HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19312 of 2010 Dated: 06-08-2010 Between: L. Sarveswara Reddy & another. … Petitioners And The State of A.P., rep. by District Collector, Chittoor District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19312 of 2010 ORDER: Heard learned counsel for the parties. As it is submitted that the subject matter of the writ petition is covered by a judgment of the Division Bench of this Court, this writ petition is taken up for disposal at the stage of admission. In this writ petition, the petitioners seek for directions by way of mandamus, declaring the action of respondents in not entertaining and processing the document submitted for registration in respect of the lands admeasuring Ac.1.70 cents in Sy.No.549, Ac.1.20 cents in Sy.No.550/1, Ac.1.12 cents in Sy.No.682/1, Ac.4.88 cents in Sy.No.682/4, Ac.2.55 cents in Sy.No.682.5 and Ac.2.84 cents in Sy.No.701, situated at Valasapalli village of Madanapalle Mandal in Chittoor District, as illegal and arbitrary. Initially, the aforesaid lands were assigned to one Sri N. Rama Krishnaiah, Smt.V.Sulochanamma and Sri N.Bhakthavatsalam of Valasapalle village of Madanapalle Mandal in Chittoor District. By mortgaging the aforesaid lands to the Chittoor District Co-operative Central Bank Ltd., Madanapalle, they obtained loans. When they failed to repay the same, the Bank obtained awards to recover the said amounts under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964. In E.P.Nos.156/1989-90 and 738/1979-80, and thereby, the aforesaid lands were put to auction. The petitioners claim that they have purchased the aforesaid lands in the auction conducted in the execution proceedings. It is their grievance that when they intend to sell the same, the respondents are not receiving the documents to register the same, only on the ground that they are assigned lands. Under Section 6 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), there is an exemption in respect of assigned lands, which were mortgaged to the Co-operative society. Whether such exemption under Section 6 of the Act will enure to the benefit of the purchasers was considered by a learned Single Judge of this Court in N.Raja Reddy and others v. The Sub-Registrar, Srikalahasti, Chittoor District and others (W.P.Nos.14743 and 14750 of 2007) and the learned Single Judge held therein that for the assigned lands, which were put to auction conducted at the instance of the Society, the exemption also enures to the benefit of the purchasers and such lands cannot be treated as assigned ones after their purchase in the open auction. The said order of the learned Single Judge was confirmed by a Division Bench of this Court in The Sub- Registrar, Srikalahasti, Chittoor v. K.Guravaiah[1]. In that view of the matter, there is no reason for not accepting the documents submitted by the petitioners and considering the same for registration. For the aforesaid reasons, I deem it appropriate to direct the respondents to accept the sale deeds to be submitted by the petitioners with regard to the subject lands covered by Survey Nos.549, 550/1, 682/1, 682/4, 682.5 and 701, and consider the same for registration without raising any objection on the ground that they are assigned lands. Subject to the above directions, the writ petition is allowed. However, it is made clear that such consideration for registration shall be in accordance with the Indian Stamp Act, 1899 and the Registration Act, 1908. No order as to costs. ______________________ R. SUBHASH REDDY, J 6th August 2010 ajr [1] 2009(2) ALD 250