N THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 2611 of 2008 Between: M.Srinivaslu Reddy S/o.Sri Adi Reddy, R/o.Krishna Nagar Yousfguda,Hyd ..... PETITIONER AND The Sub-Registrar Nunna,Vijayawada Rural Krishna Dist .....RESPONDENT Counsel for the Petitioner:MR.P.SRI RAGHU RAM Counsel for the Respondent: GP FOR REVENUE The Court made the following : O R D E R: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. Heard Sri P.Sri Raghuram, learned counsel for the petitioner, and the learned Government Pleader for Revenue for the respondent. This writ petition is ﬁled for a writ of Mandamus to declare the action of the respondent in refusing to register the sale deed presented by the petitioner in respect of land admeasuring Acs.5.00 in Survey No.852/1 of Nunna Village, Vijayawada Rural Mandal, Krishna District as illegal. The petitioner sought for quashing of endorsement dated 21-11- 2007 issued by the respondent in this regard. In his aﬃdavit, the petitioner averred that he purchased the above mentioned land from one Syed Avulullah Saheb, the purported owner of the said property. The sale deed in respect of the above mentioned land was registered by the Sub- Registrar, Kavali as an extent of Ac.1.67 cents in Survey No.649 of Kavali Mandal, Nellore District belonging to the same owner was also purchased by the petitioner under the same document. Thereafter the said document was presented before the respondent- Sub Registrar, Nunna Village, Vijayawada Rural Mandal, Krishna District, as the extent of Acs.5.00 of land is situated within his jurisdiction, for proper endorsement as per the procedure envisaged under Section 65 of the Registration Act, 1908 (for short “the Act”). The respondent gave endorsement dated 21-11-2007 by stating that the land in Survey No.852/1 is ‘khazi manyam’ and the same is prohibited from being registered as per the assigned land/government land/prohibited land list supplied by the Mandal Revenue Oﬃcer, Vijayawada Rural Mandal. The petitioner questioned this action of the respondent. At the hearing, the learned counsel for the petitioner submitted that the land in question does not belong to any wakf institution and that the same was never notiﬁed as wakf land. The learned counsel submitted that the respondent has not issued any notiﬁcation as envisaged in Section 22-A of the Act nor the property falls within the purview of Section 22-A (1) of the Act, the registration of which is prohibited by any law. The learned Government Pleader for Revenue, on instructions, fairly submitted that the respondent refused to make appropriate endorsement on the purported ground that the land in question was included in the list of the lands, which are prohibited for registration. However, his veriﬁcation of the wakf notiﬁcation shows that the land in question is not notified as wakf property. Section 22-A of the Act, as amended by Act 19 of 2007, reads as under- “22-A. Prohibition of registration of certain documents. (1) The following classes of documents shall be prohibited from registration, namely: (a) documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute of the State or Central Government; (b) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immovable property owned by the State or Central Government, executed by persons other than those statutorily empowered to do so; (c) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or by Wakfs falling under the Wakf Act, 1995 executed by persons other than those statutorily empowered to do so; (d) Agricultural or urban lands declared as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act 1973 or the Urban Land (Ceiling and Regulation) Act, 1976; (e) Any documents or class of documents pertaining to the properties the State Government may, by notiﬁcation prohibit the registration in which avowed or accrued interests of Central and State Governments, Local Bodies, Educational, Cultural, Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interests. (2) For the purpose of clause (e) of sub-section (1), the State Government shall publish a notiﬁcation after obtaining reasons for and full description of properties furnished by the District Collectors concerned in the manner as may be prescribed. (3) Notwithstanding anything contained in this Act, the registering oﬃcer shall refuse to register any document to which a notiﬁcation issued under clause (e) of sub-section (1); (4) The State Government either suo moto or on an application by any person or for giving eﬀect to the ﬁnal orders of the High Court of Andhra Pradesh or Supreme Court of India may proceed to denotify, either in full or in part, the notiﬁcation issued under sub-section (2).” The admitted facts of this case reveal that none of the above mentioned clauses of Section 22-A of the Act is attracted as neither the alienation of the land in question is prohibited under any statute nor the same is notiﬁed as belonging to a Charitable and Hindu Religious Institution or wakf falling under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or Wakf Act, 1995. In view of the same, the writ petition is allowed. The respondent is directed to receive the document from the petitioner and complete the formalities under the provisions of Section 65 of the Act, within a period of four (4) weeks from the date of receipt of a copy of this order. C.V.NAGARJUNA REDDY, J Dated 3rd November, 2008 vrn