THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5340 OF 2011 DATED 4TH MARCH, 2011 BETWEEN P.Razia Begum …Petitioners And The State of A.P., Rep. by its District Collector, Kadapa District and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5340 OF 2011 ORDER: The petitioner claims title to a certain extent of land in Survey Nos.42/B-3, 42/B-4A and 43/3 in Ramarajupalle of Kadapa Town under registered gift deed dated 27.03.1986 executed in her favour by her husband. In turn, the petitioner’s husband had purchased the said property under registered sale deed dated 19.11.1984. The petitioner executed sale deeds in respect of the house constructed in the subject land along with the subject land. However, the Joint Sub-Registrar-I, Kadapa, having entertained the documents for registration, kept them pending registration. The same was owing to the communication dated 08.06.2000 received by the registration authority from the revenue authorities. Aggrieved thereby, the petitioner filed Writ Petition No.19527 of 2002 before this Court assailing the communication dated 08.06.2000 issued by the revenue authorities and also seeking registration of the sale deeds executed by her. The said writ petition was disposed of by a learned Judge of this Court leading to the filing of an appeal by the respondent authorities in Writ Appeal No.1492 of 2004. A Division Bench of this Court, taking note of the submission made on behalf of the State that the registration pertaining to the subject land was not objectionable, disposed of the Writ Appeal by order dated 09.09.2008, directing the petitioner herein to produce the documents for registration and directing the authorities to pass appropriate orders on merits in accordance with law. Thereupon, the petitioner appears to have presented the three sale deeds dated 18.10.2010, 18.10.2010 and 20.10.2010 in respect of the house and the subject land, which were again kept pending registration by the Joint Sub-Registrar-I, Kadapa, as P.Nos.98/2010, 99/2010 and 101/2010. Under the impugned ‘Intimation of Refusal’ dated 08.11.2010, the Joint Sub-Registrar-I, Kapada, refused to register the petitioner’s documents in respect of the subject land. The basis for refusal this time was the communication dated 08.06.2010 said to have been addressed by the District Collector, Kadapa, to the Sub-Registrar, Kadapa, forwarding a list of government lands in Kadapa Saher of Kadapa Mandal, wherein Survey Nos.42 and 43 were classified as water spread areas belonging to the Government, attracting the statutory prohibition contained in Section 22-A(1)(b) of the Registration Act, 1908 (for brevity, ‘the Act of 1908’). The petitioner assails the said refusal on the ground that the same is not in consonance with the provisions of Section 22-A of the Act of 1908 and the earlier orders of this Court. Reference is also made to the order dated 15.09.2009 passed by this Court in Writ Petition No.12197 of 2009. The said writ petition pertained to registration of documents relating to the lands in Survey Nos.42/B4, 42/B4A and 42/B/3 of Kadapa Town and District. In that case, a counter was filed by the respondent authorities stating that upon a clarification sought, the District Collector, Kadapa, and the Tahsildar concerned intimated the registration authorities that the land in question was not government land and therefore, there was no objection for registration of the documents presented by the petitioner therein. In the present case, it is to be noticed that in Writ Appeal No.1492 of 2004, the learned Assistant Government Pleader representing the respondent authorities stated before the Court that the registration of documents pertaining to the land in Survey Nos.42/B-3, 42/B-4A and 43/3 of Kadapa Town was not objectionable. Relevant to note, at that stage the registration of the petitioner’s documents in respect of the said land was refused on the ground that the land was claimed to be government land. Having committed themselves to the stand that there was nothing objectionable about the registration sought by the petitioner, the action of the respondent authorities in once again raising the same objection on the basis of the communication dated 08.06.2010 of the District Collector, Kadapa, verges on committing contempt. Pertinent to note, the letter dated 08.06.2010 of the District Collector, Kadapa, states that the government lands mentioned in the list attached thereto would attract the provisions of Section 22-A(1)(a) of the Act of 1908. On the other hand, the ‘Intimation of Refusal’ dated 08.11.2010 addressed by the Joint Sub-Registrar-I, Kadapa, to the petitioner mentions that the statutory prohibition contained in Section 22-A(1)(b) of the Act of 1908 would be attracted. This clearly reflects the level of application of mind by the authorities. In fact, neither of the two provisions would be applicable to the case on hand. Section 22- A(1)(a) deals with prohibition of documents which are covered by statutory restrictions while Section 22-A(1)(b) deals with refusal to register documents pertaining to government lands which are not executed by the duly constituted authorities who are authorized to do so. In the event the government claims any particular land as its own and seeks to put in place a prohibition with regard to registration of documents in respect thereof, such a case would fall within Section 22-A(1)(e) of the Act of 1908 and it would be essential that the Government issue a notification under Section 22-A(2) thereof before such prohibition can operate. In the present case, there is no notification issued by the Government under Section 22-A(2) of the Act of 1908 covering the subject land. That being so, basing upon their claims that the subject land belong to the Government, it would not be open to the revenue authorities to restrain the registration authorities from registering documents in respect of such lands. Further, the stand taken by the Government before this Court in Writ Petition No.12197 of 2009 discloses that the land in Survey No.42 of Kadapa Town was categorically stated not to be Government land. Viewed thus, the refusal by the Joint Sub-Registrar-I, Kadapa, to complete the registration of the petitioner’s documents in respect of the subject land on the basis of the communication dated 08.06.2010 received from the District Collector, Kadapa, cannot be countenanced. The same is without legal basis and has no effect in the eye of law. The Writ Petition is accordingly allowed directing the Joint Sub- Registrar-I, Kadapa, to complete the registration formalities in respect of the petitioner’s documents bearing P.Nos.98/2010, 99/2010 and 101/2010 relating to the house and the lands in Survey Nos.42/B-3, 42/B-4A and 43/3 in Ramarajupalle of Kadapa town in accordance with law. In the circumstances, there shall be no order as to costs. ____________________ SANJAY KUMAR, J. 4TH MARCH, 2011. VGSR/PGS