ORDER : The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 & 3 in including the lands admeasuring Ac.1.92 cents in Sy. No.497/2B, Ac.1.92 cents in Sy. No.497/3B, Ac.2.56 cents in Sy. No.497/4, Ac.0.78 cents in Sy. No.497/5B, Ac.0.80 cents in Sy. No.497/6B, Ac.0.70 cents in Sy. No.497/7B, Ac.0.80 cents in Sy. No.497/8B, Ac.2.25 cent in Sy. No.499/2A of Avilala Village accounts, Tirupathi Rural Mandal, Chittoor District in the list of prohibited lands under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and communicating it to the 4th respondent as wholly arbitrary, illegal, unjust, void, contrary to law and unconstitutional and to issue a consequential direction to the 4th respondent not to refuse registration of documents in respect of the lands, Ac.1.92 cents in Sy. No.497/2B, Ac.1.92 cents in Sy. No.497/3B, Ac.2.56 cents in Sy. No.497/4, Ac.0.78 cents in Sy. No.497/5B, Ac.0.80 cents in Sy. No.497/6B, Ac.0.70 cents in Sy. No.497/7B, Ac.0.80 cents in Sy. No.497/8B, Ac.2.25 cent in Sy. No.499/2A of Avilala Village accounts and to pass such other and further orders…” 2. The brief facts of the case are that, the Avilala Cooperative House Building Society Limited is a Society registered under the A.P. Co-operative Societies Act, having registered No.S.835 and that the Society is represented by its Secretary, who is empowered to represent, to sue or to be sued and to defend the interest of the Society. On 17.09.1992, i.e., initially, the Society submitted proposals to the Divisional Co-operative Officer, Tirupathi, with 40 members to accord permission to form a Co-operative House Building Society under the name and style of "The Avilala Co-operative House Building Society" and the said request was considered by the competent authority, and directed the Chief Promoter of the petitioner-Society to deposit a sum of Rs.15,000/- towards share capital and submit an agreement of sale of the land, which is to be not less than Ac.5-00 cents to be distributed among the members of the Society. 3. Accordingly, the Chief Promoter of the petitioner- Society deposited the said amount towards registration fee of the Society and also entered into an agreement of sale for the purchase of lands in Sy. 3. Accordingly, the Chief Promoter of the petitioner- Society deposited the said amount towards registration fee of the Society and also entered into an agreement of sale for the purchase of lands in Sy. Nos.497/2, 497/3 and 497/4 with one B. Narayanaswamy and Yasodamma, who were the absolute owners and enjoyers of the lands in the said survey numbers and submitted all the relevant documents to the Divisional Cooperative Officer, Tirupathi. Thereafter, the proposals of the petitioner-Society have been forwarded through proper channel to the Commissioner of Co-operation & Registrar of Co-operative Societies, Hyderabad, who in turn, permitted the Divisional Cooperative Officer, Tirupati to register the Society and thereafter, the Divisional Co-operative Officer, Tirupathi provisionally registered the Society as Regd.No.S.62 and issued certificate, with certain conditions, namely that the Society shall get the lay out approved by TUDA and also admit the members not less than 50 and further directed the petitioner-Society to deposit an additional share capital of Rs.35,000/-, which was also deposited by the petitioner-Society. 4. Subsequently, the strength of the members of the Society increased and the members are more than 200 and in view of the same, the Chief Promoter thought of purchasing more land than the extent that was already secured by way of agreement of sale with the said B. Narayanaswamy and Yasodamma. Consequently, the petitioner-Society requested the Deputy Registrar of Co-operative Societies, Tirupathi, to accord permission for the purchase of more land in Sy. Nos.499/2, 497/5, 497/6, 497/7 and 497/8. 5. After duly obtaining permission from the Divisional Co-operative Officer, the petitioner-Society have purchased the above stated lands under separate registered sale deeds in good faith and for valuable consideration. After purchase of the said properties, the Society spent considerable amounts for leveling and developing the lands, requested the vendors to obtain a certificate from the Revenue Divisional Officer, Tirupathi in order to get an approved lay-out from TUDA. The land owners/vendors applied for a certificate from the Revenue Divisional Officer, Tirupathi and the said authority after due enquiry furnished the certificate in L.Dis.3993/92, dated 03.03.1993, holding that the subject lands of Avilala Village are patta lands, which are under the possession and enjoyment of the vendors of the petitioner-Society. 