Ac. 5-37 cents in S.No. 435-3 totalling an extent of Ac.22.18 cents of Inagaluru Village, Srikalahasti Mandal, Chittoor District for Registration and Sale of his lands in favour of the third parties and to pass. Counsel for the Petitioner:MR.K.MURALIDHAR REDDY Counsel for the Respondent No.: GP FOR REVENUE THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 9281 of 2009 ORDER: The petitioner claims to have purchased Ac.22.18 cents in various survey numbers in Inagaluru Village, Srikalahasti Mandal, Chittoor District, in the year 2001 from different Ex-servicemen, who are assigned the said lands. He intended to sell the same and, accordingly, got issued a notice dated 03.11.2008. The second respondent replied by stating that the matter is under verification by the Mandal Revenue Officer, Srikalahasti, as regards the nature of assignment etc. and that further action will be taken soon after clarification is received. The petitioner feels aggrieved by the inaction of the second respondent. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The petitioner does not dispute that the lands were assigned. Naturally, the prohibition contained under Section 22-A of the Registration Act and Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 gets attracted. However, if the assignment is in favour of the Ex-servicemen, the prohibition ceases to be operative on expiry of ten years from the date of assignment in view of G.O.Ms.No.117 dated 11.11.1993. Unless the Mandal Revenue Officer certifies that the assignment was in favour of an Ex-servicemen and the transfer took place in favour of the petitioner after expiry of ten years, the document cannot be admitted for registration. The verification of this nature should not take such a long time. Hence, the writ petition is disposed of directing the third respondent-Tahasildar, Srikalahasti to clarify- 1. a. Whether the lands, in respect of which documents are presented, are assigned in favour of an Ex-servicemen. b. Whether the alienation thereof has taken place after expiry of ten years. 2. In case, the answer from the third respondent is positive on those aspects, the second respondent shall process the document presented by the petitioner without applying the prohibition contained under Section 22 of the Registration Act and Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977. No order as to costs. L.NARASIMHA REDDY,J Dt:30.04.2009 usd