THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5579 OF 2010 DATED 23RD JUNE, 2010 BETWEEN C.Shyamala … Petitioner And State of Andhra Pradesh, rep. by its District Collector, Kadapa District, Kadapa. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.5579 OF 2010 ORDER: The petitioner assails the action of the Joint Sub-Registrar-I, Proddatur Village, Kadapa District, respondent 3 herein, under letter dated 05.12.2009 directing her to get a ‘No Objection Certificate’ from the revenue authorities for registering the document produced by her. She seeks a further direction to the revenue authorities to re-classify her land admeasuring Ac.0.15 cents in Survey No.370/2 of Bollavaram Village, Choutapalle Panchayat, Proddatur Sub-Division, Kadapa District, as private land and a direction to respondent 3 to receive and register her document relating to the said land. The petitioner claims that through registered transactions dating back to 1942 the subject land changed hands and was ultimately purchased by her vendor under registered sale deed dated 19.01.2005. Thereafter, the petitioner purchased the extent of 15 cents from the vendor under registered sale deed dated 22.04.2006. When the petitioner was desirous of selling part of this land and approached the registration authorities she was informed that in view of the communication of the Tahsildar, Proddatur Village, Kadapa District, in reference No.B/2622/2008 dated 09.09.2008, the document pertaining to this land could not be entertained for registration, the reason being that it was shown as ‘D.K.T.’ land in the list attached therewith. It is the grievance of the petitioner that her land in Survey No.370/2 of Bollavaram Village is a patta land and in spite of her repeated efforts the respondent authorities chose to ignore her entreaties. Hence, this writ petition. The learned Assistant Government Pleader for Revenue on instructions stated that as per the revenue records, the land in Survey No.370/2 of Bollavaram Village was classified as ‘D.K.T.’ land and accordingly the same was included in the list of Government lands furnished to the registration authorities under the communication dated 09.09.2008. Thus, except for the revenue records, there is no other basis for the mandate given by the revenue authorities to the registration authorities not to entertain any document for registration in respect of Survey No.370/2 of Bollavaram Village. In this regard, it is relevant to note Section 22-A of the Registration Act, 1908, which reads as follows: “22-A. Prohibition of Registration of certain documents:- (1) The following classes of documents shall be prohibited from registration, namely:-- (a) …………. (b) …………. (c) …………. (d) …………. (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.” In the light of the aforestated provision, the prohibition with regard to registration of documents in respect of Government lands arises out of the publication of a notification under clause (e). Admittedly, there is no notification under Section 22-A of the said Act in respect of Survey No.370/2 of Bollavaram Village. In the absence of a prohibition relatable to law, it is not open to the revenue authorities to stall the registration of documents by the registration authorities on the basis of a mere communication based on revenue records. The classification of the subject land in Survey No.370/2 basing on such revenue records posing a bar to the entertainment for registration of the document presented by the petitioner cannot be countenanced. If the Government seeks to assert its title over the subject land contrary to the evidence manifested by the registered transactions dating back to 1942, it is for it to do so in a properly constituted proceeding before the appropriate forum. By mere recourse to an entry in the revenue records, the Government cannot seek to wipe out the events borne out by record and claim title. The Writ Petition is accordingly allowed holding that the classification of the land in Survey No.370/2 of Bollavaram Village, Choutapalle Panchayat, Proddatur Sub-Division, Kadapa District, to the extent of the 15 cents held by the petitioner, as Government land on the basis of an entry in the revenue records alone is unsustainable in law. The direction of respondent 3 under the letter dated 05.12.2009 to obtain clearance from the revenue authorities is equally without legal basis. There shall be a consequential direction to the Joint Sub- Registrar-I, Proddatur Village, Kadapa District, to entertain the document presented by the petitioner in respect of the said land, subject to compliance with necessary formalities, and register the same in accordance with law. No costs. ____________________ SANJAY KUMAR, J. 23RD JUNE, 2010 PGS/VGSR