Because the property is included in the prohibited list under Section 22-A of the Registration Act, unless a gazette notification has been issued identifying such properties, hyderabad : Telangana high court has held that registration of land cannot be refused merely.
The court held that registration authorities cannot refuse registration solely on the basis of internal departmental communications in the absence of the mandatory gazette notification under Section 22-A. Accordingly, the court set aside the refusal orders issued in March 2013 and the appellate orders passed in May 2015, and directed the authorities to register the sale deeds, if otherwise in accordance with law. The court also ruled that registration cannot be denied on the basis of internal correspondence between govt departments. The court, however, clarified that the endowments department is at liberty to approach the endowments tribunal to establish its ownership claim over the properties.
Setting aside the earlier refusal orders, the court directed registration authorities to register the disputed lands situated in Chinthapally village and mandal of Nalgonda district, subject to compliance with other legal requirements.