IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 3752 OF 2010 Between: Matta Satya Rao and others ..... PETITIONERS AND The Sub Registrar Gopala Patnam, Visakhapatnam. Visakhapatnam District .....RESPONDENT Counsel for the Petitioners: Counsel for the Respondent: The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 3752 of 2010 O R D E R : This writ petition is filed aggrieved by the action of the respondent-Sub Registrar, Gopala Patnam, Visakhapatnam in not registering the documents executed by the petitioners transferring their rights of title in respect of their land situated in Survey No.275/1C, Adivivaram Village, Visakhapatnam (Rural) Mandal, Visakhapatnam District. The facts in brief are as under: One Sanni Babu, the ancestor of the writ petitioners, was granted a patta (patta No.209-A) by Vizianagaram Samsthanam in the year 1938 in respect of Ac.10.00 cents of land situated in Survey No.275/1C of Adivivaram Village, which is an Inam village governed by the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short ‘the Act’). Pursuant thereto he continued in possession and enjoyment of the said land with absolute rights during his lifetime and thereafter, the petitioners have succeeded to the said land with absolute rights and possession. However, when they intended to execute a gift deed in favour of one Mulagaleti Appala Swamy alias Appa Rao in respect of Acs.0.36 cents of land, the respondent refused to register the document stating that the registration of the said land was prohibited under Section 22-A of the Registration Act, 1908 as inserted by Andhra Pradesh Act No.19 of 2007. Aggrieved by the same, the petitioners filed W.P.No.8868 of 2007. The said writ petition was disposed of by this Court by order dated 26.04.2007 directing the respondent to receive and process the documents presented by the petitioners and take necessary steps in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908 within one week from the date of receipt of the said order. In spite of the same the respondent did not register the documents executed by the petitioners reiterating the very same ground that the registration of the documents was prohibited as per Andhra Pradesh Act No.19 of 2007. Aggrieved by the said action of the respondent, the present writ petition is filed. I have heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the Revenue. The material available on record shows that the petitioners had earlier made an application under Section 7 of the Act for grant of ryotwari patta and the same was disallowed by the Mandal Revenue Officer, Chinna Gadili Mandal by order dated 14.08.1996 in AIAC.No.2 of 1996. Challenging the said order, the petitioners filed W.P.No.570 of 2003 contending inter alia that the order dated 14.08.1996, which was passed without any notice to them and without conducting any enquiry as contemplated under Section 7(1) of the Act was null and void apart from being violative of the fundamental principles of natural justice. The said writ petition was disposed of by this Court by order dated 17.03.2009 thereby setting aside the proceedings of the Mandal Revenue Officer, dated 14.08.1996 to the extent of the Ac.10.00 cents of land belonging to the petitioners and directing the Mandal Revenue Officer to reconsider AIAC No.2 of 1996 insofar as it relates to the claim of the petitioners afresh and pass appropriate orders in accordance with law. It was also made clear by this Court that till such exercise was completed and the rights and title claimed by the petitioners in respect of the land in question were finalized, the respondent should not interfere with the exercise of their rights of title and possession in respect of the land in question in any manner whatsoever. Admittedly, the said order has become final since no writ appeal has been filed by any of the respondents. In the circumstances, the petitioners executed a gift deed dated 16.01.2010 in favour of Mulagaleti Appa Rao alias Ashok in respect of Acs.0-36 cents of land out of the total extent of Ac.10.00 in Survey No. 275/1C and another sale deed in favour of one Gadde Dharma Raju in respect of another Ac.0-36 cents. Though the required stamp duty and registration charges were paid in respect of both the said documents and they were presented before the respondent on 16.01.2010, the respondent withheld the registration. It is to be noticed that Section 22-A of the Registration Act, 1908 as inserted by Andhra Pradesh Amendment Act No. 4 of 1999 was struck down by this Court in W.P.No.14099 of 2003. Though the State preferred Special Leave to Appeal, the same was dismissed by the Supreme Court on 11.08.2006. Thereafter, again there was another amendment to Registration Act, 1908 by Andhra Pradesh Act No.19 of 2007, which came into force with effect from 20.06.2007. Section 22-A of the Registration Act, 1908 as substituted by Andhra Pradesh Act No. 19 of 2007 runs as under: “22-A. Prohibition of registration of certain documents:- (1) The following classes of documents shall be prohibited from registration, namely- (a) documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute of the State or Central Government; (b) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immovable property owned by the State or Central Government, executed by persons other than those statutorily empowered to do so; (c) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or by Wakfs falling under the Wakfs Act, 1995 executed by persons other than those statutorily expowered to do so; (d) Agricultural or urban lands declared as surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling and Regulation) Act, 1976; (e) any documents or class of documents pertaining to the properties the State Government may, by notification prohibit the registration in which avowed or accured interests of Central and State Governments, local bodies, educational, cultural, Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and other which are likely to adversely affect these interests. (2) For the purpose of clause (e) of sub-section (1), the State Government shall publish a notification after obtaining reasons for and full description of properties furnished by the District Collectors concerned in the manner as may be prescribed. (3) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under clause (e) of sub-section (1); (4) The State Government either suo moto or on an application by any person or for giving effect to the final orders of the High Court of Andhra Pradesh or Supreme Court of India may proceed to denotify, either in full or in part, the notification issued under sub-section (2).” Apparently clause (a) to clause (d) of 22-A(1) are not applicable to the lands of the petitioners. So as to attract clause (e) of Section 22-A (1) of the Registration Act, 1908, a notification has to be issued by the State Government prohibiting registration of certain classes of documents pertaining to properties. It is the specific case of the petitioners that no such notification has been issued by the State Government so far as the Ac.10.00 cents of land belonging to the petitioner is concerned. That being so the prohibition under Section 22-A as substituted by Andhra Pradesh Act N0.19 of 2007 is not applicable to the lands in question. In the circumstances, the action of the respondent in withholding the registration of the documents executed by the petitioners is arbitrary and illegal. Accordingly, the Writ Petition is disposed of with a direction to the respondent to receive, process and register the documents executed by the petitioners transferring their rights of title in respect of any part of their land i.e., Ac.10.00 situated in Survey No.275/1C of Adivivaram village as expeditiously as possible preferably within a period of one week from the date of receipt of this order. Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J. Date: 19.02.2010 Ivd