C.Balasubrahmanyam v. District & Anr.

THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.18558 OF 2000 ORDER: Assailing as illegal the proceedings No.B/29/91, dated

10.03.1993 of the Mandal Revenue Officer, Shamirpet Mandal, Ranga Reddy District - 1st respondent herein, whereunder the 1st respondent addressed to the Sub-Registrar, Medchal, Rangareddy District - 2nd respondent herein requesting not to entertain any transactions for registration of lands situated in certain Survey numbers of Devaryamjal Village, Shamirpet Mandal, this writ petition has been filed. The petitioner claims to be the absolute owner and possessor of agricultural land admeasuring in extent of Ac.5.00 situated in Survey No.639 of Devaryamjal village, Shamirpet Mandal, Ranga Reddy District, which is said to have been purchased by him under registered sale deeds dated 20.06.1992 and 25.06.1992. The petitioner sought to sell the said land to third parties and in that connection he is said to have approached the 2nd respondent on 06.09.2000 seeking to furnish valuation particulars to enable him to assess stamp duty and take steps for execution of the sale deed. It is stated that the 2nd respondent refused to furnish particulars of valuation allegedly on the basis of a letter No.B1/555/93, dated 20.01.1993 of the Collector, Ranga Reddy District, wherein proposals for registration of certain lands mentioned in the memo were required to be accompanied by “no objection certificates” issued by the District Collector, in the absence of which directions were issued not to register the documents. Asserting that the subject land is private land and the 2nd respondent cannot refuse to register the document, where no such power is vested in him, the petitioner seeks a direction to register the document as may be presented by him. It is to be noticed that the writ petition was admitted on

28.09.2000 and by order in W.P.M.P.No.23584 of 2000 this Court, relying on the orders in W.A.No.169 of 1999, directed the 2nd respondent to receive and register the sale deed that might be presented by the petitioner in respect of the subject land. It may further be noted that during the pendency of this writ petition and subsequent to the aforesaid interim order, Section 22-A of the Registration Act, 1908 (for short ‘the Act’) has been enacted by way of an amendment Andhra Pradesh Act No.19 of 2007 which came into effect from 20.06.2007, which provides that certain classes of documents mentioned therein are prohibited from registration. Clause(c) of Sub-Section(1) of Section 22-A relates to the immovable properties owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 or by Wakf’s falling under the Wakfs Act, 1995. By virtue of this amendment there is a legal prohibition to register the documents in respect of the said lands. The 1st respondent asserts in his counter affidavit that the subject land in Survey No.639 is temple land pertaining to Seetharama Swamy Temple. In the circumstances, having regard to the interim order dated

28.09.2000 and the provisions of the Act as well, it is appropriate to order as follows:

If, in implementation of the orders in W.P.M.P.No.23584 of 2000, dated 28.09.20000, sale deed/sale deeds in respect of the land in Survey Number 639 of Devaryamjal village, Shamirpet Mandal, Ranga Reddy District has/have already been registered, no further orders are required, hence this writ petition should be treated as closed.