ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief :

“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 3rd respondent in including the petitioners patta lands in an extent of Ac. 0.85 cents in Sy.No. 258, Ac. 0.04 cents in Sy.No. 259/1, Ac.1.05 cents, (out of Ac 3 32 cents) in Sy No 259/2, Ac 0.06 cents in Sy.No. 259/3 and Ac.1.40 cents (out of Ac 3.15 cents) in Sy.No.247/B in total Ac 3.40 cents situated in T.P.Gudur Village and Mandal, SPSR Nellore District in the prohibitory list, without there being publication of District Gazette and without notice to the petitioner and in insisting the petitioner to produce No Objection Certificate from the 4th respondent as illegal, arbitrary and in violation of Articles 14 and 300-A of the Constitution of India contrary to the provisions of the Registration Act and violation of principles of natural justice and consequently, direct the 3rd respondent to receive and process the documents presented by the petitioner in respect of the above property and release the same after due registration without insisting the no objection certificate from the 4th respondent and pass such other orders….”

2. The case of the petitioner in brief is that she is the owner of the land in an extent of Ac. 0.85 cents in Sy.No. 258, Ac. 0.04 cents in Sy.No. 259/1, Ac.1.05 cents, (out of Ac 3.32 cents) in Sy.No. 259/2, Ac 0.06 cents in Sy.No. 259/3 and Ac.1.40 cents (out of Ac 3.15 cents) in Sy.No.247/B in total Ac 3.40 cents situated in T.P.Gudur Village and Mandal, SPSR Nellore District, having purchased the same under a Registered Sale Deed vide document No. 1169 of 2004, dated 26.11.2004 from Muvva Mahesh Babu and another, since then she has been in possession and enjoyment of the same. The Revenue authorities have also issued pattadar pass book and title deed in his favour and her name is duly mutated in all revenue records. While the matter stood thus, the petitioner intended to dispose of the land and approached the 3rd respondent for registration of the document, who refused to receive the same and insisted her to submit “No Objection Certificate” from the 4th respondent, since the subject land is included in the prohibited property list under Section 22-A of the Registration Act, as per directions of the 4th respondent. The 3rd respondent issued an endorsement dated 23.07.2015 to that effect. Hence, the action of the 3rd respondent is illegal, arbitrary and the same is questioned in this writ petition and requested to issue a direction as stated supra.

3. No counter is filed by the respondents. None appeared for 4th respondent.

4. Sri P. Narahari Babu, learned counsel for the petitioner would contend that when it is a private patta land, purchased under Registered Sale Deed, question of keeping the same in the prohibited property list under Section 22-A of the Registration Act, does not arise, in view of latter dated 02.02.2012 addressed by the 4th respondent for recovery of tax dues by Sale Tax Department to one Muvva Mahesh Babu, who is a partner of M/s The South-East Construction Company, Nidubrolu is illegal, arbitrary and the 4th respondent has no authority to issue such direction and 3rd respondent has no jurisdiction to include the property in the prohibited property list under Section 22-A(e) of the Registration Act and requested to issue a direction.

5. Learned Assistant Government Pleader for Stamps and Registration would submit that in view of the letter addressed by the 4th respondent, the Registrar did not receive and register the document, thereby there is no illegality in the action of the 3rd respondent and requested to dismiss the writ petition.

6. As seen from the material on record, the property was purchased by this petitioner under a Registered Sale Deed bearing document No. 1169 of 2004, dated 26.11.2004 for valid sale consideration and he intended to s