6. The land owners/vendors applied for a certificate from the Revenue Divisional Officer, Tirupathi and the said authority after due enquiry furnished the certificate in L.Dis.3993/92, dated 03.03.1993, holding that the subject lands of Avilala Village are patta lands, which are under the possession and enjoyment of the vendors of the petitioner-Society. 6. On the request of the petitioner-Society to change the use of land from agriculture to house plots, the TUDA, accepted the same, vide endorsement in R.O.C. No.1361/G1/93, dated 16.09.1993, and directed the petitioner- Society to submit lay-out plan, xerox copies of sale deeds along with a certificate from the R.D.O., Tirupathi. In terms of the said direction of TUDA, the petitioner-Society, submitted all the relevant documents, along with plan and also remitted a scrutiny fee of Rs.600/- vide Challan No.209, dated 16.12.1993. Thereafter, TUDA after perusing all the documents approved the lay-out tentatively in ROC.No.24/G/93, dated 18.02.1994. After the tentative approval, the petitioner-Society approached the Divisional Co-operative Officer, Tirupathi for grant of final registration and accordingly, the Deputy Registrar of Cooperative Societies, Tirupathi forwarded the proposals to the District Co-operative Officer, Chittor, who in turn, submitted the same to the Commissioner of Co-operative Societies, Andhra Pradesh, Hyderabad, through the District Collector, Chittoor and after the grant of permission by the Commissioner, the Deputy Registrar of Co-operative Societies, Tirupati had issued a final Registration Certificate under Registration No.S.835, in Rc.No.3012/92-D, dated 17.08.1994. Thus, the petitioner- Society converted the lands, so purchased, into plots by obtaining necessary permission and clearance from the authorities. 7. Thereafter, the Society transferred several plots in favour of its members under registered sale deeds, which were entertained by the 4th respondent herein. 8. While the matter being so, when the 3rd respondent herein illegally tried to interfere with the possession and enjoyment of the members of the Society and tried to dispossess them, the petitioner's Society instituted a suit O.S. No.13 of 2000 on the file of the Court of the V Additional District Judge, Tirupati and on contest by the defendants therein and the respondents 2 and 3 herein and after duly conducting and enquiry , the suit was decreed vide decree and judgment dated 20.11.2012 and the said judgment has become final since no appeal has been preferred against the above said decree and judgment by the respondents 2 and 3. As such, the judgment and the observations thereon are binding on the respondents 2 and 3 and TUDA. 9. The main grievance of the petitioner is that in spite of all these facts, when the Society intended to execute sale deeds in favour of its remaining other members by transferring the plots, the Sub-Registrar i.e., the 4th respondent herein had refused to register the said properties on the ground that the said properties are included in the prohibitory list prepared by the Revenue Department and communicated the same to him and insisted to obtain NOC from the competent Revenue authorities and delete the subject land from the prohibitory list prepared and communicated by the Revenue Department, challenging which the present writ petition is filed. 10. The 3rd respondent filed counter affidavit stating that Avilala village of Tirupati Rural Mandal is ryothwari village and survey settlement operations were completed in the year 1916 and as per Resurvey Settlement Register of Avilala village, the land in Sy.No.497 admeasuring an extent of Ac.18.69 cents is classified as Assessed Waste Dry. It is also stated that the land was sub-divided for eventual assignment and the subject lands in Sy.No.497/2 admeasuring an extent of Acs.2.28, Sy.No.497/3 admeasuring an extent of Acs.2.28 cents, Sy.No.497/4 admeasuring an extent of Acs.2.56 cents, Sy.No.497/5 admeasuring an extent of Acs.1.06 cents, Sy.No.497/6 admeasuring an extent of Acs.1.06 cents and Sy.No.497/7 admeasuring an extent of Acs.1.06 cents, Sy.No.497/8 admeasuring an extent of Acs.1.07 cents and Sy.No.499/2 admeasuring an extent of Acs.3.26 cents were granted DKT Pattas with non-alienable condition under normal dharakasth rules after issuance of G.O.Ms.No.1142, dated 18.06.1954. 