Point of Law :
It is misnomer to assume that all statutory authorities like registering authority, always discharge public law functions. Some of the functions like registration of documents/instruments may be in exercise of statutory power but such functions may or may not strictly are concerned with public law. For instance, a registration of gift deed executed by donor in favour of donee is only pursuant to statutory power but the same does not involve any public law function. Similar is the case in the event of registration of a sale-deed, mortgage deed or licence deed, compromise deed and/or cancellation of any of these deeds. Judicial review has its own limitations and all decisions of public bodies are not amenable to this public law power

JUDGMENT :

A. ABHISHEK REDDY, J.

1. The present writ appeals are filed against the common order, dated 04.06.2019, passed by a learned Single Judge, in W.P. Nos. 22896, 25132, 26824 and 27963 of 2018, whereby the learned Single Judge had allowed the writ petitions, and prohibited the Sub-Registrar, Kukatpally, from receiving the Joint Development Agreement for registration presented by the respondents i.e. M/s. Prime Properties in favor of Sri. Sidharth Infratech and Services Ltd. and M/s. ACE HIBC Ltd.

2. Aggrieved by the above referred common order, the unofficial respondents Nos. 5 to 7 in W.P. No. 25132 of 2018 i.e. M/s. Prime Properties and Sri. Sidharth Infratech and Services Ltd. have filed the following Writ Appeals, namely W.A. Nos. 493, 497, 498, 499, 500 and 508 of 2019 before this Court.

3. All the writ petitions were filed questioning the action of the official respondents, more particularly, the Sub-Registrar, Kukatpally, in receiving the Joint Development Agreement for registration presented by the respondents i.e. M/s. Prime Properties in favor of Sri. Sidharth Infratech and Services Ltd. and M/s. ACE HIBC Ltd. The lands bearing Sy. No. 1007, to an extent of Ac. 119.00, was sought to be given for Joint Development, and the same being contrary to the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (‘Agricultural Ceiling Act’) and Section 22-A of the Registration Act, 1908 (‘Registration Act’). The subject land in the present litigation is an area admeasuring Ac. 119.00 Gts in Sy. No 1007 of Kukatpally Village, Hyderabad.

4. The four Writ Petitions which are the subject matter of the present Writ Appeals are (1) W.P. No. 22896 of 2018 filed by seven individual plot owners, (2) W.P. No. 25132 of 2018 filed by Bhagyanagar Cooperative Housing Society Limited, (3) W.P. No. 26824 of 2018 filed by Bhagyanagar Plot Owners Welfare Association and (4) W.P. No. 27963 of 2018 filed by M/s. Swagruha Projects Pvt. Ltd.

5. The parties are hereinafter referred to by their names as in W.P. No. 25132 of 2018 filed by Bhagyanagar Cooperative Housing Society Limited. While respondents No 1 to 4 are the official respondents, respondents No 5 to 7 are M/s. Prime Properties, Sri. Sidharth Infratech and Services Ltd. and M/s. ACE HIBC Ltd. respectively.

6. The facts in W.P. No. 25132 of 2018 filed by the Bhagyanagar Cooperative Housing Society Limited are being narrated herewith as the petitioners in other two writ petitions i.e. W.P. No. 22896 and 26824 of 2018 are claiming under the sale-deeds executed by the Bhagyanagar Cooperative Housing Society Limited.

7. The case of the appellants i.e. M/s. Prime Properties and Sri. Sidharth Infratech and Services Ltd. is as under:

(a) Even before 1960, the land in Sy. No. 1007 of Kukatpally village was an urban property. Thus, the lands were not hit by Section 22-A of the Registration Act. While referring to various litigations pending between the M/s. Prime Properties and the members of the Bhagyanagar Cooperative Housing Society Limited, they have reiterated their stand stating that the land in Sy. No. 1007 along with other Sy. Nos. 806, 1009 and 1043 to 1065 of Kukatpalli village were purchased in the name of one Hashim Ali S/o Mohammed Ali under a registered sale-deed No. 707 of 1952, dated 02.05.1952. At the time of execution of the sale-deed, the said Hashim Ali was only a minor. Hence, he was represented by his paternal grandfather, Nawab Rayees Yar Jung. The said Nawab Rayees Yar Jung died in the year 1960. Subsequently, Hashim Ali was brought up by his maternal relatives. Therefore, on 14.07.1972, by way of oral hiba (gift), Hashim Ali gifted his land in Sy. No. 1007 to his maternal relatives. Consequently, the eight donees i.e. Mohammed Arifuddin, Mohammed Rasheeduddin, Begum Zainab Sharfuddin, Ameer Mohammed Khan, Begum Zehra Mohammed Ali, Begum