Where a notification as envisaged under sub- section (2) of Section 22-A of the Act is issued, the Registering authority has no option except to refuse to register the document in view of the prohibition contained in sub-section (3) thereof. However, in the absence of notification, even if any communication is sent by the Revenue authorities claiming the land as belonging to the Government, such a communication does not bind the Registering authority. The Registering authority can, at best, consider whether any material in support of the claim of the Revenue Department is available and take appropriate decision under Section 71 of the Act after considering the material that may be submitted by the party presenting the document to substantiate his plea that the land is a private land. In the absence of a notification, the Registering officer cannot refuse to receive the document by elevating the status of the prohibitory lists sent by the Revenue Department to that of statutory notifications issued under sub-section (2) of Section 22-A of the Act. (emphasis supplied) 9.5 In this judgment (Raavi Satish and Others v. State of A.P and Others) the learned Judge has extensively dealt with the properties in respect of which entries in ReSettlement Register (RSR) contain dots or describe such properties/lands as Assessed Waste Dry (AWD) and so also the assigned lands and issued directions as to how registering authorities should deal with the documents when presented for registration in respect of such properties. The learned Judge has also dealt with the properties belonging to Religious, Charitable Endowments and Wakfs falling under the A.P. Hindu Religious Institutions and Endowments Act, 1987, and Wakfs Act, 1995, respectively and issued directions as to how to deal with the documents presented for registration in respect of such properties. Issuance of notification under sub- section (2) of Section 22-A is held to be mandatory and where a property is covered by the notification, it is observed that registration of such a document can be refused by the Registering Authority.
