THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.15169 OF 2009 DATED 23RD JUNE, 2010 BETWEEN Dasari Ram Chandra Reddy … Petitioner And State of Andhra Pradesh, rep. by its District Collector, Kadapa District, Kadapa. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.15169 OF 2009 ORDER: The petitioner assails the action of the respondent authorities in classifying the land in Survey No.250 of Proddatur Town as ‘potter’ (Kummara Inam) land under the proceedings dated 09.09.2008 and seeks a consequential direction to re-classify the said Survey Number to the extent of his landholding of 30 cents as private patta land. He seeks a further direction to the Joint Sub-Registrar-I, Proddatur Town to receive his sale deed in respect of this land and register the same. The petitioner claims that through registered transactions dating back to 1955 the subject land changed hands and was ultimately purchased by his vendor under registered sale deed dated 13.08.2001. Thereafter, the petitioner purchased the extent of 30 cents from the vendor under registered sale deed dated 11.12.2002. When the petitioner was desirous of selling part of this land and approached the registration authorities he was informed that in view of the communication of the Tahsildar, Proddatur Village, Kadapa District, in reference No.B/2622/2008 dated 09.09.2008, the document pertaining to this land could not be entertained for registration, the reason being that it was shown as Government land in the list attached therewith. It is the grievance of the petitioner that his land in Survey No.250 of Proddatur Village is a patta land and in spite of his repeated efforts the respondent authorities chose to ignore his entreaties. Hence, this writ petition. By interim order dated 12.08.2009, this Court directed the Joint Sub-Registrar-I, Proddatur Village, Kadapa District, to receive the subject document and register it. However, Sri K.Rama Mohan-Mahadeva, learned counsel for the petitioner, stated that when his client approached the registration authorities pursuant to the aforestated order, he was informed that the document could not be registered unless a ‘No Objection Certificate’ was produced from the revenue authorities. In his counter filed in support of the vacate application, the Tahsildar, Proddatur Village, stated that as per the R.S.R., Proddatur, the land in Survey No.250 admeasuring 6.15 acres was classified as ‘potter’ (Kummara) Inam and accordingly the same was included in the list of Government lands furnished to the registration authorities under the communication dated 09.09.2008. Thus, except for the revenue records, there is no other basis for the mandate given by the revenue authorities to the registration authorities not to entertain any document for registration in respect of Survey No.250 of Proddatur Village. In this regard, it is relevant to note Section 22-A of the Registration Act, 1908, which reads as follows: “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, the prohibition with regard to registration of documents in respect of Government lands arises out of the publication of a notification under clause (e). Admittedly, there is no notification under Section 22-A of the said Act in respect of Survey No.250 of Proddatur Village. In the absence of a prohibition relatable to law, it is not open to the revenue authorities to stall the registration of documents by the registration authorities on the basis of a mere communication based on revenue records. The classification of the subject land in Survey No.250 basing on such revenue records posing a bar to the entertainment for registration of the document presented by the petitioner cannot be countenanced. If the Government seeks to assert its title over the subject land contrary to the evidence manifested by the registered transactions dating back to 1955, it is for them to do so in a properly constituted proceeding before the appropriate forum. By mere recourse to an entry in the R.S.Register, Proddatur, the Government cannot seek to wipe out the events borne out by record and claim title. The Writ Petition is accordingly allowed holding that the classification of the land in Survey No.250 of Proddatur Village, Kadapa District, to the extent of the 30 cents held by the petitioner, as Government land on the basis of an entry in the revenue records alone is unsustainable in law. There shall be a consequential direction to the Joint Sub-Registrar-I, Proddatur Village, Kadapa District, to entertain the document presented by the petitioner in respect of the said land, subject to compliance with necessary formalities, and register the same in accordance with law. No costs. ____________________ SANJAY KUMAR, J. 23RD JUNE, 2010 PGS/VGSR