IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1003 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 12/03/2007 in WP NO : 4292 OF 2007 on the file of the High Court.) Between: The Joint Sub Registrar, O/o. The District Registrar, Near Old Post Office, Visakhapatnam. ..... APPELLANT AND 1 Sri Kanumur Subba Raju S/o.Rama Raju R/o.#55-14-65, APSEB Colony, Seethammadhara, Visakhapatnam. 2 Sri Jasti Mallikarjunudu S/o.Vayunandana Rao R/o.GB Lakshmi Apartments, Doctors' Colony, Pedawaltair, Visakhapatnam. 3 Sri Alluri Venkata Narasimha Raju S/o.A.V.S. Raju R/o. Plot No.168-A, Road No.10, Jubilee Hills, Hyderabad. 4 Sri Sunkara Naveen Krishna Chaitanya S/o.S.V.V.Satyanarayana Rao R/o.Flat # T-7, Block-E, Ramalakshmi Estates, Pedawaltair, Visakhapatnam. .....RESPONDENT(S) Counsel for the Appellant:GP FOR REVENUE Counsel for the Respondent No.: M/SC.KODANDA RAM The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Appeal No.1003 of 2008 Oral Judgment: (per D.S.R.Varma, J.) Heard the learned Government Pleader for Revenue appearing for the appellant and Sri C.Kodanda Ram, learned Counsel appearing for respondents 1 to 4. 2. This writ appeal is directed against the order, dated 12-3-2007, passed by a learned single Judge of this Court in allowing W.P.No.4292 of 2007 setting aside the impugned notice and directing the respondent therein to process the document in accordance with law, without any influence by the fact that the property is part of ‘Gayalu’. 3. The appellant herein is respondent and respondents 1 to 4 are petitioners 1 to 4 in the writ petition. 4. The controversy involved in this writ appeal is as to whether the registering authority is conferred with the powers to examine the procedural aspects while refusing registration of the document filed by the petitioners. 5. Now, it has been brought to the notice of this Court that in respect of the very same land, a Division Bench of this Court in a writ appeal held that the disputed land does not belong to the Government. 6. The said fact could not be brought to the notice of the learned single Judge, inasmuch as, on the date of disposal of the writ petition, the said writ appeal was pending and subsequent to the disposal of the present writ petition, the Division Bench of this Court in the said writ appeal had declared that the land does not belong to the Government. The same stands as final as of date. 7. In view of the said fact, the subject land in this writ petition, which also includes the subject land of the above referred writ appeal, shall have to be treated as the land of the petitioners but not of the Government. 8. For the foregoing, the writ appeal is to be dismissed and accordingly dismissed, at the stage of admission, confirming the impugned order in the writ petition. 9. It is made clear that the conditions imposed by the appellant- registering authority for registering the document shall have to be treated as ineffective and accordingly those conditions are to be deleted. ____________________ JUSTICE D.S.R.VARMA ____________________ JUSTICE G.CHANDRAIAH 26th November, 2008. Ak ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {TRK}