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 : 18120 of 2005 Between: Smt. Rani Kamala Devi, W/o. Raja Purna Chandra Deo Bhanj, Raja Of Daspalla, Visakhapatnam. ..... PETITIONER AND 1 Government Of Andhara Pradesh rep.by its Special Chief Secretary to the Government, Revenue (Registrarion I) Department, Secretariat, Hyderabad. 2 District Collector, Visakhapatnam, Visakhapatnam District. 3 The Mandal Revenue Officer, Visakhapatnam District. .....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 issue any appropriate writ order or direction preferably aa writ in the nature of Mandamus directing the respondents nor give effect to G.O.Ms.No. 657 Revenue (Registration) Department dated 8.10.2001 issued by the 1st respondent to my lands mentioned in T.S.No. 1196,1197,1027, 1028, of Waltair ward, Visakhapatnam and pass such other order or orders as this Honourable court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: (Per Sri Justice V.Eswaraiah, J.) The petitioner seeks a writ of mandamus directing the respondents not to give effect to G.O.Ms.No.657 Revenue (Registration) Department, dated 8.10.2001 issued by the Government of Andhra Pradesh in so far as her lands in T.S.Nos.1196, 1197, 1027 and 1028 of Waltair Ward, Visakhapatnam, are concerned. When the matter was taken up for hearing, it was brought to our notice that earlier, W.P.No.3787 of 2002 had been filed challenging 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, which was allowed by a Division Bench of this Court. The Division Bench observed therein as follows: “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.” In view of the aforestated order holding Section 22-A of the Registration Act as inserted by the Andhra Pradesh Amendment Act No.4 of 1999 as unconstitutional and striking down the consequential notification contained in G.O.Ms.No.657, Revenue (Registration I) Department, dated 8.10.2001, it is clear that the same cannot be given effect to in so far as the petitioner’s lands are concerned. The writ petition is allowed accordingly. No order as to costs. ________________ V.ESWARAIAH, J. _________________ SANJAY KUMAR, J. 17.4.2009 kpr