The petitioner is a Cooperative Housing Society. It has acquired properties in various survey numbers of Koritapadu village, Guntur mandal. The land purchased is said to have been converted into plots by obtaining necessary permission and clearance from the concerned authorities. The petitioner intended to execute sale deeds in favour of its members by transferring the plots so carved out. The petitioner approached the Sub-Registrar, Koritapadu, Guntur District, the second respondent herein seeking necessary information for the purpose of presenting the documents for registration. In the process, the second respondent has furnished a copy of the proceedings dated 30.08.2010 issued by the Tahsildar, Guntur District, the first respondent herein through which a list of endowments lands of Koritapadu Revenue Village of Guntur Mandal was furnished. Some of the properties acquired by the petitioner figured in that list. Since the inclusion of those lands would attract prohibition contained in Section 22-A of the Registration Act, 1908 (for short “the Act”) as amended by the A.P. State Legislation, the petitioner challenges the proceedings dated 30.08.2010 issued by the first respondent.

Sri P. Vijaya Kiran, learned counsel for the petitioner submits that there was absolutely no basis for the first respondent to include the lands in certain survey numbers in the list. He contends that even otherwise, the prohibition contained under Section 22-A of the Act would get attracted only when a notification is issued by the State Government as contemplated under Sub Section (2) of Section 22A.

Learned Government Pleader for Revenue for the respondents submits that once the first respondent has furnished a list of endowment properties within his jurisdiction, the prohibition contained in Sub Section (1)(c) gets attracted and that it is not necessary for the State Government to issue any notification. He submitted that in case, the petitioner is of the view that inclusion of certain lands in the impugned proceedings is not correct or improper, the only course open to it is to avail the remedy under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short “the Endowments Act”).

In the recent past, the State has been making various efforts to prevent the sale of lands belonging to the Government or religious institutions. Initially, Section 22-A of the Act was inserted. It was to the effect that in case a notification is issued by the District Collector indicating the survey numbers of the lands, registration in respect thereof should be prohibited. That provision was set aside by this Court following the judgment rendered by the Supreme Court. Thereafter, Section 22-A of the Act was inserted through Act 19 of 2007 and it reads as under:

22-A. Prohibition of Registration of certain documents:

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

a) documents relating 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 Reg