Dasari Mutyalu v. The Sub-Registrar, Gopalapatnam, Visakhapatnam District

O R D E R: Petitioner states that he is the owner and possessor of vacant land admeasuring Ac.0.20 cents in Survey No.72 of Vepagunta Village and Panchayat, Visakhapatnam. It is stated that he intended to sell the said land and in that process, approached the respondent with a request to furnish the basic value of the property, to enable him to compute the stamp duty. The grievance of the petitioner is that the respondent is not entertaining any 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 respondent, 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 respondent to refuse registration had disappeared, he is under obligation to receive the documents and consider the same, accordance with the provisions of the Indian Stamp Act and the Registration Act. Hence, the Writ Petition is disposed of, directing the respondent to receive and process the document, if any, presented by the petitioner, and take necessary steps, in accordance with the provisions of the Indian Stamp Act and the Registration Act, within a period of one (1) week from the date of receipt of a copy of this order. There shall be no order as to costs. Note: Issue C.C. in three (3) days. (B/o) JSU _________ 08.06.2007 [1]