Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading : APHC010849382018 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: 41004/2018 Between: 1. B.SHIVA PRASAD, S/O. KRISHNA MURTHY, AGED ABOUT 55 YEARS, R/ O. H.NO.6-13-29, ARUNDELPET, GUTUR TOWN, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE (ASSIGNMENT) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, SRI BALAJI REGISTRATION DISTRICT, TIRUPATI, CHITTOOR DISTRICT. 3. THE SUBREGISTRAR, RENIGUNTA, CHITTOOR DISTRICT. 4. THE DISTRICT COLLECTOR, TIRUPATHI, CHITTOOR DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, TIRUPATHI, CHITTOOR DISTRICT. ...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 pleased to issue a writ, order or a direction, more particularly one in the nature 2 VS,J W.P.No.41004 of 2018 of Writ of Mandamus, declaring the action of the Respondents Nos.4 and 5 issuing the proceedings No.ROC.F1/ 2681 /97, dated 17.03.2015 over the properties of the petitioner in respect of the land in the Sy.No.49/9 and 49/10, situated at Damineedu Village, Tirupathi Rural Mandal, Chittoor District as prohibited property for registration under section 22-A of Registration Act, 1908, as illegal, arbitrary, unreasonable, abuse of their power, without issuance of notice to the petitioner and contrary to the provisions of the Registration Act, and also against to the principles of natural justice and rights guaranteed by the Constitution of India and issue a consequently declare that the properties of the petitioners are alienable and further directing the Respondents Nos.2 and 3 to receive, register and release the document presented by the petitioner and 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 direct the respondent Nos.2 and 3 to receive and register the documents in respect of the land in the Sy.No.49/9 and 49/10, situated at Damineedu Village, Tirupathi Rural Mandal, Chittoor District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. CH VENKAT RAMAN Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 3 VS,J W.P.No.41004 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 a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents Nos.4 and 5 issuing the proceedings No.ROC.F1/ 2681/97, dated 17.03.2015 over the properties of the petitioner in respect of the land in the Sy.No.49/9 and 49/10, situated at Damineedu Village, Tirupathi Rural Mandal, Chittoor District as prohibited property for registration under section 22-A of Registration Act, 1908, as illegal, arbitrary, unreasonable, abuse of their power, without issuance of notice to the petitioner and contrary to the provisions of the Registration Act, and also against to the principles of natural justice and rights guaranteed by the Constitution of India and issue a consequently declare that the properties of the petitioners are alienable and further directing the Respondents Nos.2 and 3 to receive, register and release the document presented by the petitioner and pass ….” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 3. The case of the petitioner is that he is the absolute owner and possessor of land admeasuring Ac.0.44 cents and Ac.0.08 cents in Sy.No.49/9 and 49/10 respectively situated at Damineedu Village, Tirupati Rural Mandal, Chittoor District, having purchased the same from one P. Sidda 4 VS,J W.P.No.41004 of 2018 Reddy and others and since then he has been in peaceful possession and enjoyment of the same. 4. The grievance of the petitioner is that respondents No.2 and 3 are refusing to receive the document presented by the petitioner in respect of the subject land for registration on the ground that the subject land is included in the prohibitory list maintained under Section 22-A of the Registration Act, 1908. Aggrieved by the said action, the petitioner has filed the present writ petition. 5. Respondent No.3 has filed counter affidavit stating that the subject land is notified as Government land vide Gazette No.7/2015 dated 29.04.2015 and therefore, prohibited from registration under Section 22-A 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 further contended that in fact, no document was presented by the petitioner for registration and if any document is presented, the same will be received and processed as per the provisions of Registration Act and relevant rules. It is, therefore, prayed to dismiss the writ petition. 6. In this regard, it is relevant to refer to Section 71 of the Act, which reads as follows: 5 VS,J W.P.No.41004 of 2018 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. 7. In the light of the above provision and in view of the stand taken by the 3rd respondent in the counter-affidavit that if any document is presented by the petitioner, the same will be received and processed as per the provisions of Registration Act and relevant rules, respondent Nos.2 and 3 are 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 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. 8. With the above directions, the Writ Petition is disposed of. No costs. 6 VS,J W.P.No.41004 of 2018 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.41004 of 2018 138 THE HON’BLE SMT JUSTICE V.SUJATHA W.P.No.41004 OF 2018 01.07.2026 Pmk