THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.6132 of 2023
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.
2. The impugned refusal order vide letter No.46/SRNAGAR/2023, dated 08.02.2023, was issued by respondent No.3 intimating the petitioner that the house bearing No.6-3-1247/534 situated at Madar Saheb Maqtha, Khairatabad, Hyderabad, is covered by prohibitory list in term of G.O.Ms.No.609, Revenue (Registration) Department, dated 18.08.2004, as published in Andhra Pradesh Gazette Notification No.349, dated 30.08.2004.
3. Earlier the matter came up for admission on 03.03.2023 and the same was adjourned for getting instructions by learned Assistant Government Pleader for Stamps and Registration. Learned Assistant Government Pleader placed before this Court a copy of the said notification issued under G.O.Ms.No.609, dated 18.08.2004.
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4. In view of the clear legal position, this Court does not deem it necessary to give an opportunity to file counter in the matter.
5. A perusal of the G.O.Ms.No.609, dated 18.08.2004, shows that the same was issued under sub-section (1) of Section 22-A of the Registration Act, 1908 (for short, 'the Act, 1908') as amended by the Registration (Andhra Pradesh Amendment) Act, 1999 (for short, 'the Amendment Act, 1999'). Through the said notification, it was declared that the registration of any documents of immovable properties, as mentioned in the said notification, is opposed to public policy. The subject property is also stated to be one such property included in the notification. As already noted above, the validity of Section 22-A of the Act, 1908, which was introduced under the Amendment Act, 1999, Section 22-A of the Act came up for consideration before the Division Bench of this Court in W.P.No.14099 of 2003 and batch, wherein the said provision was struck down by following the judgment of the Hon'ble Apex Court. The learned Division Bench of this Court, by judgment dated 07.12.2005, disposed of the said batch of writ petitions and the relevant paragraphs read as under:
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"... By following the ratio of the aforementioned decision of the Supreme Court, we hold that Section 22-A of the Act, as inserted by Andhra Pradesh Amendment Act 4 of 1999, is violative of Article 14 read with Article 300-A of the Constitution of India and is liable to be struck down.
As a sequel to striking down of Section 22-A, the Rules framed by the State or Andhra Pradesh for giving effect to the said provision and the notification issued in exercise of the power conferred thereunder are also liable to be quashed.
In the result, the writ petitions are allowed. Section 22-A of the Act, as inserted by Andhra Pradesh Amendment Act 4 of 1999, is declared unconstitutional and are struck down. Rule 2 (b) of the Rules and notifications impugned in these petitions are also struck down and quashed."
6. Thus, from the judgment of the learned Division Bench, extracted hereinabove, it is evident that consequent upon striking down of Section 22-A of the Act, 1908, as was introduced through the Registration (Andhra Pradesh Amendment) Act, 1999, all the consequential notifications and the Rules framed thereunder by the State are declared unconstitutional. The notification issued in G.O.Ms.No.609, dated 18.08.2004, is one such notifications issued under Section 22-A of the Act, 1908, which was struck down by the Division Bench of this Court. The subject property is stated to be continued in the prohibitory list by virtue of the said 4 notification issued in G.O.Ms.No.609, dated 18.08.2004. As the said notification issued in G.O.Ms.No.609, dated 18.08.2004, was stood struck down by virtue of the order passed by a Division Bench of this Court, the action of the respondents in continuing the subject property in the list of prohibitory properties is without any basis. It is not the case of the respondents that subsequently any such notification was issued or any proceeding was issued under the newly inserting Section 22-A of the Act, 1908 to include the subject property in the list of prohibitory properties. It is only basing upon the notification issued in G.O.Ms.No.609, dated 18.08.2004, the subject property is continued in the prohibitory properties list, thereby preventing the petitioner from making transactions in respect of the subject property.
7. In the light of the above, the action of the respondents in continuing the subject property in the list of prohibitory properties is totally arbitrary and illegal.
8. Accordingly, the Writ Petition is allowed and the respondents are directed to forthwith delete the subject property from the list of prohibitory properties and permit the petitioner 5 to make transactions in respect of the subject property in accordance with law. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:17.04.2023 Note:- Issue C.C. by 24.04.2023.
(B/o) KH 6 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.6132 of 2023 Date:17.04.2023 KH