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Friday, March 22, 2013

It is no doubt true that the land was assigned at one point of time and that Section 22-A of the Registration Act as amended through A.P. Act 19 of 2007 prohibits registration of documents pertaining to assigned lands. However, the land was mortgaged in favour of the Primary Agricultural Cooperative Society and once it was brought to sale, it looses the character of assigned land. Such transactions are exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. In W.P.No.14750 of 2007, this Court took the view that once an assigned land was brought to sale by a Cooperative Bank, the prohibition contained under Section 22-A of the Registration Act does not apply for them. The same was upheld by a Division Bench of this Court in W.A.No.950 of 2007.


THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
Writ Petition No. 13176 of 2012
ORDER:

          One Sri Dasari Nagamunendrayya was originally assigned an extent of Acs.2.00 of land in R.S.No.163/3 of Makkinavarigudem Village, T.Narsapuram Mandal, West Godavari District.  He, in turn, mortgaged the said property with the Primary Agricultural Cooperative Society.  Since the loan amount was not repaid, the property was brought to sale by the District Co-operative Central Bank, Eluru in execution proceedings.  The petitioner herein emerged as the highest bidder for the said land.  Accordingly, a sale deed in the form of sale certificate was issued in favour of the petitioner and pattadar pass book was also issued to her.
          The petitioner intended to sell the said property and claims to have approached the Sub-Registrar, Chintalapudi, respondent No.1 herein, with a request to furnish the necessary particulars.  Her grievance is that respondent No.1 is not entertaining the sale deed for registration.
          Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
          It is no doubt true that the land was assigned at one point of time and that Section 22-A of the Registration Act as amended through A.P. Act 19 of 2007 prohibits registration of documents pertaining to assigned lands.  However, the land was mortgaged in favour of the Primary Agricultural Cooperative Society and once it was brought to sale, it looses the character of assigned land.  Such transactions are exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.  In W.P.No.14750 of 2007, this Court took the view that once an assigned land was brought to sale by a Cooperative Bank, the prohibition contained under Section 22-A of the Registration Act does not apply for them.  The same was upheld by a Division Bench of this Court in W.A.No.950 of 2007.
          Hence, the writ petition is allowed, directing respondent No.1 to process the document that may be presented by the petitioner. There shall be no order as to costs.
         
_______________________
L.NARASIMHA REDDY, J.
Dated: 27.04.2012

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