THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.23865 OF 2010 ORDER: The petitioner complains of inaction on the part of the Sub- Registrar (Urban), Kadapa, Y.S.R. District-respondent 4, in registering the gift deed presented by him and insisting upon production of ‘No Objection Certificate’ from the revenue authorities. He seeks a consequential direction to register and release the said document without insisting on such certification by the revenue authorities. The petitioner claims to be the owner and possessor of the land in question and when he presented a gift deed before respondent No.4 for registration, the same was refused stating that the same is classified as ‘VAGU’ as per the list communicated by respondent No.3 in the year 2007 and hence no document would be entertained for registration in respect thereof without the approval of the revenue authorities. Ergo, this writ petition. Prohibition of registration of documents as permitted by law is relatable to Section 22-A of the Registration Act, 1908. Insofar as Government lands are concerned the prohibition is traceable to clause (e) of Section 22-A: “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.” Thus, for the legal embargo to come into operation there must be a notification issued by the State Government detailing the lands in which it has interest. Admittedly, no such notification has been issued in the present case. The action of the respondents in treating the subject land as Government land and the action of the registration authorities in refusing to receive and register documents in respect of this land is therefore unsustainable in law. I find support for my view in the Judgments of this Court in P.SURESH v. A.P. STATE AND OTHERS[1]; K.M.KAMULLA BASHA v. DISTRICT COLLECTOR, CHITTOOR[2]; MEDA SUBBARAYUDU v. SUB-REGISTRAR, RAYACHOTY[3] and S.ZAKHIR v. DISTRICT COLLECTOR, ANANTAPUR[4]. The Writ Petition is accordingly allowed holding that there is no legal basis for the registration authorities in insisting upon a ‘No Objection Certificate’ from the revenue authorities as a condition precedent for entertaining any document for registration once the prohibition under Section 22-A of the Registration Act, 1908 does not come into operation. It is not open to the registration authorities to treat any particular land as Government land basing on the mere communication to that effect by the revenue authorities which, in turn, is based on mere entries in the revenue records. There shall be a consequential direction to the Sub-Registrar (Urban), Kadapa, Y.S.R District-respondent 4, to entertain the documents presented by the petitioner in respect of land in question and process the same for registration in accordance with law. No costs. ASHUTOSH MOHUNTA,J 31.01.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.23865 OF 2010 Dt. 31.01.2011 [1] 2009 (3) ALD 802 [2] W.P Nos. 27249 & 28393 of 2007, dated 16.02.2009 [3] W.P.No.11675 of 2008 dated 30.07.2008 [4] W.P.No.19419 of 2008 dated 16.02.2009