IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 16469 of 2003 Between: 1 Donepudi Suresh, S/o. Late D.Krishna Murthy, Hindu Flat No. 502, Jyothi Residential Complex Daspalla Hills, Visakhapatnam. 2 Pandiri Naga Venkata Vidya Sagar, S/o. late P. Nageswara Rao, Flat No. A-22, Seashells Enclave, Door No. 11-2-1, Waltair Uplands, Visakhapatnam - 530 003. ..... PETITIONER(S) AND 1 State of A.P., Rep. by its Principal Secretary to Government, Revenue Dept., Secretariat, Saifabad, Hyderabad. 2 The District Collector, Visakhapatnam. 3 The Joint Sub-Registrar, Stamps & Registration, Visakhapatnam. .....RESPONDENT(S) 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 pass an order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate Writ or Direction holding that G.O.Ms.No. 657, dated 08.10.2001 published in the A.P. Gazette as arbitrary, illegal, violative of the principles of natural justice unconstitutional and ultra vires the Registration Act 1908 set aside the same. Counsel for the Petitioners: MR.S.RAJAN Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: (Per Sri Justice V.Eswaraiah, J.) This Court while admitting the writ petition directed the Joint Sub Registrar, 3rd respondent herein, to receive the document and register the same, if it is otherwise in order, and not to release the original document, until further orders. The petitioner challenges the validity of Section 22-A of the Registration Act, 1908, 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 and the Notification contained in G.O.Ms.No.657, Revenue (Registration I) Department, dated 8.10.2001. Earlier, W.P.No.3787 of 2002 had been filed for the same purpose and a Division Bench of this Court, while allowing the said writ petition, made the following order: “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.” It is stated that the document registered is not released and it is being kept in the custody of the 3rd respondent. In view of the striking down of Section 22-A of the Registration Act, 1908 introduced under A.P. Amendment Act No.4 of 1999 and the notification contained in G.O.Ms.No.657, Revenue (Registration I) Department, dated 8.10.2001, and keeping in mind the aforesaid order in W.P.No.3787 of 2002 dated 5.6.2006, there shall be a direction to the 3rd respondent to release the document of the petitioners which was registered and kept in the custody of the Joint Sub Registrar, Stamps and Registration, Visakhapatnam, if there is no other impediment in law requiring the withholding of the said document. The writ petition is allowed accordingly. No order as to costs. ________________ V.ESWARAIAH, J. _________________ SANJAY KUMAR, J. 17.4.2009 kpr