Telangana High Court
WP/26600/2006 of Smt.Laxmi, Vs The Government of A.P., represented by its secretary, on 22 December 2006
SRI JUSTICE V.V.S.RAO WRIT PETITION No.26600 of 2006 22-12-2006 Between: Smt.Laxmi ..... PETITIONER AND The Government of A.P., rep. by its Secretary, Hyderabad and others. .....RESPONDENTS THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.26600 of 2006 ORDER: It is alleged that the
THE HON'BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.26600 of 2006
Between:Smt.Laxmi
AND
22-12-2006
..... PETITIONER
The Government of A.P., rep. by its Secretary, Hyderabad and others.
.....RESPONDENTS
THE HON’BLE SRI JUSTICE V.V.S. RAOWRIT PETITION No.26600 of 2006
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ORDER:
It is alleged that the petitioner, having purchased plot bearingNo.181 admeasuring about 472.22 square yards/394.7 square meters insurvey No.74/7 situated in the layout of Dhanalaxmi Co-operativeHousing Society Limited, Mahindra Hills, Secunderabad, from Smt.Premalatha Prasad, who executed sale deed, dated 17-05-2006,presented the sale deed for registration before the third respondent, whothough initially received the document, subsequently informed that inview of issuance of G.O.Ms.No.365 dated 30-05-2000 by theGovernment in purported exercise of power under Section 22-A of theRegistration Act, 1908 (the Registration Act, for brevity) as amended bythe Registration (Andhra Pradesh Amendment) Act, 1999, the documentpresented by her cannot be registered and kept the document pending. Hence, the present Writ Petition.
In State of Rajasthan v. Basant Nahata[[1]], the Supreme Courtstruck down the provision in Registration Act as amended by the State ofRajasthan as ultra vires. Following the same, a Division Bench of thisCourt in its judgment dated 07-12-2005 in W.P.No.14099 of 2003 andbatch struck down Section 22-A of the Registration Act as applicable inState of Andhra Pradesh. It is brought to the notice of this Court thatSpecial Leave Petition filed by the State Government against the saidjudgment was also dismissed by the Supreme Court on 11-08-2006, andtherefore, the impugned action cannot be sustained. It is also brought tothe notice that this Court by common order dated 22-06-2006 inW.P.No.6925 of 2000 and batch, while allowing the writ petitions, hasalready quashed G.O.Ms.No.365, dated 30-05-2000.
Following the same, this Writ Petition is disposed of directing thethird respondent or any other Registering Officer to accept the documentpresented by the petitioner and to consider the same for registration. Beit noted, if for any reason, the document cannot be registered, it isincumbent on the part of the Registering Officer to record and furnishreasons under Section 71 of the Registration Act to the petitioner.
Before parting with this case, having regard to the submission ofthe learned Assistant Government Pleader for Revenue (General-T) thatthe Government filed a Land Grabbing Case before the Special Courtconstituted under the Andhra Pradesh Land Grabbing (Prohibition) Act,1982, is pending, this Court observes that it shall be open to the DistrictCollector, Hyderabad, and other revenue officials to approach theSpecial Court and obtain appropriate orders against the petitioner, if soadvised.
The Writ Petition, subject to the above observations, isaccordingly disposed of. No costs.
22.12.2006Note:Furnish C.C. in one week. (B/o) GJ
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(V.V.S.RAO, J)
[1](2005) 12 SCC 77 = 2005 AIR SCW 4456