THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5357 OF 2011 DATED 4TH MARCH, 2011 BETWEEN Smt.Y.Seshamma …Petitioner And The District Registrar, Kurnool and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5357 OF 2011 ORDER: The District Registrar, Kurnool, issued Memo dated 24.06.2010 directing the Sub-Registrar-I, Kurnool, the second respondent, not to register any documents relating to the lands in Survey Nos.314/3 and 314/4 of Pasupala Village, Kurnool Mandal, Kurnool District, until further orders. Consequently, the second respondent refused to register the petitioner’s document in respect of an extent of Ac.3.80 cents situated in Survey No.314/3 of Pasupala Village. Hence, this writ petition. It is the case of the petitioner that her deceased husband had purchased the subject land under registered sale deed dated 02.06.1977. The vendors, in turn, had purchased the property from the predecessor-in-title under registered sale deed dated 04.04.1966. When some third parties staked a claim over the subject land stating that the petitioner’s husband had sold the said land in the year 1987 and the vendee had converted the land into plots, the pattadar pass book and title deeds issued to the petitioner were kept in abeyance by the Revenue Divisional Officer concerned, at their behest. Aggrieved thereby, the petitioner approached this Court by way of Writ Petition No.23194 of 2010 and the same is said to be pending. While so, it appears that owing to the criminal proceedings initiated under FIR No.119/2010 dated 11.05.2010 of Kurnool Taluk Police Station in respect of the disputes over the subject land, the District Registrar, Kurnool, issued the impugned Memo interdicting the registration of documents relating to the subject land. The petitioner claims that she came to know about the impugned Memo only when she approached the registration authorities for the purpose of obtaining information in respect of the subject land. She assails the impugned Memo on the ground that the District Registrar, Kurnool, had no jurisdiction or authority to issue such instructions. The learned Assistant Government Pleader for Revenue, upon instructions, informed the Court that no notification under Section 22- A(2) of the Registration Act, 1908 (for brevity, ‘the Act of 1908’) was issued in respect of the subject land. Prohibition with regard to registration of documents in the scheme of the Act of 1908 must be relatable to one of the grounds specified in Section 22-A(1) thereof failing which, it would not be open to the registration authorities to refuse to register a document. Section 68 of the Act of 1908 empowers the District Registrar to superintend and control the Sub-Registrars in the performance of their duties. Under Section 68(2) of the Act of 1908, the District Registrar has the authority to issue an order consistent with the Act of 1908 which he considers necessary in respect of any act or omission of any Sub- Registrar subordinate to him. Therefore, the power of the District Registrar to issue instructions to the Sub-Registrar with regard to any prohibition for registration of documents must necessarily adhere to the Act of 1908 and be consistent therewith. In the present case, the foundation for the issuance of the impugned Memo is stated to be the initiation of criminal proceedings under FIR No.119/2010 dated 11.05.2010 of Kurnool Taluk Police Station. Mere pendency of criminal proceedings would not be a sufficient reason for restraining registration of documents as per Section 22-A of the Act of 1908. Unless there is a Court order restraining the alienation of, or registration of a document, in respect of a particular land, which is brought to the notice of the registration authorities, it would not be open to the registration authority to take note of the disputes between rival claimants in respect of a particular land and refuse registration. That being so, the mere registration of an FIR upon the complaint of a rival claimant would not be reason enough for the District Registrar to interdict the registration of documents in respect of the subject land. The impugned Memo dated 24.06.2010 issued by the District Registrar, Kurnool, is therefore without the authority of law and cannot be sustained. The Writ Petition is accordingly allowed setting aside the same. In the circumstances, there shall be no order as to costs. ____________________ SANJAY KUMAR, J. 4TH MARCH, 2011. VGSR/PGS