THE HON'BLE MR JUSTICE SANJAY KUMAR Writ Petition No.4609 OF 2011 DT. 7.3.2011 Between: K Yuva Sekhar & another … Petitioner And The State of A.P. rep by the Commissioner and Inspector General of Registration and Stamps , Hyderabad and others … Respondents Counsel for the Petitioner: Sri D Seshadri Naidu Counsel for respondents: G P FOR REVENUE The Court made the following ORDER: THE HON'BLE MR JUSTICE SANJAY KUMAR Writ Petition No.4609 OF 2011 ORDER: The petitioners assail the action of the Sub-Registrar, Pakala, Chittoor district, the third respondent, in registering their sale deed dated 30.10.2002 in part, with document No. 3715 of 2010, insofar it pertained to the lands in Survey Nos. 2287/1A, 2287/1B, 2287/3 and 2288/7 of Damalcheru revenue village, Pakala Revenue village and mandal, Pakala Sub Division, Sri Balaji Registration District, and excluding the land admeasuring Ac.5.01 cents in Survey No. 2252/A of the said village. It is the case of the petitioners that the said document was kept pending registration with P.No.11 of 2002 all these years and by endorsement dated 4.12.2010, the Sub-Registrar, Pakala, having processed the registration of the sale deed in respect of the land in the other Survey numbers, refused registration insofar as the land admeasuring Ac.5.01 cents in Survey No. 2252/A of Damalcheru revenue village was concerned. This Court is doubtful as to the propriety of the registration of the document in part in the context of the extents of land covered by the said document. Section 35 of the Registration Act, 1908, deals with partial registration of a document, but the same does not provide for such partial registration being with reference to parts of the property sold under a document. Be that as it may, the grounds cited by the Sub-Registrar, Pakala, for refusing registration of the document in respect of the petitioners’ land in Survey No. 2252/A of the village do not stand to scrutiny and it may therefore not be necessary for this Court to go into the issue as to whether such partial registration itself is valid in law. The endorsement dated 4.12.2010 by the Sub-Registrar, Pakala, reflects that the subject land in Survey No. 2252/A, Damalcheru revenue village, Pakala Revenue village and mandal, Pakala Sub Division, Sri Balaji Registration District, was included in the list of assigned lands furnished by the Revenue authorities and therefore, the Sub-Registrar, Pakala, was of the opinion that the prohibition envisaged by Section 22-A (1) (a) of the Registration Act, 1908 read with the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, would be applicable. Pertinent to note, the list of assigned lands furnished by the Tahsildar, Pakala mandal, to the Sub- Registrar, Pakala, indicates that the assignment in respect of the land in Survey No. 2252/A of Damalcheru revenue village, dates back to year 1927. It is a settled proposition that such ancient assignments were not subjected to any prohibition insofar as alienation by the assignee was concerned. Such prohibition was introduced for the first time only in the year 1954 insofar as Andhra Area is concerned. That being so, the assignment of the subject land in the year 1927 would not have been subject to any prohibition with regard to alienation thereafter, and therefore would not come within the ambit of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. This principle has also been settled by this Court in P.V.Rajendra Kumar Vs. Government of A P, rep by its Secretary, Revenue Department and others[1] . The learned Assistant Government Pleader for Revenue, on instructions, stated that the land was claimed to be Government land. However, he fairly admitted that no notification under Section 22-A (2) of the Registration Act, 1908 had been issued prohibiting registration of documents in respect of this land. This Court has consistently held that unless the Government puts in place a prohibition of registration of documents in respect of land claimed to be its own, falling under Section 22-A (1) (e) of the Registration Act, 1908, by issuing a notification under Section 22-A (2) thereof, the registration of documents in respect of such lands cannot be restrained on the basis of entries in revenue records. Viewed thus, the action of the Sub Registrar, Pakala, in refusing registration of the sale deed dated 30.10.2002 insofar it pertained to the land admeasuring Ac.5.01 cents in Survey No. 2252/A of Damalcheru revenue village, cannot be accepted. The writ petition is accordingly allowed directing the Sub-Registrar, Pakala, to process and complete the registration of the sale deed bearing Document No. 3715 of 2010 dated 30.10.2002 in its entirety, including the extent of Ac. 5.01 cents in Survey No. 2252/A of Damalcheru revenue village, Pakala Revenue village and mandal, Pakala Sub Division, Sri Balaji Registration District. In the circumstances, there shall be no order as to costs. ______________ SANJAY KUMAR,J DATE: 7.3.2011 TVK THE HON'BLE MR JUSTICE SANJAY KUMAR Writ Petition No.4609 OF 2011 DT. 7.3.2011 [1] WP No. 17865 of 2010 dt 29.11.2010