K.Manju vs. Governmentof A.P.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
5 Apr 2007
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Order Text
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.6962 of 2007
Date: 05.04.2007
Between:
K.Manju.
….Petitioner
And
Govt. of A.P., rep., by its Principal Secretary, Revenue, Secretariat, Hyderabad and another.
….Respondents
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.6962 of 2007
O R D E R:
Petitioner states that she is the owner and possessor of land admeasuring 167 square yards in Survey Nos.56/3, 56/1B, 56/5E, 56/6A and 56/6C of Adivivaram Village, Chinagadili Mandal, Visakhapatnam. It is stated that she intended to sell the said land and in that process, approached the second respondent, for registration of the same in favour of the intending purchaser. The grievance of the petitioner is that the second respondent is not entertaining any document for registration, on the ground that the Government issued a notification under Section 22-A of the Registration Act, 1908 (for short 'the Act'), in respect of the land in the said Survey Numbers. This writ petition is filed seeking appropriate directions to the respondents, in this regard.
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.
Section 22-A of the Act empowered the Government
to issue notifications, almost preventing the registration of documents in respect of the lands to be mentioned therein. Such a power was held to be ultra vires and the provision was struck down by the Hon'ble Supreme Court
<span id="page-2-0"></span>in State of Rajasthan v. Basanth Nahata<sup>[1]</sup>.
Once the sole basis for the second respondent to refuse registration had disappeared, he is under obligation to receive the documents and consider the same, in accordance with the provisions of the Indian Stamp Act and the Registration Act.
Hence, the Writ Petition is disposed of, directing the second respondent to receive and process the document, if any, presented by the petitioner and take necessary steps, in accordance with the provisions of the Indian Stamp Act and the Registration Act, within one (1) week from the date of receipt of a copy of this order. There shall be no order as to costs.
L.NARASIMHA REDDY, J
Date: 05.04. 2007 Note: Issue C.C. in one week. (B/o) JSU <span id="page-3-0"></span>[1] AIR 2005 SC 3401 = (2005) 12 SCC 77