THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5209 OF 2010 DATED 29TH JUNE, 2010 BETWEEN A.Anuradhamma … Petitioner And The District Registrar, Office of the District Registrar of Assurances, Kurnool, Kurnool District. And Another. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5209 OF 2010 ORDER: The grievance of the petitioner in this writ petition is that the District Registrar, Kurnool, refused to entertain the document presented by her for disposing of her property in Door No.43/31-A4 of Narasingaraopet, Kurnool Town, on the ground that the said property falls within Survey No.126 of Kurnool which is classified as a Christian property. This rejection was embodied in Memo No.G- 1/208/2010 dated 20.02.2010 addressed by the District Registrar, Kurnool, to the petitioner. The petitioner assails the said proceeding and seeks a consequential direction to the District Registrar, Kurnool, to entertain the document for registration. Perusal of the Memo impugned reflects that the petitioner purchased the subject property under a registered document bearing No.15163/2005. However, it is stated that the Joint Sub-Registrar-I, R.O., Kurnool, in his remarks had informed the District Registrar that the subject property was situated in Survey No.126 of Kurnool Village and is a Christian property falling within the parameters of ‘prohibited property’. Basing on these remarks, the District Registrar, Kurnool, informed the petitioner that the registration of her property could not be entertained as per Section 22-A of the Registration Act, 1908 (for brevity, ‘the Act of 1908’). Section 22-A of the Act of 1908 to the extent it is relevant reads as under: “22-A. Prohibition of Registration of certain documents:- (1) The following classes of documents shall be prohibited from registration, namely:-- (a) …………. (b) …………. (c) …………. (d) …………. (e) any documents or class of documents pertaining to the properties the State Government may, by notification prohibit the registration in which avowed or accrued interests of Central and State Governments, Local Bodies, Educational, Cultural, Religious and Charitable Institutions, those attached by Civil, Criminal Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interests. (2) For the purpose of clause (e) of sub-section (1) the State Government shall publish a notification after obtaining reasons for and full description of properties furnished by the District Collectors concerned in the manner as may be prescribed.” In the light of the aforestated provision, unless there is a notification in terms of Section 22-A(e) read with Section 22-A(2), the prohibition envisaged thereunder does not come into operation, in respect of a property owned by a Christian institution. On instructions, the learned Assistant Government Pleader for Revenue stated that no notification had been issued by the Government under Section 22-A of the Act of 1908 in respect of the subject property in Survey No.126 of Kurnool Village. That being so, on the basis of information gathered from some other source, it is not open to the registration authorities to refuse registration of documents on the ground that the subject property belongs to a religious institution. Prohibition in this regard must necessarily be founded in law, i.e., a notification under Section 22-A of the Act of 1908 and in the absence thereof, there can be no legal impediment to the registration of the document. The impugned Memo dated 20.02.2010 is accordingly set aside and the Joint Sub-Registrar-I, Kurnool, the second respondent, is directed to entertain the petitioner’s document for registration, subject to compliance with the necessary procedure and other formalities. The Writ Petition is allowed. There shall be no order as to costs. ---------------------------- SANJAY KUMAR, J. 29TH JUNE, 2010. PGS/VGSR