THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4537 OF 2011 DATED 1ST MARCH, 2011 BETWEEN Kommalapati Venkateswarlu …Petitioner And The Sub-Registrar, Kurnool, Kurnool District and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.4537 OF 2011 ORDER: The petitioner assails the action of the Registration Authorities, Kurnool, in not entertaining his documents for registration. The said documents pertain to the house property situated in Plot Nos.50 and 51 bearing Municipal Nos.45/24-K-46-2-A-6 and 45/24-K-46-2-A-7 of Prem Nagar, Kurnool. The petitioner claims that the subject land belongs to him and was classified as private property in the revenue records. However, his documents pertaining to the said property were not entertained by the registration authorities on the ground that the prohibitory provisions contained in Section 22-A of the Registration Act, 1908 (for brevity, ‘the Act of 1908’) would be applicable. It is the case of the petitioner that his land is not notified as a wakf property and there is no statutory prohibition with regard to its alienation. By way of this writ petition, he seeks a direction to the registration authorities to entertain and register the documents executed by him in respect of the subject property. On instructions, the learned Assistant Government Pleader for Revenue stated that the subject property was not covered by any notification issued under Section 22-A(2) of the Act of 1908. Pertinent to note, in the event the Government wishes to put in place a prohibition with regard to registration of documents in respect of lands identified as falling under Section 22-A(1)(e) of the Act of 1908, it necessarily has to issue a notification covering such lands under Section 22-A(2) thereof. In the absence of such notification, it is not open to the registration authorities to rely upon the entries in the revenue records or the information furnished by the revenue authorities and refuse to entertain and register documents. In the present case, there is admittedly no notification under Section 22-A(2) of the Act of 1908 covering the subject land. That being so, the registration authorities are not entitled to refuse to receive the petitioner’s documents for registration. There shall accordingly be a direction to the Sub-Registrar, Kurnool, to receive the documents presented by the petitioner in respect of the house property situated in Plot Nos.50 and 51 bearing Municipal Nos.45/24-K-46-2-A-6 and 45/24-K-46-2-A-7 of Prem Nagar, Kurnool, and process and register the same in accordance with law. The Writ Petition is disposed of with the above direction. No costs. ____________________ SANJAY KUMAR, J. 1ST MARCH, 2011. VGSR/PGS