IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18329 of 2008 Between: 1 K.Nagendra Sarma S/o.late K.Markhandeya Sarma R/o.1-8-210, New Municipal Colony, Ganeshpuri, Dilsukhnagar, Hyderabad. 2 M.S.V.S.Durga Prasad S/o.M.Subrahmanyam R/o.4-32-1967, Phase-II, Alwin Colony, Kukatpally, Hyderabad. 3 M/s. Sri Manarupa Meadows Private Limited, rep. by its Managing Director, M.Rameshbabu S/o. Late M.Gandaiah R/o. Shop Nos. 21 to 23, R.B.V.R. Reddy Shopping Complex, Tilak Road, Abids, Hyderabad. ..... PETITIONERS AND 1 The District Registrar, Ranga Reddy District at Moosapet, Hyderabad. 2 The Sub-Registrar, Shamshabad Sub-Division, Ranga Reddy District. 3 The District Collector, Ranga Reddy District at Hyderabad. 4 The State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue Writ of Mandamus or any other appropriate writ, declaring that the action of the respondents in not entertaining in registering the sale deeds relating to the land in Sy.Nos. 103/50 and 103/53 of Shamshabad village and mandal, Ranga Reddy District as arbitrary and illegal and direct the respondents 1 and 2 to entertain such sale deed and release the same after due registration in accordance with law withholding the same on the ground that the subject land is covered by Section 22-A (b) of the Registration Act, 1908 and grant such other relief as it deems ﬁt in the circumstances of the case. Counsel for the Petitioners: MR.V.VENKATARAMANA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the petitioners questioning the intimation of refusal of registration of documents, dated 12.08.2008. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue and at their request the writ petition is taken up for final disposal at the admission stage itself. The petitioners claim to be the absolute owners and possessors of the lands situated in Sy.Nos.103/50/AA/B, 103/50 and 103/53 of Shamshabad Village and Mandal, Ranga Reddy District having purchased the same under registered sale deeds. While so, they wanted to sell away the said lands and when they submitted the documents for registration, the Sub Registrar, Shamshabad by order dated 12.08.2008 refused the registration of the said documents on the ground that the property mentioned in the document is a prohibitory property under Section 22-A of the Registration Act, 1908 (for short ‘the Act’) as per the list supplied by the Mandal Revenue Oﬃcer, Shamshabad. A counter-aﬃdavit is ﬁled by the second respondent inter alia stating that the lands for which documents are presented are government lands and that the Government has promulgated Act 19 of 2007 prohibiting registration of government lands under Section 22-A of the Act and as such, the documents are not registerable and they were refused. On the earlier occasion, when the matter came up for admission, this Court directed the learned Assistant Government Pleader for Revenue to produce the notiﬁcation issued by the Government prohibiting the registration of the subject matter of lands. Today, when the matter is taken up, the learned Assistant Government Pleader submits that there is no notiﬁcation published under Section 22-A of the Act in respect of the subject matter of lands, and therefore, the reasons given by the Sub Registrar, Shamshabad for refusing the registration of the documents presented by the petitioners cannot be sustained. Since there is no notiﬁcation issued under Section 22-A of the Act in respect of the subject matter of lands, the Sub Registrar cannot refuse to register the documents. In the circumstances, without reference to the reasons mentioned in the intimation of refusal, the Sub Registrar, Shamshabad is directed to register the documents relating to the land of the petitioners, if they are otherwise in order. The writ petition is accordingly disposed of. N.V.RAMANA, J Dt.13.10.2008 va/msv