IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9379 of 2009 Between: 1 Abdul Raheem, S/o. Dousa Miah, R/o. H.No. 22/70, Sagmandi, Kurnool, Kurnool District. 2 Mohammed Miah, S/o. Dousa Miah, R/o. H.No. 22/70, Sagmandi, Kurnool, Kurnool District. 3 Ishaq Miah, S/o. Dousa Miah, R/o. H.No. 22/70, Sagmandi, Kurnool, Kurnool District. 4 Gafoor MIah, S/o. Dousa Miah, R/o. H.No. 22/70, Sagmandi, Kurnool, Kurnool District. ..... PETITIONER(S) AND 1 The Sub -Registrar, Kurnool, Kurnool District. 2 The District Registrar, Kurnool, Kurnool District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.1 and 2 in not entertaining and registering the sale deeds in favour of the purchasers of the petitioners in respect of their land in New Sy.No. 8/8, 8/17, 8/4, 8/18 and 8/12 to an extent of Ac. 0.20 cents, Ac. 0.28 cents, Ac. 0.41 cents, Ac. 0.62 cents and Ac. 0.10 cents respectively, total to an extent of Ac. 1.61 cents of Roja Village, Kurnool Town, Kurnool District is arbitrary, illegal, for want of conclusive proof that it is a Wakf Land and consequently direct the respondents No.1 and 2 to register the sale deed of the petitioners in favour of their purchasers in respect of the above stated land without withholding the same on account of Section 22-A of A.P. Amending Act 19/2007 to the provisions of the Registration Act 1908 and pass Counsel for the Petitioner:MR.U.RAMANJANEYULU Counsel for the Respondent No.: GP FOR REVENUE THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.9379 of 2009 ORDER: The question involved in this writ petition 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. The petitioners claim to be the purchasers of the land in certain survey numbers. 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 and the learned Standing Counsel for the A.P. Wakf Board. 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. Hence, the writ petition 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 making 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:30.04.2009 usd