11. It is further stated that since the lands are assigned lands, all the rights are vested with the Government and transactions over the lands are prohibited and the petitioner- Society based on the sale transactions is claiming right over the subject lands and without having any right over the properties covered in the registered sale deeds does not provide any right and title to anybody. 12. 12. It is also further stated that having regard to the suit in O.S.No.13 of 2000, the said suit was allowed and limited to the permanent injunction only, but not for right and title over the subject lands and further stated that on filed inspection of the subject lands, the lands are covered with thorny bushes and no house site lay out has been formed, and not existing on ground even today, therefore the injunction orders does not apply. 13. It is further stated in the counter affidavit that since the subject lands were assigned after 18.06.1954 with non-alienable condition, the lands were kept under Section 22A(1)(a) i.e. category of assigned lands and 22A(1)(b) i.e. under category of Government lands prohibiting registration and since the lands were assigned after G.O.Ms.No.1142, dated 18.06.1954, with non-alienable condition, all rights are vested with the Government. 14. The 4th respondent had filed counter affidavit stating that the survey numbers 497/2B, 497/3B, 497/4, 497/5B, 497/6B, 497/7B, 497/8B, 499/2A Situated at Avilala Revenue Village of Tirupati Rural Mandal are included in the list of prohibited properties communicated by the Tahsildar, Tirupati Rural Mandal vide his letter No.Roc/D/291/2012, dated 24.03.2012 and the properties covered by the above said survey numbers are published in District Gazette No.07/2015, dated 29.04.2015, vide District Collector, Chittoor File No.F2/7509/2014, dated 07.07.2015, in pursuance of a notification issued under Section 22A of the Registration Act, 1908 and therefore the said lands are prohibited from Registration. 15. It is further stated that it is true that a document purporting to be a gift deed executed on 07.03.2015 by Sri C. Rama Chandra Naidu in favour of his son Babu Naidu and presented for Registration of a plot No.56 in survey numbers 497/2, 497/3, 497/4, 497/5, 497/6, 497/7, 497/8 and 499/2 situated in Avilala revenue village of Tirupati Rural Mandal, Chittoor district and as per the titles in the document, the said Gift Deed has been executed in pursuance of orders dated 11.03.2014 issued by this Court in W.P. No.2868 of 2014, Which is held as under; "Having regard to the submissions made, there shall be an interim direction directing the Sub-Registrar, Tirupati Rural, Chittoor district (third respondent), to receive and process the Deed of Conveyance in respect of lands in Sy. Nos.497/2, 497/3, 497/4, 497/5, 497/6, 497/7, 497/8 and 499/2 of Avilala village, Tirupati Rural Mandal, Chittoor District, if the letter of the Revenue Divisional Officer wide letter No.L.Dis.3993/92, dated 03.03.1993, to the Vice-Chairman, Tirupati Urban Development Authority, Tirupati, is in force and release the same if the same is in accordance with the Registration Act, 1908 and the Indian Stamps Act, 1899. However, it is made clear that any such registration shall abide the result of the writ petition." 16. It is further stated that the said Gift Deed kept pending and assigned pending document No.23 of 2015 and in pursuance of directions of this court, a letter has been addressed by this office to RDO, Tirupati, seeking clarification whether the letter No.L.DIS.3993/92, dated 03.03.1993 in respect of Avilala Revenue Village pertaining to Sy.Nos.497/2, 497/3, 497/4, 497/5, 497/6, 497/7, 497/8 and 499/2 addressed to TUDA, Tirupati by their office was true and if so, whether it is still in force and no reply was received from the RDO, Tirupati. 