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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SUJATHA, J.
Grandhi Bharata Mallika Ratna Kumari - Petitioner
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary - Respondent
Writ Petition Nos. 907 & 8331 of 2016 and 37193, 37212, 37660, 38167, 38413, 38421, 38895, 39233, 43726 & 12159 of 2017
Decided On : 30-01-2023
Constitution of India,1950 - Article 226 - Registration Act, 1908 - Section 22-A(1)(a), 22-A(1)(b) and 22-A(1)(d) - Gift Settlement Deed - Lands - Prohibited properties - Case of petitioners in these present writ petitions is that they are the owners and possessors of their respective land and properties, situated in T.S.Nos. of Waltair Ward, District - When petitioners intended to get their properties registered in favour of other petitioners and third parties, the respondent authorities stated that the subject land is included in prohibitory properties list maintained under Section 22-A of Indian Registration Act, 1908, which prevented them from registering the documents in respect of the subject lands - Division Bench of Court passed an order , wherein the proceedings issued by Commissioner are set-aside, and in several writ petitions filed thereafter, Court directed respondents to receive and register the documents presented by petitioner/s and said order has also been confirmed - Held, Learned Government Pleader for Revenue has also furnished a copy of the letter of District Collector addressed to District Registrar, dated, wherein it is stated that as verified from the files, the subject lands in T.S.Nos. of Waltair ward of Mandal are notified in list of Prohibited properties under Section 22-A of Act and the committee has recommended to de-notify list of properties in T.S.Nos. of Waltair Ward, from list of prohibitory properties list under Section 22-A(1)(a), 22-A(1)(b) and 22-A(1)(d) of Indian Registration Act, 1908 and accordingly, same de-notified - Having regard to the said instructions, as properties have already been de-notified from the prohibitory properties list furnished by Government, Court feels it appropriate to dispose of these writ petitions by directing Sub-Registrar to receive, process and release document/(s), as and when they are presented by petitioners, as per provisions of Section 71 of the Act - Writ petitions are disposed of
ORDER :
WRIT PETITION No. 907 of 2016
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 4th Respondents, published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22(A)(1) of the Registration Act, 1908 as being illegal, arbitrary, unconstitutional and in violation of the provisions of the Registration Act and are nonest pursuant to the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000, and Memo No.739/JA1/2012-1, dated 05.11.2012 which stands suspended in W.P.No.36920 of 2012, vide order dated 04.12.2012, and
B. Consequently to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 4th Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22-A(1) of the Registration Act, 1908, and
C. To declare the action of the Respondents in refusing to receive and register the document presented by the Petitioners in respect of the property admeasuring an extent of 1568.59 Sq.yards or 1311.541 Sq.Mtrs. situated in T.S.No.1197, Block No.57, Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as illegal, arbitrary and contrary to the provision of Registration Act and the Rules made thereunder, and
D. Consequently direct the respondents to receive, register and release the document in respect of the property admeasuring an extent of 1568.59 Sq.yards or 1311.541 Sq.Meters situated in T.S.No.1197, Block No.57, Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and…”.
WRIT PETITION No. 8331 of 2016
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary, unconstitutional and in violation of the provisions of the Registration Act and are non-est pursuant to the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000 and Memo No.739/JA1/2012-1, dated 05.11.2012 which stands suspended in W.P.No.36920 of 2012, vide order dated 04.12.2012, and
B. Consequently to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908, and
C. To declare the action of the Respondents in refusing to receive and register the various documents presented in respect of the properties situate in T.S.No.1027, 1028, 1196 and 1197 Block No.57, Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as illegal, arbitrary and contrary to the provision of Registration Act and the Rules made thereunder, and
D. Consequently direct the respondents to receive, register and release the documents in respect of the properties situate in T.S.No.1027, 1028, 1196, 1197, Block
The main legal point established in the judgment is that the refusal for registration of properties based on defective notifications under Section 22-A of the Registration Act was illegal, arbitrary,....
A petitioner must comply with statutory requirements for document registration, and failure to provide evidence of proper presentation can lead to dismissal of the writ petition.
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.
Disputed questions of fact regarding the classification of land as private or government property under Section 22-A of the Registration Act should be adjudicated by the designated administrative gri....
The court ruled that land cannot be classified as prohibited under Section 22-A without proper Gazette notification, allowing registration of sale deeds.
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