THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26792 of 2006 02.1.2007 Between:
Poluparthi Venkata Ramana Murthy, S/o.Appanna … Petitioner AND The District Registrar, Visakhapatnam And another … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26792 of 2006 ORDER:
The petitioner statedly purchased land admeasuring 200 Sq.yards situated at Vepagunta Village of Pendurthi Mandal in Visakhapatnam District from Balla Appa Rao for a valid consideration under a registered sale deed dated 31.12.1992. Due to financial requirements, he offered to sell the land, and accordingly on 14.12.2006 he along with intended purchasers approached the second respondent to register the same, the officials refused to receive the document for registration on the ground that there is a ban on registration of land in Vepagunta village. Aggrieved by the same, the present writ petition is filed.
In State of Rajasthan v Basant Nahata, the Supreme Court struck down the provision in the Registration Act as amended by the State of Rajasthan as ultra vires. Following the same, a Division Bench of this Court in its judgment dated 07.12.2005 in W.P.Nos.14099 of 2003 and batch struck down Section 22-A of the Act as applicable in State of Andhra Pradesh. It is also brought to the notice of this Court that Special Leave Petition filed by the State Government against the said judgment was also dismissed by the Supreme Court on 11.8.2006. Therefore, the impugned action cannot be sustained.
Following the judgment of the Division Bench, this writ petition is disposed of. As and when the document is presented by the petitioner, the Registering Authority shall accept the same for registration and if for any reasons, the same cannot be registered, record and furnish the reasons. If the petitioner is aggrieved by the order of the Registering Authority, it shall be open to him to file appeal under Section 72 of the Act before the District Registrar. If the District Registrar i.e., the Appellate Authority declines to give direction to the Registering Authority, the aggrieved person has to file a suit under Section 77 of the Act.
The writ petition, subject to the above observations, is accordingly disposed of. No costs.
(V.V.S.RAO,J) January 02, 2007. YS