Writ Petition No. 22856 of 2004 · Andhra Pradesh High Court

Heard the learned counsel for petitioner and the learned Government Pleader for respondents. The learned counsel for the petitioner submits that the matter is squarely covered by a judgment of this Court in Writ Petition No.10487 of 2004. The operative portion of the said judgment reads as under: “As long as any person holds title to the property, the respondents do not have any power or jurisdiction to prevent the same from being transferred. It is not as if there is no provision of law to protect the properties of the Government. In case, any individual is found to be in possession of government the Andhra Pradesh Land land, Encroachment Act enables the revenue authorities to evict the persons in unauthorized occupation. Similarly, proceedings can be initiated the provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act where a person is found to be in possession of government land without legal entitlement.

The Joint Collector has chosen the course of action, which is not permissible in law. The Registration Act does contain a provision enabling to prohibit government lands. Such prohibition, however, is to be imposed by issuing a notification under Section 22(A) of the Registration Act, 1908. The Government has not in respect of any transfer chosen to issue a notification under that provision in respect of lands held by the petitioner. Viewed from any angle, this Court does not find any basis for the impugned circular. The Division Bench of this Court in its judgment dated 10-09-2001 in W.A.No.1390 of 2001 took exception to such an exercise. For the foregoing reasons, the writ petition is allowed and the impugned order is set aside. Any document presented by the petitioner or any persons claiming through it shall be processed and dealt with as per the provisions of the Indian Stamp Act and the Registration Act.” To verify the facts or otherwise, this Court has directed the Government Pleader to get instructions and the matter was adjourned.

Today, when the matter is taken up, it is submitted by the learned Government Pleader that no notification under Section 22(A) of the Registration Act, 1908 was issued with regard to the subject lands. In the circumstances, following the judgment of this Court in W.P.No.10487 of 2004, the present writ petition is allowed and the impugned order is set aside. Any document presented by the petitioner or any persons claiming through it shall be processed and dealt with as per the provisions of the Indian Stamp Act and the Registration Act. No costs. Date: 16-12-2004. Tvk _______________ N.V.RAMANA, J // TRUE COPY // ..... REGISTRAR SECTION OFFICER To 1 The District Collector, Ranga Reddy District, at Saifabad, Hyderabad. 2 The District Registrar, Ranga Reddy District. 3 The Sub Registrar, Medchal, Ranga Reddy District.

4.2CCs to G.P. for Revenue, High Court of A.P. Buildings, Hyderabad (OUT)

5.2CD copies

6.2CCs to Form-NIC-OGS/WP{AVLR}