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Friday, March 22, 2013

It is not in dispute that the land in question was assigned by the Government. Section 22-A of the Registration Act as well as Section 5 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 prohibit registration of documents pertaining to the Government lands. However, if the assignment is in favour of ex-serviceman or freedom fighter, the prohibition does not operate against alienation. In some cases, at the threshold and in certain other cases, after expiry of some period.



THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
Writ Petition No.12770 of 2012
ORDER:

The petitioners intended to purchase Acs.7.07 cents of land in Survey Nos.368/1 to 368/4 of Annasamipalle Village, Renigunta Mandal, Chittoor District.  The document executed in their favour was presented for registration before respondent No.1.  It was assigned P.No.27/2012.
The land was assigned in nature.  However, the petitioners pleaded that the assignment was in favour of a freedom fighter. Respondent No.1 refused to register the document through a reasoned order, dated 24.03.2012.  He stated that the petitioners did not file any document to prove that the assignment was in favour of a freedom fighter.  The petitioners challenge the same by filing this writ petition.
Heard the learned counsel for the petitioners and the learned Government Pleader for the Revenue.
It is not in dispute that the land in question was assigned by the Government.  Section 22-A of the Registration Act as well as Section 5 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 prohibit registration of documents pertaining to the Government lands. However, if the assignment is in favour of      ex-serviceman or freedom fighter, the prohibition does not operate against alienation.  In some cases, at the threshold and in certain other cases, after expiry of some period.
There is a recital in the document presented by the petitioners to the effect that the land was assigned in favour of a freedom fighter. But, they did not place any material in proof of that fact.  Once there did not exist any material to indicate that the assignment was in favour of  freedom fighter, respondent No.1 was fully justified in refusing to register the document.  No exception can be taken to the impugned order.
Hence, the writ petition is dismissed.  It is, however, directed that in case the petitioners are able to establish that the land was assigned to a freedom fighter and file the necessary proof, respondent No.1 shall be under obligation to register the document.  There shall be no order as to costs.
The miscellaneous petition filed in this writ petition also stands disposed of.

_______________________
L.NARASIMHA REDDY, J.
Dated: 27.04.2012

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