Sri.B.Papa Rao & Ors. v. Secretariat, Hyderabad & Ors.
Case at a glance
Outcome
Allowed
Following the above Judgment, the writ petition is allowed subject
Provisions considered
Judgment
Sri.B.Papa Rao, and others. … Petitioner Govt.of A.P.Rep.by its Special Chief Secretary, Revenue Department, Secretariat, Hyderabad, and others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.10620 OF 2005 ORDER: In this writ petition, the notification issued by the Government of Andhra Pradesh, vide G.O.Ms.No.292, Revenue (Registration.I) is assailed as ultra vires and unconstitutional. By the said notification, the Government of Andhra Department, dated 09.03.2005, Pradesh in purported exercise of powers under Section 22-A of the Registration Act, 1908 (Registration Act, for brevity) as amended by Registration (A.P.Amendment) Act, 1999 declared the registration of documents in survey Nos.104, 106, 107, 108, 133, 181 to 185 situated in Nizampet village, Quthbullapur Mandal, Ranga Reddy District, among others as opposed to public policy. It is brought to the notice of this Court by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue (General) that 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 Registration Act as applicable in State of Andhra Pradesh. Therefore, the impugned notification cannot be sustained. Further, in subsequent Judgment in W.P.Nos.17325 of 2005, dated
20.02.2006, a Division Bench of this Court while invalidating similar notification observed as under. As a sequel to the above, G.O.Ms.No.810, dated 14.10.2004, is also quashed. However, it is made clear that registration of the documents of the petitioners would remain subject to the final adjudication by the Supreme Court. This would necessarily mean that if the appeal filed by the State is allowed by the Supreme Court, the registration of the documents of the petitioners shall stand automatically nullified. Following the above Judgment, the writ petition is allowed subject to the observations of the Division Bench. No costs. ______________ (V.V.S.RAO,J)
22.06.2006
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Following the above Judgment, the writ petition is allowed subject
Which statutory provisions did this judgment involve?
Registration Act, 1908; Registration (A.P.Amendment) Act, 1999.
Which court decided this case, and when?
Andhra Pradesh High Court, on 22 Jun 2006. The bench was V V S RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.