ORDER :

S.V. Bhatt, J.

1. Heard Mr. R.N. Hemendranath Reddy, for petitioners and the learned Assistant Government Pleader for respondents.

2. Respondent Nos. 3 and 5 are present in the Court and have produced the record for inspection. The record produced by respondents is perused along with the counter affidavit of third respondent.

3. The subject matter of the Writ Petition is Survey Nos. 397/1 and 397/2 of Vempalli Village and Mandal, Y.S.R. Kadapa District.

4. The petitioners pray for mandamus declaring the action of respondent Nos. 2 and 3 in including the subject matter of the Writ Petition in prohibitory list either under Section 22(A)(1)(b) or Section 22(A)(1)(e) of the Registration Act, 1908 (for short, "the Act"), as arbitrary and unconstitutional and further pray for consequential direction to receive and register the documents presented under the Act for registration of the subject matter.

5. The petitioners aver that through registered sale deed dated 21.06.1927, the predecessors-in-interest of petitioners purchased the subject matter and ever-since are in possession and enjoyme. (sic) subject matter. The sale deed (sic) 21.06.1927, though refers to one (sic) number i.e. Survey No. 397/1, in the course of time the subject matter is sub-divided as 397/1 and 397/2. The petitioners refer to innumerable registrations taking place for subject matter of Writ Petition between 1983-2016 and contend that inclusion now in prohibitory list is impermissible. According to petitioners, the subject matter cannot and could not be treated as land which can be prohibited for any of the purposes stipulated under Section 22(A)(1)(b) or (e) of the Act. The petitioners, therefore, prayed for receiving the documents presented for registration for subject matter.

6. The third respondent filed counter affidavit. The counter affidavit justifies inclusion of subject matter in prohibitory list for the following reasons.

"In reply to para 2 of the petitioners affidavit, it is submitted that, originally, the land is classified as service Inam which is fully prohibited for taking up the any kind of registration. It will come through hereditary. As per rules applicable, the lands come under service Inam should be got converted into ryotvari patta so as to get rights like patta land. But, the lands have not been converted into ryotvari patta for which, it is highly objectionable for any kind of registration which is differed. Hence, the contention of the petitioners regarding the registration of such type of service Inam lands stressed in this para may not be correct and the same is liable to be rejected.

In reply to para 3 of the petitioners affidavit, it is submitted that while contacting the Sub-Registrar, Vempalli to issue market value certificate in respect of the lands in Sy.No. 397/1 & 2 extent 8.22 and 2.00 acres respectively totalling to an extent of 10.22 acres of Vempalli Village, he has bluntly refused stating that the lands are included in the prohibitory list under Section 22(A)(1)(a) of the registration and the same was uploaded in District website by the District Collector, since, the above lands are included in the prohibitory list, question regarding the registration of such lands does not arise. Sri R. Shiva Sankar Reddy and others have filed Writ Petition 12574/2018 duly praying for registration of their lands in Survey Nos. 397/1 and 397/2 extent 2.40 acres of Vempally Village which have been purchased from Sri Narasaiah and Rajaiah by way of registered Document dated 21.06.1927 and later on, apportioned among the following during the year 1969.