B. SUDERSHAN REDDY, J.

( 1 ) THE Constitutional validity of Rule 27 (4) of the Andhra Pradesh Rights in Land and pattadar Pass Books Rules, 1989 (for short the Rules ) issued in G. O. Ms. No. 570, revenue-D. O. A. and R dated 8-6-1989 is challenged in this writ petition.

( 2 ) THE facts, as stated by the petitioner, are that he is the owner and possessor of land admeasuring five guntas in Sy. No. 815 situated at Nookapally Village, Mallial mandal, Karimnagar District. He filed a suit in O. S. No. 274 of 1993 on the file of the learned District Munsif, Jagitial against one chakunta Madhusudhan Rao and others for declaration of his title in respect of the said land. His claim is that he purchased the land for a valuable consideration of Rupees ninety under an oral sale deed on 1 -1 -1980 and continued in possession and enjoyment of the land ever since the oral purchase and thus acquired title by adverse possession. The learned District Munsif, Jagitial passed a decree in the said suit dated 10-5-1993 based on the consent written statement filed by the defendants.

( 3 ) THE petitioner having obtained the decree submitted an application before the 2nd respondent with a request to order the amendments in the entries made in the record of rights in accordance with the declaratory decree obtained by him. The 2nd respondent vide his proceedings dated 14-7-1993 directed the Mandal Revenue officer to amend the entries in the record of rights as per Rules 27 (4) and 9 of the Rules.

( 4 ) THE contention of the petitioner is that necessary changes in the record of rights are required to be made on the basis of the decree obtained by him without any further obligation of payment of registration fee and stamp duty on the sale price of the land or the market value of the land, as the case may be. It is under those circumstances, the petitioner challenges the validity of rule 27 (4) of the Rules which is to the following terms:"whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received from court or presented to the Mandal Revenue officer for implementing and incorporating changes in the Record of rights and Pattadar Pass Books, the mandal Revenue Officer shall incorporate changes in the Record of rights and Pattadar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of Court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the Court to this effect and other evidence to the satisfaction of Mandal revenue Officer, the Mandal Revenue officer shall demand and collect only registration fee and incorporate changes in the Record of Rights and pattadar Pass Books. If the decree is received or produced by or before a registration Officer or other Officers, these officers shall immediately send these decrees to the concerned mandal Revenue Officer for necessary action. "

( 5 ) SRI P. V. Narayana Rao, learned counsel for the petitioner attacked the Rule based on Section 8 read with Section 11 of andhra Pradesh Rights in Land and pattadar Pass Books Act, 1971 (for short act 26 of 1971 ). It was also contended that the impugned Rule is repugnant to the provisions of the Registration Act, 1908.

( 6 ) THE learned Special Government pleader submitted that it had come to the notice of the State Government that various transactions were coming into existence seeking entries into revenue records based on judgments and decrees obtained from civil Courts bypassing the regular process of registration and payment of stamp duty resulting in loss of revenue to the State. In order to arrest the unhealthy trend, necessary amendments were brought to the rules making it obligatory on the part of the mandal Revenue Officers to collect the stamp duty and registration fee on the sale p

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