17. It is also stated that Tahsildar, Tirupati Rural, vide his Letter No.ROC/D/291/2012, dated 24.03.2012 communicated the updated and latest list of prohibited properties in supersession of previous lists furnished by the Revenue authorities and the said latest list is in force and is being followed by this office for registration purpose and the Sy. Nos.497/2B, 497/3B, 497/4, 498/5A, 497/5B, 497/5C, 497/6A, 497/6B, 497/6C, 497/7A, 497/7B, 497/7C, 497/8A, 497/8B, 497/8C and 499/2A, 499/2B are classified as Government lands and are included in the above said latest prohibited property list i.e. on 2403.2012. 18. It is further stated that the registration of Plot No.56 covered by survey numbers 497/2, 497/3, 497/4, 497/5, 497/6, 497/7, 497/8 and 499/2 of Avilala village of Tirupati Rural Mandal is prohibited and as such, the said document related to transfer of immovable property classified as government land which is prohibited for registration as per section 22A(1)(b) of the Registration Act, 1908 (as amended by ACT 19 of 2007) and therefore, registration of the said pending document was refused. 19. 19. It is further stated in the counter affidavit that the Registering Officer, has no power to adjudicate the title of the property and he is strictly bound by the provisions of the Indian Stamp Act, 1899 and Registration Act, 1908 and in the instant case, the survey numbers 497/2B, 497/3B, 497/4, 497/5B, 497/6B, 497/7B, 497/8B, 499/2A of Avilala village are classified as Government Lands/Assigned Lands which are prohibited from registration. 20. On perusal of the counter affidavits of both the respondent Nos.3 and 4, it is clear that the lands have been notified and the survey numbers have been published in the District Gazette No.07/2015, dated 29.04.2015, vide District Collector, Chittoor File No.F2/7509/2014, dated 07.07.2015, in pursuance of the notification issued under Section 22A of the Registration Act, 1908. 21. The point to be considered in this case is that whether the 4th respondent can refuse to register the document presented by the petitioner relying upon the Letter No.ROC/D/291/2012, dated 24.03.2012 communicated by the 3rd respondent-Tahsildar, Tirupati Rural, herein, who does not have any jurisdiction to issue such instructions or including the properties in the prohibitory list. The State Government issued certain guidelines vide Circular Memo No.G1/19131/05, dated 14.09.2007, 2nd para of the memo is relevant for the purpose of deciding the real controversy, which reads as follows: “.. For the purposes of Section 22-A(1)(b), the District Collectors shall furnish the lists of immovable properties owned by the State or Central Government as the case may be to the Registering Officers having jurisdiction over such property and also the District Registrar, Deputy Inspector General (R&S) concerned and Commissioner & Inspector General of Registration and Stamps in the proforma appended in Annexure-II. The list must be signed by the concerned authorized representative of Central/State Government as the case may be.” 22. Hence, the letter sent by Tahsildar, vide No.ROC/D/291/2012, dated 24.03.2012 communicated by the 3rd respondent-Tahsildar, Tirupati Rural, including the property in the prohibitory properties list under Section 22-A of the Registration Act, 1908 is illegal, arbitrary and without authority as per law and without jurisdiction. Hence, the letter sent by Tahsildar, vide No.ROC/D/291/2012, dated 24.03.2012 communicated by the 3rd respondent-Tahsildar, Tirupati Rural, including the property in the prohibitory properties list under Section 22-A of the Registration Act, 1908 is illegal, arbitrary and without authority as per law and without jurisdiction. This Court also feels that it is appropriate to direct the Sub-Registrar-respondent No.4 to receive and register the document(s) presented by the petitioner, in accordance with Section 71 of the Registration Act, 1908, which reads as follows: “(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his 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.” 23. In view of the above stated reasons, this writ petition is allowed by setting aside the letter vide No.ROC/D/291/2012, dated 24.03.2012 and thereafter, the 4th respondent is directed to receive and process the documents presented by the petitioner in respect of the subject property, within a period of three (3) months from the date of receipt of a copy of this order. 24. Accordingly, this Writ Petition is allowed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed.