ORDER:

The present Writ Petition came to be 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 4th respondent in refusing to receive and register the document of Sale Deed relating to the property situated in Municipal Door No. 2/802, 2/804 and 2/805 admeasuring 4399 sq feet situated in Survey No. 315/1 at Proddatur Municipality, Proddatur Town of YSR Kadapa District with built in house including the proceedings issued by the 3rd respondent dated 24.06.2016 as illegal, arbitrary, ultra vires and violative of Article 14, 300-A of the Constitution of India and consequently to direct the respondents to receive and register the document of Sale Deed pertaining to the said property and release the same to the petitioner without giving effect to the proceedings of the 3rd respondent dated 06.05.2014…”.

2. The petitioner is the absolute owner and possessor of the house property bearing Door No. 2/802, 2/803 and 2/804 and 2/805 situated in Sy.No.315/1 comprising of land admeasuring to an extent of 4399 sq yards having succeeded under the will executed on 01.08.2004 by his mother, who purchased under registered sale deed bearing No. 108 of 1980, 774 of 1984 and 3592 of 1989 respectively. The grievance of the petitioner is that the respondents are refused to register the document presented for registration on the ground that the subject property was registered under Section 43 of the Charitable and Endowments Act.

Hence, the present writ petition.

3. This Court on 18-12-2017 while admitting this writ petition has passed the following interim order:-

“Having regard to the order dt. 14.08.2017 in W.P.No.

23821 of 2015 holding that the land in Sy. No.315 is private land, to which order the 3rd respondent is a party, the 3rd respondent cannot now instruct the 4th respondent to refuse registration of the petitioner’s documents in the same survey number on the plea that it is an endowment land, without challenging the said order referred to above and having it set aside.

Therefore, there shall be interim direction to the 4th respondent to ignore the communication of the 3rd respondent stating that the subject land is endowment property, and proceed to register the same strictly in accordance with provisions of the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, such registration will be subject to the result of the writ petition as well as the order dated 12-05-2016 in Special Leave to Appeal ( C) No. 8917 of 2016 and batch of the Supreme Court.”

4. The 4th respondent has filed the counter stating that as per the list communicated by the Commissioner, Endowments on 06.10.2016, the subject land is classified as Endowments land and the petitioner has to approach the Commissioner for deletion of the above land from the list under Section 22-A.

5. Learned Government Pleader for Revenue stated that the Government constituted a Committee to consider the grievances of persons affected by the Notifications under Section 22-A of the Registration Act, 1908 regarding registration of prohibited properties, as per the orders dated 23.12.2015 passed in W.A.Nos.232 of 2012, 352 of 2013 and 343 of 2015, keeping in view the G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016.

6. On a perusal of the contents of the writ petition, it appears that the petitioner has not made any such application as required under G.O.Ms.No.300, dated 05.07.2016.

7. In view of the same, without going into the merits of the case, this Writ Petition is disposed of giving liberty to the petitioner to make appropriate application through Mee-seva on payment of requisite fee for de-notifying the subject property from the list of prohibited properties notified under Section 22-A of the Registration Act, 1908 within a period of two (2) weeks from the date of receipt of a copy of this order and on receipt of such ap