Smt Adapa Sakunthala v. Government of Andhra Pradesh & Anr.
Case at a glance
Outcome
Disposed of
Hence, the Writ Petition is disposed of, directing the
Provisions considered
Judgment
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.9418 of 2007
Operative part
O R D E R: Petitioner states that she is the owner and possessor of plot admeasuring 244 square yards together with RCC slabbed house with compound wall, bearing Door No.10-73 and 10-73/1 in Survey No.140/A of Vepagunta Village, Pendurthi Mandal, Visakhapatnam District. It is stated that she intended to sell the said land and accordingly, entered into an agreement of sale with the intending purchasers. According to her, the said agreement of sale was presented 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 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 Number. 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 Nahata [1] . 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 (1) week from the date of receipt of a copy of this order. There shall be no order as to costs. Date: 30.04.2007 ________________________ L.NARASIMHA REDDY, J Note: Issue C.C. in one week. (B/o) Pan [1]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the Writ Petition is disposed of, directing the
Which statutory provisions did this judgment involve?
Registration Act, 1908; Indian Stamp Act, 1899.
Which court decided this case, and when?
Andhra Pradesh High Court, on 30 Apr 2007. The bench was L NARASIMHA REDDY.
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.