THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6811 OF 2010 DATED 29TH JUNE, 2010 BETWEEN K.Chandrasekhar Reddy And Another … Petitioners And The District Registrar, Office of the District Registrar of Assurances, Kurnool, Kurnool District. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6811 OF 2010 ORDER: The grievance of the petitioners in this writ petition is that the District Registrar, Kurnool, refused to entertain the documents presented by them for disposing of their property in Flat Nos.503 and 403 respectively in Teja Deluxe Apartment situated in Survey No.98/1A, Gipson Colony, Vittalnagar, Kurnool, Kurnool District, on the ground that the said property falls within Survey No.98/1A of Gipson Colony which is classified as a Christian property and belonged to Backwood Residential High School, Kurnool. This rejection was embodied in Endorsement Nos.G1/333/2010 and G1/334/2010 dated 20.03.2010 made and addressed by the District Registrar, Kurnool, to the petitioners. The petitioners assail the said proceedings and seek a consequential direction to the respondents to entertain the documents for registration. The petitioners purchased the subject property under registered documents bearing No.4795/2004 dated 07.05.2004 and 2902/2004 dated 17.05.2004. The Joint Sub-Registrar, R.O., Kurnool, informed the District Registrar that the subject property was situated in Survey No.98/1 of Gipson Colony and is a Christian property falling within the parameters of ‘prohibited property’. Basing on these remarks, the District Registrar, Kurnool, informed the petitioner that the registration of their property could not be entertained as per Section 22-A of the Registration Act, 1908 (for brevity, ‘the Act of 1908’). Section 22-A of the Act of 1908 to the extent it is relevant 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.” In the light of the aforestated provision, unless there is a notification in terms of Section 22-A(e) read with Section 22-A(2), the prohibition envisaged thereunder does not come into operation in respect of a property owned by a Christian institution. On instructions, the learned Assistant Government Pleader for Revenue stated that no notification had been issued by the Government under Section 22-A of the Act of 1908 in respect of the subject property in Survey No. 98/1A, Gipson Colony, Vittalnagar, Kurnool, Kurnool District. That being so, on the basis of information gathered from some other source, it is not open to the registration authorities to refuse registration of documents on the ground that the subject property belongs to a religious institution. Prohibition in this regard must necessarily be founded in law, i.e., a notification under Section 22-A of the Act of 1908 and in the absence thereof, there can be no legal impediment to the registration of the documents. The impugned Endorsements dated 20.03.2010 are accordingly set aside and the Joint Sub-Registrar, Kurnool, the second respondent, is directed to entertain the petitioners’ documents for registration, subject to compliance with the necessary procedure and other formalities. The Writ Petition is allowed. There shall be no order as to costs. ---------------------------- SANJAY KUMAR, J. 29TH JUNE, 2010. PGS/VGSR