IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 19575 of 2008 Between: 1 M/s Bhargavi Constructions, rep by its Managing Partner, Sri. V.Ramachandra Rao, S/o. V.Musalaiah, R/o. Plot No.133, Refcon Raja Soudha, Flat No.301, Motinagar, Hyderabad. 2 V.Ramachanra Rao, S/o. V.Musalaiah, R/o. Plot No.133, Refcon Raja Soudha, Float No.301, Motinagar, Hyderabad. 3 V.K.Vishwanadham, S/o. V.Musalaiah, R/o. Marpally Village, R.R.District. ..... PETITIONERS AND 1 The Principal Secretary to Government of andhra Pradesh, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District Lakdikapool, Hyderabad. 3 The District Registrar, Ranga Reddy District, Moosapet, Hyderabad. 4 The Sub-Registrar, Narsingi, Ranga Reddy District. ....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 appropriate Writ, order or direction more especially one in the nature of Writ of Mandamus, declaring the action of the respondents in refusing to receive and register the document in respect of the lands of the petitioner in Sy.Nos. 273, 271, 272 belonging to the petitioners(AC.7.07 gts., Ac.0.33 Gts., and Ac.1.37.8 Gts.,) situated at Puppalaguda Village Rajendranagar Mandal, Ranga Reddy District, as bad, illegal, unconstitutional and without any authority and consequently set aside the G.O.Ms.No.1092 Revenue(Registration-I) Dated 6.6.2005 in so far as the lands of the petitioners in sy.Nos.273, 271, 272 belonging to the petitioners(AC.7.07 gts., Ac.0.33 Gts., and Ac.1.37.8 Gts.,) situated at Puppalaguda Village Rajendranagar Mandal, Ranga Reddy District, are concerned and also direct the respondents to register the document in respect of the above lands belonging to the petitioners in accordance with law, in the interest of justice. Counsel for the Petitioners: MR.SRINIVAS DAMMALAPATI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the petitioners stating that the 1st petitioner is the absolute owner and possessor of the land admeasuring Ac.7.07 guntas in Sy.No.273 Puppalaguta Village, Rajendradranagar Mandal, Ranga Reddy having purchased the same under registered sale deed dated 8.10.2006. Similarly, petitioner Nos.2 & 3 are the absolute owners and possessors of the land totally admeasuring Ac.0.33 guntas in Sy.Nos.271 and 272 and Ac.1.37.8 guntas respectively in Sy.No.273 of the said village having purchased the same under registered sale deeds dated 30.11.2004 and 17.10.2005. Subsequently, their names were also mutated in the revenue records and pattadar pass books and title deeds were also issued to them and since then, they are in possession and enjoyment of the said lands. While so, when the petitioners wanted to sell the said lands, they approached the 3rd respondent – District Registrar, Moosapet for valuation of the said property. On that, the 3rd respondent informed them that the said lands are notiﬁed in G.O.Ms.No.1092 dated 6.6.2005 and, therefore, any registration in respect of the lands mentioned thereunder is prohibited and thus, the request of the petitioners to register the Agreement of Sale-cum-General Power of Attorney cannot be registered. Hence, they ﬁled the present writ petition seeking appropriate directions to the respondents to register the documents presented by them in respect of the subject matter of property. Learned counsel for the petitioners submits that G.O.Ms.No.1092 dated 6.6.2005 was issued by the Government under Section 22-A of the Registration Act, 1908. Section 22-A of the Act was incorporated in the Registration Act by A.P.Amendment Act 4 of 1999 and the same fell for consideration before this Court in W.P.No.14099 of 2003 and batch and this Court vide judgment dated 7.12.2005 following the judgment of the Supreme Court in State of Rajasthan v. Basanth Nahata [1] had struck down the said amendment as unconstitutional. As such, the impugned notiﬁcation of the Government in G.O.Ms.No.1091 dated 6.6.2005 issued under Section 22-A of the Act is not valid and the same is liable to the quashed. When the matter is taken up for hearing, the learned Government Pleader on instructions submitted that after the striking down of Section 22-A of the Registration Act by the Division Bench of this Court, the Government has not issued any fresh notiﬁcation prohibiting registration of the lands. It is further stated that the petitioners have not approached the respondents for registration of the documents and if the petitioners approach the authorities and produce the documents for registration, they will receive the same and process the documents in accordance with law. In the circumstances, the petitioners are directed to produce the documents before the 2nd respondent- Sub Registrar, who shall receive the same and process the documents in accordance with law. With the above direction, the writ petition is disposed of. No costs. N.V.RAMANA,J DT.09.09.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to Government of andhra Pradesh, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Ranga Reddy District Lakdikapool, Hyderabad. 3 The District Registrar, Ranga Reddy District, Moosapet, Hyderabad. 4 The Sub-Registrar, Narsingi, Ranga Reddy District. 5 2CCs to GP for Revenue, High Court of A.P. Hyd. 6 2CD copies [1] AIR 2005 SC 3401