IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4644 OF 2011 Between: S.Chand Basha. … Petitioner AND The District Collector, Kurnool District, Kurnool and three others. … Respondents This Court made the following: O R D E R : The grievance of the petitioner is with regard to the action of the Mandal Revenue Officer, Kallur Mandal, Kurnool District, in issuing letter dated 03-03-2010 to the Sub Registrar, Kallur, Kurnool District, instructing him not to take up registration of documents pertaining to the land in Survey No.128 of Kallur Village and Mandal, Kurnool District. 2. It is the case of the petitioner that he is the absolute owner and possessor of an extent of Ac.0.50 cents in Survey No.128 of Kallur Village and Mandal, Kurnool District. His father is said to have purchased a larger extent of land under registered sale deed bearing document No.2707 of 1943. The petitioner claims the extent of Ac.0.50 cents on the basis of a Gift Settlement Deed executed in his favour by his father on 11-03-1981. 3. According to the petitioner, during the life time of his father, the A.P. Wakf Board filed a suit in O.S. No.27 of 1969 on the file of the Additional Subordinate Judge, Kurnool, seeking declaration of title and delivery of possession of the scheduled land therein, which included the land in Survey No.128. The petitioner’s father was shown as defendant No.3 in the suit proceedings. By the Judgment and Decree dated 26-02-1970, the trial Court dismissed the claim of the A.P. Wakf Board. 4. It is the case of the petitioner that no notification has been issued under Section 22-A (2) of the Registration Act, 1908 prohibiting the registration of the land in Survey No.128, Kallur Village and Mandal, Kurnool District and therefore it was not open to the Revenue authorities to instruct the registration authorities not to undertake registration of documents in respect of lands falling under this survey number. Reference is made to the Judgment of this Court in W.P. No.3140 of 1996 dated 15.12.2004. Therein, this Court had occasion to deal with the lands situated in Survey No.611 of Kallur Village and Mandal, Kurnool District, which had also been claimed by the Wakf Board as its property in a separate suit. Taking note of the fact that the suit filed by the Wakf Board had been dismissed, this Court held that the registration authorities could not refuse to register a document in respect of the said land at the dictation of an extraneous authority. Holding so, this Court directed the registration authorities to entertain the documents presented in respect of the land in survey No.611 of Kallur Village and Mandal, for the purpose of registration. 5. In the present case, the impugned proceeding dated 03-03-2010 addressed by the Tahsildar, Kallur Village, to the Sub Registrar, Kallur, reflects that on the basis of the revenue records showing the land in Survey No. 128 of the village to be Wakf land, the Tahsildar, Kallur, issued instructions to the Sub Registrar, Kallur, Kurnool District, not to entertain the documents relating to the lands in the said Survey number. Needless to state, unless the Government issued a notification under Section 22-A(2) of the Registration Act, 1908, detailing the lands falling under Section 22-A (1)(e) thereof, in respect of which registration of documents is prohibited, it would not be open to the Revenue authorities to address letters in the nature of the impugned letter dated 03-03-2010, interdicting the registration of documents. 6. The Writ Petition is accordingly allowed declaring the impugned letter dated 03-03-2010 addressed by the Tahsildar, Kallur Village, Kurnool District, to the Registration authorities as illegal. The Sub Registrar, Kallur, shall accordingly entertain and process the petitioner’s documents presented for registration in respect of his land in Survey No.128 of Kallur Village and Mandal, Kurnool District, in accordance with law and without reference to the impugned letter dated 03-03- 2010. There shall be no order as to costs. __________________ SANJAY KUMAR, J Date: 25-02-2011. KVS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 4644 OF 2011 February 25, 2011