Smt. P. Jayalakshmi v. The District Collector, Ranga Reddy District at saifabad, Hyderabad & Anr.

The petitioner filed the instant writ petition seeking a writ of Mandamus to declare the action of the second respondent in not registering the sale deeds of the petitioner as per the circular No.E2/406/2001, dated 06.02.2001, issued by the first respondent, as arbitrary and unconstitutional. The petitioner also seeks a consequential direction to the second respondent to register the sale deeds presented by him in favour of the proposed purchaser Sri P.Brahma Reddy, S/o Chinnappa Reddy, plot No.6 in survey No.44/1 A&B situated at Munaganur village of Hayatnagar Mandal in Ranga Reddy District. The Supreme Court of India in State of Rajasthan v Basant Nahata, invalidated Section 22-A of the Rajasthan Registration Act, 1976 which is in pari materia with Section 22-A of the Registration Act, 1908 as amended by the Andhra Pradesh Act No.4 of 1999 (A.P.Amendment Act, for brevity). Following the same, a Division Bench of this Court comprising their Lordships the Hon’ble the Chief Justice, G.S.Singhvi, and the Hon’ble Sri Justice R.Subhash Reddy, in an unreported Judgment in W.P.No.14099 of 2003 and batch, dated 07.12.2005, declared Section 22-A of A.P.Amendment Act as ultra vires. Following the same, this writ petition is allowed directing the second respondent to accept and register the sale deeds as and when they are presented by the petitioner. If there are any valid reasons, it shall be open to the second respondent to reject the registration after giving sufficient reasons, in which case, it is open to the petitioner to file an appeal under Section 72 of the Registration Act, 1908. No costs. _____________

(V.V.S.RAO,J)

13.04.2006 GJ