Smt.Manchukonda Subhadramma. and The Government of A.P & Anr. v. Basanth [1] Nahata . Once the sole basis for the second

The petitioner states that she is the owner and possessor of the land admeasuring 300 Sq.Yards in Sy.Nos.54/A, 12/B, 51/1B, 54/A and 12/E, situated at Adivivaram Village, Visakhapatnam District, and that she intended to sell the said property and entered into an agreement of sale with the intending purchaser. According to her, the agreement of sale executed by her was presented to the second respondent, for registration. The grievance of the petitioner is that the second respondent is not accepting the document for registration, on the ground the Government issued a notification under Section 22-A of the Registration Act, 1908 (for short ‘the Act’), in respect of the land in the said survey numbers. This writ petition is filed seeking appropriate directions to the respondents in this regard. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. Section 22-A of the Act empowered the Government to issue notifications almost preventing the registration of documents in respect of the lands to be mentioned therein. Such a power was held to be ultra vires and the provision was struck down by the Hon’ble Supreme Court in State of Rajasthan v. Basanth [1] Nahata . Once the sole basis for the second respondent to refuse registration had disappeared, he is under obligation to receive the documents and consider the same in accordance with the provisions of the Indian Stamp Act and the Registration Act. Hence, the writ petition is disposed of, directing the second respondent to receive and process the document presented by the petitioner and take necessary steps in accordance with the provisions of the Indian Stamp Act and the Registration Act, within one week from the date of receipt of a copy of this order. There shall be no order as to costs. ____________

05.04.2007 [1]