THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 23723 of 2008 Oral order: Petitioner No.1, who filed affidavit in support of the writ petition states that their father was assigned land in an extent of Acs. 10.00 in Sy. No. 219 of Nemergomula village, Bibi Nagar Mandal, Nalgonda, vide proceedings dated 31.12.1955, and since then he was in possession and enjoyment of the same. That Sethwar was also issued in File No. 43/67/60/A2 in relation to the total land in Sy. No. 219, in an extent of Acs. 301.19 gts., which was subdivided from 219/1 to 219/20, and that the land in question, was assigned Sy. No. 219/5. He states that he and his brothers, namely petitioner Nos. 2 to 4, having succeeded to the said property after the death of their father, entered into an agreement of sale with petitioner No.5 on 05.08.2008, and that thereafter, when they presented the said document for registration, respondent No.3, namely the Sub Registrar, Bibi Nagar, refused to receive and register the said document on the ground that respondent No.1, namely the District Collector, Nalgonda, has issued instructions not to entertain any documents in respect of the land in question for registration as the land is an assigned land. Therefore, aggrieved by such action of respondent No.3, the petitioners filed the present writ petition. The learned counsel for the petitioners submitted that except the properties that are notified under Section 22-A of the Registration Act, 1908, which are prohibited from being registered, respondent No.3 has no power whatsoever to refuse to receive and register the documents presented for registration, and more so on the instructions of respondent No.1. He further submitted that respondent No.2, namely the Revenue Divisional Officer, Bibi Nagar, having considered the question whether the land in Sy. No. 219 is an assigned land and whether there is any prohibition from alienating the same, held that the assignment having been made without any condition of non- alienability, the same can be sold/alienated by the assignees. The learned Assistant Government Pleader for Revenue appearing on behalf of the respondents that the Government vide G.O. Ms. No. 1406 dated 25.07.1958 introduced a clause prohibiting sale of assigned lands. He, however, submitted that in similar circumstances, this Court in W.P. No. 15078 of 2008 vide order dated 16.07.2008, disposed of the said writ petition holding that the said G.O. has no application to the lands that were assigned in the year 1955 and directed the Sub-Registrar to register the sale deed presented by the petitioner, if the same was otherwise in order. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents. Admittedly, the land in question was assigned to the father of petitioner Nos. 1 to 4 in the year 1955, and as such, the provisions of G.O. Ms. No. 1406, dated 25.07.1958, which introduced a clause prohibiting sale of assigned lands, is not applicable to the land in question, and therefore, no embargo can be placed for alienation of the land in question. Hence, the action of respondent No. 3 in refusing to register the document presented by the petitioners in respect of the land in question for registration on the ground that respondent No.1 has issued instructions not to entertain any document for registration in respect of the land in question as the same is an assigned land, cannot be sustained. In fact, as admitted to by the learned Assistant Government Pleader for Revenue similar writ petition in W.P. No. 15078 of 2008, was disposed of by this Court vide order dated 16.07.2008, holding that the said G.O. has no application to the lands that were assigned in the year 1955 and directed the Sub-Registrar to register the sale deed presented by the petitioner, if the same was otherwise in order. In the circumstances, following the said judgment and for the reasons stated above, this writ petition is also disposed of with the following directions: Respondent No.3, is directed to receive and register the documents to be presented by the petitioners for registration, without taking the objection that the land in question is an assigned land, and process and register the same in accordance with law, if the same is otherwise in order. No costs. _________________ N.V. RAMANA, J. Date: 11th November, 2008. KSR