The petitioners assail the Memo dated 30.1.2010 issued by the Sub-Registrar of Assurances and Registration, Bangarupalyam, Chittoor District, Respondent-3, calling upon them to get clearance from the Revenue authorities with regard to the land in S.No:205/5 of Mogili Venkatagiri Revenue village of Bangarupalyam Mandalam, Chittoor District, for getting their document registered. They seek a consequential direction to Respondent-3 to register the document presented by them in respect of the said land.

It is the case of the petitioners that the predecessor-in-title of the 1st petitioner was granted a ryotwari patta under the A.P. (A.A.) Estates (Abolition and Conversion into Ryotwari) Act, 1948 by the Settlement Officer, Nellore in the year 1981. When the Director of Settlement, Hyderabad initiated suo-moto proceedings and cancelled the ryotwari patta in the year 2003, the 1st petitioner filed a revision before the Commissioner of Land Revenue, which was allowed by order dated 16.3.2006 upholding the order of the Settlement Officer, Nellore. Thereby, the ryotwari patta granted in favour of the predecessor-in-title of the 1st petitioner stood confirmed.

It is stated that the order dated 16.3.2006 passed by the Commissioner, Land Revenue, Hyderabad has not been challenged till date. While so, the 1st petitioner being desirous of executing a registered sale deed in respect of this land in favour of the 2nd petitioner, approached the registration authorities. Thereupon, the impugned memo dated 30.1.2010 was issued by the Sub Registrar of Assurances and Registration, Bangarupalyam stating that the land in question is classified as ‘assigned land and cart track’ as per the revenue records submitted by the Tahsildar, Bangarupalyam and informing the petitioners to obtain clearance from the revenue authorities for getting the document registered.

In the counter affidavit filed on behalf of the revenue authorities, the Tahsildar, Bangarupalyam, while admitting that the ryotwari patta issued to the predecessor-in-title of the 1st petitioner stood confirmed by the order of the Commissioner of Land Revenue dated 16.3.2006, stated that the matter had been referred to the Government for filing of a writ petition challenging the same.

It is admitted by the learned Asst. Government Pleader for Revenue that no prohibition with regard to registration of documents relatable to Section 22 –A of the Registration Act, 1908 is extant, in so far as this land is concerned.

Section 22-A of the Registration Act, 1908 reads as under:

Section 22A: Prohibition of Registration of certain documents:-

(1) The following classes of documents shall be prohibited from registration, namely -----

(a)documentsrelating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute of the State or Central Government.

(b)documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immovable property owned by the State or Central Government, executed by persons other than those statutorily empowered to do so;

(c)documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property owned by Religious and Charitable Endowments falling under the Purview of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or by Wakfs falling under the Wakfs Act, 1995 executed by persons other than those statutorily empowered to do so;

(d)Agricultural or urban lands declared as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling and Regulation) Act, 1976.

(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,