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10. The respondent No.5 filed a counter affidavit stating inter alia that:-

The land admeasuring an extent of Ac.0-50 cents in Sy.No.94- A1, Kollur Panchayat and Mandal, Kurnool District is included in the list of prohibited properties list notified under Section 22-A(1) of the Registration Act, 1908. As per the communication made by the Chief Executive Officer, Hyderabad vide letter No.F.No.01/Prot/AP/Genl/2016, dated 16.11.2016, to the Commissioner and Inspector General of Registration and Stamps Department, it was disclosed that the land in question is a Wakf Board land and communicated the same to the Sub-Registrar. As per Section 51 of Wakf Board Act, 1955, the alienation of Wakf property is prohibited. As per the Section 36-A of the Wakf Act,1954, the alienation of Wakf property without sanction of the Board is void.

Thus, there is total prohibition against alienation of Wakf Properties both under the old enactment and under new enactment, without permission of the Wakf Board. The land in question is prohibited for registration as per Section 22-A (1) (c) of the Registration Act, 1908.

11. It is contended that Section 22-A of the Registration Act, 1908 was incorporated by the Act No.4 of 1999 to empower the State MSM,J WP_5190_2021 Government to notify the registration of such documents or class of documents as opposed to public policy and to reject their registration. The Hon'ble Supreme Court in State of Rajasthan Vs. Basant Nahata1 and High Court of Andhra Pradesh at Hyderabad in W.P.No.14099 of 2013 held that provisions of Section 22-A inserted by the Registration (A.P. Amendment) Act, 1999 is unconstitutional and struck down Section 22-A on the ground that public policy was not defined precisely.