IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13760 of 2010 Between: Smt.G. Jayanthi ..... PETITIONER A N D The Sub-Registrar, Kurnool, Kurnool district and another ..... RESPONDENTS ORDER: The grievance of the petitioner is with regard to the inaction of the respondents in entertaining and registering the sale deeds executed by her in favour of third parties in respect of land admeasuring 311.11 Square yards in Sy.No.62, Ward No.44 of Kurnool. It is stated that the respondents are not entertaining the subject sale deeds on the ground that there is a prohibition against the registration of these documents under Section 22-A of the Registration Act, 1908. The gazette notification relating to wakf properties, which is relatable to the prohibition under Section 22-A of the Registration Act, 1908 does not mention the specific and definite particulars of the lands claimed to be Wakf properties. Sri Vedula Srinivas, learned counsel for the petitioner submits that in the light of the vagueness reflected in the gazette notification, it is not open to the respondents to baldly refuse to entertain and register the petitioner’s sale deeds. In a batch of writ petitions, W.P.Nos.22684 of 2007 and batch, which were disposed of by common order dated 19-02-2009, a learned Judge of this Court directed as follows: “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 issuing 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.” In the light of the afore-stated judgment the issue raised in this writ petition need not detain this Court any further. The writ petition is accordingly disposed of directing the respondents to verify whether the petitioner’s property under the documents presented for registration pertains to the wakf properties which were notified specifically under the gazette notification published under the Wakf Act, 1995 with particular regard to the survey number and extent. Only in the event the petitioner’s property falls within the afore-stated parameters, the prohibition imposed by Section 22-A of the Registration Act, 1908 would come into operation. If the property of the petitioner is not covered by the notification as indicated above, the registering authority is obligated to process the documents and register the same, subject to the compliance with necessary procedure and formalities, in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. ____________________ SANJAY KUMAR, J June 25, 2010. Pn THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13760 of 2010 June 25, 2010