IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:13491 OF 2010 DATED:6.7.2010 Between: Paturi Venkata Mani. .....PETITIONER AND 1 State of A.P rep by its Principal Secretary & another. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:13491 OF 2010 ORDER: The grievance of the petitioner in this writ petition is with regard to the action of the Sub Registrar, I Town Area, Visakhapatnam, 2nd respondent, in not registering her document in respect of the property situated in T.S.No:1027, Waltair Ward, Visakhapatnam. She seeks a consequential direction to the 2nd respondent to undertake the registration of the said document. On instructions, the learned Assistant Government Pleader for Revenue stated that the Registration authorities were not proceeding with the registration of the petitioner’s document owing to the embargo introduced by way of a notification under Section 22-A of the Registration Act, 1908 embodied in G.O.Ms.No.657, Revenue (Registration–I) Department, dated 8.10.2001. It may be noted that the said notification was issued under Section 22-A as it then stood. By way of Amendment Act 19 of 2007, Section 22-A has been completely substituted. Further, G.O.Ms.No.657 dated 8.10.2001 has been held to be illegal and was set aside by this Court in SURENDRA BABJI VS. GOVERNMENT OF ANDHRA PRADESH (W.P.NO:11685 OF 2002, DATED 17.4.2009). Presently, Section 22-A of the Act 1908 places a prohibition with regard to registration of documents which fall within the clauses (a) to (e) of sub-Section (1) thereof. The learned Government pleader for Revenue admits that the bar placed by Section 22-A of the Act is not applicable to the facts of the present case as no statute is passed by the State or Central Government prohibiting the registration of the documents in relation to the subject land. He also admits that there is no notification issued by the State Government under Section 22-A (1) (e) read with Section 22-A(2) of the Act 1908 with regard to the subject land. In the absence of prohibition relatable to law, it is not open for the revenue authorities to interdict the registration of documents by the registration authorities. In such circumstances, the refusal of the 2nd respondent to register the petitioner’s document is without legal basis. The writ petition is accordingly allowed directing the Sub Registrar, I Town area, Visakhapatnam, to receive and register the document presented by the petitioner in respect of her property in T.S.No:1027, Waltair ward, Visakhapatnam, subject to compliance with necessary formalities and procedure. There shall be no order as to costs. _________________ Justice Sanjay Kumar Date:6.7.2010. gurc THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:13491 OF 2010 6th JULY, 2010