IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND ELEVEN Present HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.6740 of 2011 Between: M. Chandra Rao & another .. Petitioners AND State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following: HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.6740 of 2011 ORDER: The petitioners have prayed that directions be issued to the respondents declaring the action of respondents 2 and 3 in including the land in Sy. No.1257B, Nannur Village, Orvakal (M), Kurnool District in the list of Prohibited Lands and communicating it to the 4th respondent as illegal, arbitrary and unconstitutional and also to issue consequential direction to the 4th respondent not to refuse registration of documents in respect of the aforementioned land. 2. The petitioners are the absolute owners of land measuring Ac. 10.56 cents in Sy.No.1257B of Nannur Village, Orvakal (M), Kurnool District. The first petitioner purchased the said land from Pedda Sanjeevaiah under registered Sale Deed bearing No.1114/1914. Pedda Sanjeevaiah sold the very same land to the adopted mother of the first petitioner, Sunkulamma, on 30.03.1955 under the Sale Deed bearing No.65/1955. She executed a registered Gift Deed bearing No.917/1984, dated 14.02.1984, in favour of the first petitioner by delivering the possession of total extent of land. The first petitioner accepted the gift and he has been in possession and enjoyment of the said property. The adopted mother of the first petitioner and her predecessors in title had been in possession and enjoyment of said property since 1984. The encumbrance certificate evidences that the predecessors of the first petitioner in title were the owners of the land and their ownership is established from 1876. 3. The first petitioner had executed a Gift Deed bearing No.1374 of 1998, dated 07.12.1998, in favour of the second petitioner who is his son gifting Ac. 3.00 cents of land out of Ac. 10.56 cents of land. The said Gift Deed was registered. Now, when the petitioner approached the 4th respondent for accepting the documents as he wanted to sell the rest of the land, he was informed that the lands in Nannur Village are Government lands and no registration can be entertained. 4. Learned counsel for the petitioners submits that there is no notification under Section 22-A of the Registration Act, 1908, notifying the lands in Nannur Village prohibiting registration. 5. Learned counsel for the respondents accepts this factual position. In view of the fact that there is no notification under Section 22-A of the Registration Act, 1908, therefore, the 4th respondent cannot refuse to entertain the documents submitted by the petitioners for registration. 6. In view of the above, this Writ Petition is allowed and the 4th respondent is directed to receive the documents presented by the petitioners and process the same for registration in accordance with law. There shall be no order as to costs. _______________________ ASHUTOSH MOHUNTA, J Date: 16th March, 2011 KL HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.6740 of 2011 Date: 16th March, 2011 KL