GUNTUR CITY HOUSE CONSTRUCTION COOPERATIVE SOCIETY LTD Vs. TAHSILDAR GUNTUR MANDAL TALUKA OFFICE GUNTUR

JUDGEMENT

(1.) The petitioner is a Cooperative Housing Society. It has acquired properties in various survey numbers of Koritapadu village, Guntur mandal. The land purchased is said to have been converted into plots by obtaining necessary permission and clearance from the concerned authorities. The petitioner intended to execute sale deeds in favor of its members by transferring the plots so carved out. The petitioner approached the Sub-Registrar, Koritapadu, Guntur District, the second respondent herein seeking necessary information for the purpose of presenting the documents for registration. In the process, the second respondent has furnished a copy of the proceedings dated 30.08.2010 issued by the Tahsildar, Guntur District, the first respondent herein through which a list of endowments lands of Koritapadu Revenue Village of Guntur Mandal was furnished. Some of the properties acquired by the petitioner figured in that list. Since the inclusion of those lands would attract prohibition contained in Section 22-A of the Registration Act, 1908 (for short "the Act") as amended by the A.P. State Legislation, the petitioner challenges the proceedings dated 30.08.2010 issued by the first respondent.

(2.) Sri P. Vijaya Kiran, learned counsel for the petitioner submits that there was absolutely no basis for the first respondent to include the lands in certain survey numbers in the list. He contends that even otherwise, the prohibition contained under Section 22-A of the Act would get attracted only when a notification is issued by the State Government as contemplated under Sub Section (2) of Section 22-A.

(3.) Learned Government Pleader for Revenue for the respondents submits that once the first respondent has furnished a list of endowment properties within his jurisdiction, the prohibition contained in Sub Section (1)(c) gets attracted and that it is not necessary for the State Government to issue any notification. He submitted that in case, the petitioner is of the view that inclusion of certain lands in the impugned proceedings is not correct or improper, the only course open to it is to avail the remedy under Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "the Endowments Act").