Telangana High Court
WP/27570/2005 of Smt.K.Saritha Vs The District Collector, on 28 December 2005
MR. JUSTICE V.V.S. RAO WEDNESDAY, THE 28TH DAY OF DECEMBER, 2005 W.P.No. 27570 of 2005 Between:- Smt. K. Saritha and two others. --Petitioners And The District Collector, Rangareddy district, Lakdikapool, Hyderabad and two others. --Respondents THE HON’BLE MR. JUSTICE V.V.S. RAO
WEDNESDAY, THE 28[TH] DAY OF DECEMBER, 2005
W.P.No. 27570 of 2005
Between:-
Smt. K. Saritha and two others.
And
--Petitioners
The District Collector, Rangareddy district, Lakdikapool, Hyderabad and two others.
--Respondents
THE HON’BLE MR. JUSTICE V.V.S. RAO
W.P.No. 27570 of 2005
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:O R D E R:
The petitioners filed the instant writ petition seeking invalidation of a circularinstructions vide Rc.No. E2/406/2001 dated 06-02-2001 issued by the JointCollector, Ranga Reddy district. Be it noted that by the impugned circular, all Sub-Registrars in the district were requested not to entertain any registration for lands ofagricultural or non-agricultural purposes without prior approval from the DistrictCollector.
The petitioners herein purchased house sites under registered sale deeds of 1987,1988 and 1996. When they wanted to alienate the house sites to third parties, theywere informed by the 3[rd] respondent about the prohibition imposed by the JointCollector. Hence, the petitioners filed the present writ petition.
It is brought to the notice of this court that a learned single judge of this court in M/sSainath Co-operative Housing Society Ltd., v. The District Collector, RangaReddydistrict (un-reported judgment dated 11-12-2003 in W.P.No. 1953 of 2002)considered the legal validity of the circular issued by the Joint Collector on 06-02-2001 and set aside the same on the ground that in the absence of any notificationissued by the Government of Andhra Pradesh under Section 22-A of theRegistration Act, 1908 (as amended by the State of Andhra Pradesh) (for short ‘theAct’), the impugned circular is without jurisdiction and competency. Be that as it is, itis also brought to the notice of this court recently in STATE OF RAJASTHAN v BASANT NAHATA[1], the Supreme Court considered the constitutional validity ofSection 22-A of the Act, as inserted by the State of Rajasthan in the Act, which is inpari materia, with Section 22-A of the Act introduced by the State of Andhra Pradeshin the Act. The Supreme Court declared Section 22-A of the Act (amendment to the State of Rajasthan) as un-constitutional and opposed to public policy. It is alsobrought to the notice of this court, a learned Division Bench of this court by orderdated 07-12-2005 in W.P.No. 14099 of 2003 and batch, followed the judgment of theSupreme Court in Basant Nahata ‘s case (1 supra), struck down Section 22-A ofthe Act, as inserted by the Andhra Pradesh Legislature in the Act. The legal position,as summed up herein, is not denied nor disputed by the learned AssistantGovernment Pleader. He also does not dispute that the Government of AndhraPradesh so far has not issued any notification under Section 22-A of the Actprohibiting the registration in Ranga Reddy district in survey No.227/1; 227/2E and228/A of Bahadurpalli village, Qutubullapur mandal, Ranga Reddy disttricdt. In thatview of the matter, the impugned circular cannot be sustained.
Following the judgment of this court in W.P.No.1953 of 2002, this writ petition is alsoallowed. There shall be no order as to costs.
28-12-2005
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V.V.S. RAO, J