IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17602 of 2008 Between: M/s. Global Enterprises Rep by its Sole Proprietor Sri Neeraj Kumar Aggarwal, S/o. S.K. Aggarwal, Having Office at 709, 7th Floor, Swapnalok Complex, S.D. Road, Secunderabad - 500 003. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Registrar, Hyderabad District, Red Hills, Hyderabad. 3 The Sub-Registrar, Maredpally, Bowenpally, Hyderabad. 4 Sri Mahesh Chand, s/o. Sri Suresh Chand, R/o. H.No. 8-2-120/115/R/J, Road No. 2, Opp : K.B.R. Park, Banjara Hills, Hyderabad. 5 Sri Rajesh Kumar, s/o. Sri Suresh Chand, R/o. H.No. 8-2-120/115/R/J, Road No. 2, Opp : K.B.R. Park, Banjara Hills, Hyderabad. .....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 pass orders and issue an appropriate writ more particularly one in the nature of Writ of Mandamus, declaring the action of respondent No. 3 in not registering the Sale Deed presented by the petitioner in respect of Plot No. 24, Survey No. 74/9, situated at Seva Mandal Society, Mahendra Hills, East Maredpally, Secunderabad and consequently direct the respondents 1 to 3 to register and release the Sale Deed after due registration. Counsel for the Petitioner: MR.T.SURYA KIRAN Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.17602 of 2008 ORDER: The petitioner intended to purchase land, to an extent of 700 sq.yards in Survey No.74/9 of East Maredpally, from respondents 4 and 5. It is stated that entire sale consideration was paid and possession was delivered. When a document in respect of the transaction was presented before the third respondent for registration, it was pointed out that the document cannot be registered, in view of the pendency of several proceedings on the ground that the land belongs to Government. The petitioner seeks directions in this regard. On behalf of respondents 1 to 3, a counter affidavit has been filed stating that respondents 4 and 5 have grabbed the Government land in Survey No.74/9 and L.G.C.No.167 of 1997 filed against them, is pending. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The A.P. State Legislature has taken several steps to prevent registration of transactions in respect of the Government land. Initially, Section 22-A was introduced into the Registration Act, 1908, prohibiting registration of properties, in respect of which, a notification is issued. That provision was set aside by this Court. Thereafter, a new provision was added, prohibiting the transactions in respect of lands mentioned in Clauses (a) to (e) of sub-section (1) of Section 22-A. In the instant case, not only did the Government claim the land in Survey No.74/9, but also filed a case before the Special Court under the A.P. Land Grabbing (Prohibition) Act, 1982 against respondents 4 and 5. The petitioner cannot stand in a better footing on the basis of purchase from the alleged land grabbers. Therefore, no exception can be taken to the action of the part of the third respondent in refusing to admit the document to registration. Accordingly, the writ petition is dismissed. It is, however, made clear that in case the title of respondents 4 and 5 is upheld, the petitioner can renew his request for registration. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.26.03.2009 VGB