HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17162 of 2010 Dated: 19-07-2010 Between: Shaik Madeena. … Petitioner And The Government of A.P., rep. by the District Collector, Visakhapatnam & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.17162 of 2010 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in treating the petitioner’s zeroyathi land as Government land and not entertaining the document for registration, in respect of the land in Sy.No.349/1, admeasuring Ac.5.00 cents, situated at Madhurawada village of Visakhapatnam Rural Mandal, based on the Notification issued in G.O.Ms.No.583, Revenue (Reg.I) Department, dated 04.05.2005, as illegal and arbitrary. The petitioner claims that his father was assigned an extent of Ac.5.00 cents of land in Sy.No.349/1, situated at Madhurawada village of Visakhapatnam Rural Mandal, under ex-servicemen quota, on 30th of August 1970, and ever since, they are in possession and enjoyment of the said land. Later, after the death of petitioner’s father, pattadar passbook and title deed were issued in the name of petitioner’s mother, who also expired on 26.07.2006. It is stated that the petitioner is the only child to his parents, and the Mandal Revenue Officer, Visakhapatnam, has also issued a proper person certificate, certifying that the petitioner is the proper person to receive the pension from Zilla Sainik Welfare Office, Visakhapatnam. It is stated that the Government has issued G.O.Ms.No.1117, dated 11.11.1983, permitting the ex-servicemen to alienate the lands assigned to them under the ex-servicemen quota, provided ten years period is completed from the date of such assignment. In this writ petition, it is the grievance of the petitioner that the respondents have notified the aforesaid land not to be registered, vide G.O.Ms.No.583, Revenue (Reg.I) Department, dated 04.05.2005, in exercise of powers under Section 22-A of the Registration Act, 1908, as amended by the Registration (A.P.Amendment) Act, 1999 (Act 4 of 1999). It is the case of the petitioner that the said Amendment Act was questioned in a batch of writ petitions before this Court, in W.P.No.14099 of 2003 and batch, on the ground that the public policy as introduced in Section 22-A(1) of the Act, was vague and fanciful and confers uncanalised power on the executive authorities to refuse registration of the document. Following the judgment of the Hon’ble Supreme Court in the case of State of Rajasthan Vs. Basant Nahata[1], a Division Bench of this Court, by its judgment, dated 7th December 2005, struck down the A.P. Amendment Act 4 of 1999 itself, on the ground that it is violative of Articles 14 and 300-A of the Constitution of India. It is submitted that there was a further amendment by introducing Section 22-A again, by A.P. (Amendment) Act, 2007 (Act 19 of 2007), with effect from 20th June 2007, but no notification is issued, notifying the aforesaid land as prohibited from registration. The learned Government Pleader has also fairly admitted that no notification is issued after the insertion of Section 22-A by Act 19 of 2007. As much as the earlier notification was issued in terms of Section 22-A, which was introduced by Act 4 of 1999, and when the very Act 4 of 1999 is struck down, the notifications issued pursuant to such Act, become invalid. In that view of the matter, in the absence of any further notification in terms of Act 19 of 2007, respondents cannot refuse registration of land basing on the notification issued in G.O.Ms.No.583, dated 04.05.2005. For the aforesaid reasons, I dispose of the writ petition, with a direction to the respondents that if the petitioner presents any document for registration, respondents shall consider the same for registration, without reference to G.O.Ms.No.583, dated 04.05.2005, if the document is otherwise in accordance with the provisions of the Stamp Duty and Registration Act. Writ petition is allowed, subject to the above directions. No order as to costs. ______________________ R. SUBHASH REDDY, J 19th July 2010 ajr [1] AIR 2005 SC 3401