THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.22684 of 2007, 1796 and 11706 of 2008 COMMON ORDER: The common question involved in these writ petitions is as regards the inaction on the part of the registering authorities, namely Sub-Registrar, Kurnool and the District Registrar, Kurnool to entertain the documents in relation to certain lands in Roja Village and Mandal, Kurnool District. While some of the petitioners claim to be the exclusive owners of the land in certain survey numbers, others are said to be the purchasers thereof. The District Collector, Kurnool addressed a letter to the Sub-Registrar, Kurnool to the effect that the Wakf, by name Musafirkhana Darga holds substantial extents of land in the Village and unless the survey numbers are clearly mentioned, the documents may not be admitted to registration. The petitioners contend that though no notification under the provisions of the Wakf Act, 1995 was issued in respect of the lands, the respondents are trying to apply the prohibition contained under Section 22-A of the Registration Act, 1908 (for short ‘the Act’). Heard the learned counsel for the petitioners, the learned Government Pleader for Revenue, the learned Standing Counsel for the A.P. Wakf Board and the learned counsel for the Muthawali who got impleaded in one of the writ petitions. The role assigned to a registering authority under the provisions of the Act is very limited. It is not conferred with the power to adjudicate or verify the title in respect of the properties that are subject matter of the documents presented before it for registration. In the recent past, the A.P. State Legislature took certain steps to prohibit registration of the documents in respect of certain categories of land. Initially, Section 22-A of the Act was added prohibiting the registration of the lands that are notified in a Gazette issued under that provision. That Section was held to be ultra vires by this Court. This was followed by another amendment and new Section 22-A of the Act was incorporated. Certain categories of land mentioned in Clauses (a) to (e) of sub- section (1) of Section 22-A of the Act are kept in the prohibited category for the purpose of registration. The lands held by Wakf fall into one such categories. The registration of a document in relation to an item of property which falls into any of these categories can certainly be refused. So far as the properties held by the Wakf are concerned, the only source happens to be the notification issued under the Wakf Act, 1995. If a claim is made over and above the entries made in the Gazette Notification, the matter has to be left to the parties for adjudication and the prohibition does not apply. Conversely if the land is notified, the registering authority can certainly refuse registration. Any amount of correspondence by the authorities in this regard would not improve or otherwise alter the situation. Hence, the writ petitions are disposed of, directing that (a) in case the properties that are subject matter of the documents presented for registration before the Sub- Registrar are notified specifically under the Gazette, together with survey numbers and extent under the Wakf Act, 1995, the registering authority shall be entitled to refuse the registration by issuing an endorsement or communication to that effect; (b) if the properties are not covered by such notification, the registering authority shall be under obligation to process the documents and admit the same for registration, if they are otherwise in order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:19.02.2009 kdl