THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14324 OF 2010 DATED 28TH JUNE, 2010 BETWEEN K.V.Rami Reddy … Petitioner and The Collector and District Magistrate, Kurnool, Kurnool District, And others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.14324 OF 2010 O R D E R The petitioner challenges the proceedings dated 17.08.2002 issued by the Collector, Kurnool, prohibiting registration of lands in Roza Village, Kurnool. Perusal of the proceedings impugned reflects that the Collector identified the lands detailed therein as Wakf properties and requested the Sub-Registrar, Kurnool, not to allow any registrations pertaining to the said lands. Roza Village finds mention in the said proceedings and it is stated that the entire village, being an extent of Ac.298.06 cents, is Wakf property. Prohibition of registration of documents is traceable to Section 22-A of the Registration Act, 1908 (for short, ‘the Act of 1908). Clause (e) of Section 22-A reads as under: “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.” Unless there is a notification under Section 22-A(e) read with Section 22-A (2) of the Act of 1908, the prohibition with regard to registration of documents pertaining to properties belonging to any charitable or religious institutions would not arise. In the present case, the learned Assistant Government Pleader for Revenue, on instructions, stated that no notification had been issued under Section 22-A of the Act of 1908. In the absence of such notification, no restriction can be placed on the registration authorities with regard to registration of documents on the basis of a mere communication by the Revenue Authorities basing on information gleaned from the revenue records. The proceedings dated 17.08.2002 issued by the District Collector, Kurnool, are therefore without any legal basis and cannot posit a bar on the Sub-Registrar, Kurnool, in so far as entertaining any documents for registration is concerned. The ostensible ground put forth by the authorities that the lands to which the documents pertain are Wakf properties, unless sourced in law has no legal implications. The writ petition is accordingly allowed declaring that the proceedings bearing Rc.No.E8/2262/2002 dated 17.08.2002 passed by the District Collector, Kurnool, are illegal. There shall be a consequential direction to the Sub-Registrar, Kurnool, to entertain and register documents relating to the lands in Roza Village, Kurnool District, without reference to the prohibition imposed under the said proceedings, subject to compliance with the required procedure and other formalities. There shall be no order as to costs. ---------------------------- SANJAY KUMAR, J. 28th JUNE, 2010. Note: Issue copy in two days. (B/O)PGS/VGSR