IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:16325 OF 2010 DATED:9.7.2010 Between: Dr.Ananthapatnaikuni Premanand. .....PETITIONER AND 1 The Principal Secretary, Revenue Dept & others. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:16325 OF 2010 ORDER: The refusal by the Sub Registrar, Visakhapatnam, Respondent-4 to register the document executed by the petitioner in respect of the property situated in T.S.No:1196 of Block No.56, Waltair Ward, Visakhapatnam, is under challenge. The petitioner seeks a consequential direction to Respondent-4 to receive the said document and register the same in accordance with law. The refusal on the part of the registration authorities to register the petitioner’s document stems from G.O.Ms.No:657, Revenue (Registration-I) Department, dated 8.10.2001. S.Nos.1196, 1197, 1027 and 1028 of Waltair Ward, Visakhapatnam, find mention in this G.O. This G.O embodies a notification issued by the Government of Andhra Pradesh under Section 22-A of the Registration Act, 1908, as it then stood. However, the said provision was struck down by this Court and substituted thereafter by way of Amendment Act 19 of 2007. It is pertinent to note that G.O.Ms.No:657 dated 8.10.2001 was held to be illegal by a Division Bench of this Court and was set aside in V.SURENDRA BABJI VS. GOVERNMENT OF ANDHRA PRADESH (W.P.No:11685 of 2002, dated 17.4.2009). As the said G.O. has already been set aside and the provision itself has been substituted, prohibition with regard to the registration of documents must be relatable to Section 22-A of the Act as it now stands. Unless the registration of documents is prohibited under any of the Clauses of the present Section 22-A (1) of the Act, the Registration authorities cannot refuse to register the documents on the ground that the land belongs to the Government. In the present case, it is admitted by the learned Asst. Government Pleader for Revenue that no such prohibition under Section 22-A of the Act, as it now stands, is extant. That being so, the action of the respondents authorities in not entertaining the petitioner’s document for registration is without legal basis. The writ petition is accordingly allowed directing Respondent-4 to receive the petitioner’s document and register the same in accordance with law, subject to compliance with due procedure and formalities. There shall be no order as to costs. _________________ Justice Sanjay Kumar Date:9.7.2010. gurc THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:16325 OF 2010 9th JULY, 2010