THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17400 of 2010 ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. This writ petition is filed seeking a mandamus declaring the action of the first respondent – Sub-Registrar, Siddavattam, Kadapa District, in refusing to receive and register the document executed by the petitioner alienating the lands admeasuring Ac.1.92 cents, Ac.1.99 cents, Ac.4.94 and Ac.3.04 cents (total Acs.11.89 cents) covered by Survey Nos.930/1, 930/2, 930/1 and 924 respectively of Siddavattam Village, Kadapa District, in favour of Sri Gopalaswamy Educational Society, Siddavattam, as arbitrary and illegal. Originally, aforesaid lands were assigned to Anne Lakshamamma, Ana Narasimhulu and Ana Ramaiah and DKT pattas were issued in their favour. By mortgaging the aforesaid lands to the District Cooperative Central Bank, Kadapa (for short ‘the Bank’), they availed loan facility. As they failed to repay the same, steps were taken to sell the mortgaged lands under Rule 52 of the Andhra Pradesh Cooperative Societies Rules, 1964 (for short ‘the Rules’) and thereby, the aforesaid lands were put to auction by the Bank, the petitioner purchased the same and the sale certificates were also issued to him under Sub-Rule 14(v) of Rule 52 of the Rules. It is the case of the petitioner that he became the owner of the aforesaid lands by virtue of his purchase in the auction conducted by the Bank in the execution proceedings initiated against the original owners. Now, he intends to sell the aforesaid lands in favour of Sri Gopalaswamy Educational Society, Siddavattam. It is his grievance that when he presented a document for registration, the registering authority has not receiving the same on the ground that the aforesaid lands are assigned ones and entries were also made to that effect on the pattadar pass book issued to him. As per the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), there is a prohibition of transfer of lands assigned to the landless poor persons by the State of Andhra Pradesh. However, under Section 6 of the Act, there is an exemption in respect of the assigned lands held on mortgage by the State or Central Government, any local authority, a cooperative society, a scheduled bank etc. When the lands, which were mortgaged to a cooperative society, were sold under open auction, the question, namely, whether exemption under Section 6 of the Act will enure to the benefit of the purchasers of the said lands, fell for consideration before the learned Single Judge of this Court in N.RAJA REDDY AND OTHERS v. THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT AND OTHERS (W.P.No.14743 and 14750 of 2007), in the common order of which, it was held that benefit of exemption will also extend to the purchasers of the lands sold in the open auction conducted by the cooperative society. The said common order was confirmed by the Division Bench of this Court in THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR v. K.GURAVAIAH[1]. On instructions, it is submitted by the learned Assistant Government Pleader for Revenue that the said documents were not accepted for registration only on the ground that the aforesaid lands are assigned ones initially. In view of the common order referred to above, as the petitioner purchased the aforesaid lands in the auction conducted by the Bank, which is also a society under the Andhra Pradesh Cooperative Societies Act, 1964, the said lands stand exempted from prohibition of alienation under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. For the aforesaid reasons, this writ petition is disposed of directing the first respondent to accept the documents to be submitted by the petitioner with regard to the lands in question for alienation and consider the same for registration without raising any objection that the aforesaid lands are assigned ones. It is made clear that such consideration for registration shall be in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908 and in compliance with all other requirements for such registration. No order as to costs. ______________________ R.SUBHASH REDDY, J 27th JULY, 2010. Note: issue c.c. in one (1) week. kvni [1] 2009(2) ALD 250