Date of reserved for orders : Date of pronouncement :01.07.2026 Date of uploading : APHC010870082018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 42026/2018 Between: 1. S.CHAND BASHA, S/O BANDI ABDUL JABBAR AGED ABOUT 55 YEARS, RESIDENT OF D.NO.46/ 185 KURNOOL, KURNOOL DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT REGISTRAR, KURNOOL DISTRICT. KURNOOL 3. THE SUB REGISTRAR, KALLUR KURNOOL DISTRICT 4. THE TAHASILDAR, KALLUR MANDAL, KURNOOL DISTRICT 5. ANDHRA PRADESH WAKF BOARD, VIJAYAWADA REP. BY ITS SECRETARY ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 VS,J W.P.No.42026 of 2018 pleased 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 refusing to register sale transactions of the petitioner in respect of land in Sy.No.128 admeasuring Ac.1.60 cents of Kallur village and mandal, Kurnool district on the basis of the letter dated 3.12.2012 issued by the 5th respondent inspite of the orders of this Honble Court passed in W.P.No.38486/2012 dated 24.12.2012 as illegal arbitrary and one without jurisdiction and consequently direct the 31c respondent to register the sale deeds submitted by the petitioner in respect of lands in Sy.No.128 admeasuring Ac.1.60 cents of Kallur village and mandal, Kurnool district and to pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to entertain the sale deeds of the petitioner with regard to land in Sy.No.128 admeasuring Ac.1.60 cents of Kallur village and Mandal, Kurnool district forthwith pending disposal of the writ petition. Counsel for the Petitioner: 1. G SRAVAN KUMAR Counsel for the Respondent(S): 1. MOHAMMED GAYASUDDIN 2. GP FOR REVENUE The Court made the following: 3 VS,J W.P.No.42026 of 2018 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 refusing to register sale transactions of the petitioner in respect of land in Sy.No.128 admeasuring Ac.1.60 cents of Kallur village and Mandal, Kurnool district, on the basis of the letter dated 3.12.2012 issued by the 5th respondent inspite of the orders of this Hon’ble Court passed in W.P.No.38486/2012 dated 24.12.2012 as illegal arbitrary and one without jurisdiction and consequently direct the 3rd respondent to register the sale deeds submitted by the petitioner in respect of lands in Sy.No.128 admeasuring Ac.1.60 cents of Kallur village and Mandal, Kurnool district and to pass….” 2. The case of the petitioner is that he is the absolute owner and possessor of the land to an extent of Ac.1.60 cents in Sy.No.128 of Kallur Village and Mandal, Kurnool District, by virtue of the Will dated 13.03.1987 executed in his favour by his father, who, in turn, purchased the said land under registered sale deed from the original pattadars. 3. While so, it is the grievance of the petitioner is that respondent No.3 are is refusing to receive the document presented by the petitioner in respect of the subject land for registration on the ground that the subject land belongs to Waqf Board as per the letter dated 03.12.2012 issued by the Waqf Board. Aggrieved by the said action, the petitioner has filed the present writ petition. 4 VS,J W.P.No.42026 of 2018 4. When the writ petition came up for admission on 23.11.2018, this Court passed the following interim order: “In view of the same, the 2nd respondent is directed to register the documents presented by the petitioner in respect of land measuring Ac.1-60 cents of Kallur village and Mandal, Kurnool district, and the same will be subject to further orders. There shall not be further transfer of subject land till further orders.” 5. Respondent No.3 has filed counter affidavit stating that the subject land is notified as Waqf land in the list of prohibited properties furnished by the Waqf Board vide Rc.No.01/Prot/AP/Genl/2016 dated 16.11.2016, under Section 22-A(1)(c) of the Registration Act, 1908. Therefore, since the subject land is notified in the prohibitory list, the registration of the document is contrary to law and the petitioner has to approach the appropriate authority for deletion of the subject land from the prohibitory list. It is, therefore, prayed to dismiss the writ petition. 6. Respondent No.5 also filed counter-affidavit, stating that the subject land belongs to Kummarvada Mosque and it is, therefore, a Waqf property and included in the list of Waqf properties prohibited for registration, and therefore, prayed to dismiss the writ petition. 7. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Standing Counsel for respondent No.5. 5 VS,J W.P.No.42026 of 2018 8. Though the 3rd respondent contended that the subject property is notified in the prohibitory list and, therefore, registration cannot be effected in respect of the subject property, there is nothing on record to show that the 3rd respondent has received the document presented by the petitioner and refused to entertain the same on the ground that it is included in prohibited properties list as required under Section 71 of the Registration Act, 1908. 9. In this regard, it is relevant to refer to Section 71 of the Act, which reads as follows: 71. Reasons for refusal to register to be recorded.-(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district, shall make an order of refusal and record the reasons for such order in his Book No.2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.” (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 10. In the light of the above provision, respondent No.3 is directed to receive and process the document(s), as and when presented by the petitioner for registration, in accordance with the provisions of Section 71 of the Act. If the document cannot be registered, the respondents shall pass 6 VS,J W.P.No.42026 of 2018 appropriate orders in accordance with Section 71 of the Registration Act, 1908, so as to enable the petitioner to avail the statutory remedy of appeal under Section 72 of the said Act. 11. With the above directions, the Writ Petition is disposed of. No costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 01.07.2026 Pmk Whether the order is: Speaking  Reasoned Reportable Non-reportable  7 VS,J W.P.No.42026 of 2018 203 THE HON’BLE SMT JUSTICE V.SUJATHA W.P.No.42026 OF 2018 01.07.2026 Pmk