IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.13398 OF 2002 Between: Balramnagar Welfare Association, Rep. President- B.N.Kishore Singh, R/o. 26-104/34, Plot.No.34, Balramanagar, Safilguda, Hyderabad. ..... PETITIONER AND 1 Govt. of A.P., Rep. Principal Secretary. Revenue Dept., Secretariat, Hyderabad. 2 The District Collector, R.R.District. 3 The Sub-Registrar, Malkajgiri, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring: a) Section 22 A incorporated in Registration Act by AP Amendment Act 4/1999 as illegal, arbitrary, ultravires, unconstitutional and invalid, b) the A.P.Registration (Prohibition of Registration of certain documents opposed to public policy) Rules 1999 and more particularly Rule 2(b) thereof and the consequent G.O.Ms.No.647, Revenue (Registration I) Dept., dated 03/10/2001 issued by the 1st respondent which was published in the Part-I Extraordinary of A.P.Gazette under Notification No. 403, dated 06/10/01 as being illegal, ultravires, and unconstitutional invalid and quash the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.T.PRASANNA KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.13398 OF 2002 O R D E R (Per Sri Justice Sanjay Kumar) The petitioner association challenges the constitutional validity of Section 22-A of the Registration Act incorporated by Amendment Act 4 of 1999 and the legality of the consequential G.O.Ms.No.647, Revenue (Registration-I) Department, dated 03.10.2001. The petitioner association consists of the residents of Balaram Nagar Colony, Safilguda and it is their grievance that when they approached the Sub-Registrar, Malkajgiri, Hyderabad, the third respondent, for registration of certain documents pertaining to their lands, they were informed that the Government of Andhra Pradesh had issued the impugned G.O. pursuant to Section 22-A of the Registration Act, holding that registration of documents pertaining to immovable properties in certain specified lands, including the subject lands covered by the documents of the members of the petitioner association, was opposed to public policy. Hence, this writ petition. When the matter was taken up for hearing, it was brought to our notice that a similar writ petition, W.P.No.3787 of 2002 was allowed by a Division Bench of this Court stating as follows: “In this petition, the petitioner has prayed for striking down Section 22-A of the Registration Act, 1908 (for short, ‘the Act’), which was inserted by the Andhra Pradesh Amendment Act No.4 of 1999, Andhra Pradesh Registration (Prohibition of Registration of Certain Documents opposed to public policy) Rules, 1999 (for short, ‘the Rules’) and Notification contained in G.O.Ms.No.657, Revenue (Registration I) Department, dated 8.10.2001. Learned counsel for the parties agree that the writ petition be disposed of in terms of order dated 7.12.2005 passed in W.P.No.14099 of 2003 and batch. In view of the agreed statement made by the learned counsel for the parties, the writ petition is allowed. Section 22-A of the Act as inserted by the Andhra Pradesh Amendment Act No.4 of 1999 is declared unconstitutional and struck down. Consequently, the Rules and Notification dated 8.10.2001 are also struck down. The detailed reasons recorded in order dated 7.12.2005 in Writ Petition No.14099 of 2003 shall be read as part of this order.” In view of the striking down of Section 22-A of the Registration Act, 1908, inserted by Andhra Pradesh Amendment Act 4 of 1999 and the setting aside of the G.O. similar to that impugned herein, we are of the opinion that no further objection can be raised on the aforestated grounds in so far as registration of the documents presented by the members of the petitioner association is concerned. The writ petition is accordingly allowed directing the respondents to entertain the documents presented by the members of the petitioner association without reference to the impugned G.O. and Section 22-A of the Registration Act as inserted by Andhra Pradesh Amendment Act 4 of 1999. There shall be no order as to costs. -------------------------- V.ESWARAIAH, J. ---------------------------- SANJAY KUMAR, J. 21st APRIL, 2009 PGS THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.13398 OF 2002 (Per Sri Justice Sanjay Kumar) 21st APRIL, 2009