THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20763 of 2010 ORDER: In this writ petition, petitioner seeks the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 1 to 3 in treating the agricultural dry land admeasuring Acs.5.09 cents in Sy.No.784-3 of Mudupulavemulavaripalle, H/o Yerraguntlapalle Village, Piler Mandal, Chittoor District as DKT/Assigned land and refusing to entertain any sale deed in respect of the said land, in spite of granting pattadar passbook and title deed in favour of the petitioner, as arbitrary, illegal, unjust, colourable exercise of power, non-application of mind to the relevant material available, violative of the Fundamental Rights guaranteed under Articles 14 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India, apart from being contrary to the judgments of this Hon’ble Court as well as the judgments of the Hon’ble Supreme Court and consequently direct the respondents 1 to 3 to accept the sale deed for registration in respect of the aforesaid property.” Originally, the said piece of land was assigned to one Sri S.Basha Saheb. He mortgaged the said property to the Primary Agricultural Cooperative Society, Piler, and obtained loan. When he failed to repay the said loan amount, the society, through which, the original assignee availed the loan, has taken steps to recover the said amount and obtained award under Section 71 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’) in Order No.LT.1603/93-94, dated 05.03.1994. To execute the said award, the aforesaid piece of land was put to auction, in which, one Sri M.Subba Reddy has purchased the same on 03.06.1996. Accordingly, a sale certificate was issued in his favour. It is the case of the petitioner that he has purchased the land in question from the said Subba Reddy by a registered sale deed, dated 14.9.2001, vide document No.1644/2001. Since then, he has been in actual and physical possession of it. It is stated that based on the same, the respondents have issued pattadar passbooks and title deeds in favour of the petitioner. It is his grievance that he intends to sell the said property, and the respondents are not accepting the document for registration on the ground that any such transfer will amount to violation. Under Section 6 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, there is an exemption clause provided for with regard to the lands, which are mortgaged to the cooperative societies. In N.RAJA REDDY AND OTHERS v. THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT AND OTHERS (W.P.No.14743 and 14750 of 2007) , the learned Single Judge of this Court has taken the view while interpreting Section 6 of the said Act that benefit of exemption will be extended to the purchaser of the assigned land in an auction conducted in execution of the award under the provisions of the Act. The said order was confirmed by the Division Bench of this Court in THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR v. K.GURAVAIAH[1]. Even the learned Assistant Government Pleader for Revenue appearing for the respondents, states that in view of purchase of the land in question by the vendor of the petitioner in the open auction, the restriction for non-alienation cannot be applied and the said land cannot be treated as an assigned one for the purpose of transfer. It is fairly submitted that the order of this Court as referred to above covers the issue in favour of the petitioner. In that view of the matter, I deem it appropriate to direct that in case the petitioner submits the document for registration in respect of the aforesaid land, the respondents shall accept and consider the same for registration by treating the said land as not an assigned one, provided that the said document is in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 20th AUGUST, 2010. kvni [1] 2009(2) ALD 250