Telangana High Court
Padma Priya vs The State Of Telangana on 17 April, 2023
Bench: Mummineni Sudheer Kumar
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.
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:
"... 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
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
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
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.6132 of 2023
Date:17.04.2023
KH
