High Court · 2025

Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issued writ orde(s) or direction(s) more particularly one in the nature of Writ of 1r/andamus declaring the action(s) of the 3rd Respondent in not receiving, registering and releasing the Release Deed present by the Petitioners in resp_ect of all thai the property bearing House No.10-5-78718, admeasuring 133 33 Sq' yards or 1 1 1 ..,1 sq_ meiers, consisting of Ground Floor and First Floor with a built up ,rea admeasuring '1200 sq. feet, constructed on Plot No.74lC, covered in Sy' No. 844/13 and 84414 situated at Sai Nagar, North Lallaguda Village, (Addagutta) Secunderabad, Urban Taluk, Hyderabad - 500017, under the guise of G O Ms' No.609 dt. 18.08.2004 (containing the properties under prohibition list under sec. 22-Aasopposedtopublicpolicy)publishedinAndhraPradeshGazette Notification No. 349 dt. 30.08.2004 as illegal, arbitrary, without jurisdiction and contrary to the provisions of Registration Act, 1908 and violation of Article 14 of constitution of lndia and consequently, direct the 3rd Respondent to receive, register and release the release deed presented by Petitio r )rs without reference to G.O.Ms. No.609, dt.18.08.2004 published in Andl r I Pradesh Gazette Notification No.349 dt.30.08.2004. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir the affidavit filed in support of the petition, the High Court ma the 3rd Respondent to receive, register and release the rele r the Petitioners in respect of all that the property bearing tl admeasuring 133.33 Sq. yards or 11 '1 .1 sq. meters, cons s and First Floor with a built up area admeasuring 1200 sq. fee No.74lC, covered in Sy. No. 844113 and 844/4 situatec Lallaguda Village, (Addagutta) Secunderabad, Urban Taluk. I without reference to G.O.Ms. No. 609, dt. 18.08.2004 at; Pradesh Gazette Notification No. 349 dt. 30.08.2004. )umstances stated in / be pleased to direct ;e deed presented by ruse No. 10-5-78718, ling of Ground Floor :, constructed on PIot at Sai Nagar, north lyderabad - 500017 published in Andhra Counsel for the Petitioners: SRI D. RAGHAVENDAR RAO Counsel for the Respondents: SMT. S. SRAVANTHI, ASSI'. GP FOR STAMPS & REGISTRATION The Court made the following: ORDER a THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.32O15 OF 2025 ORDER:

1. Heard Sri D.Raghavendar Rao, learned counsel for the petitioners and Smt.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. The learned Counsel for the petitioners submits that the petitioners filed instant writ petition questioning the action of the respondent No.3 in not receiving registering and releasing the Release Deed presented by the petrtroners 1n respect of the property bearing House No. lO-5-787 18, admeasuring to an extent of 133.33 Sq yards, consisting of Ground Floor and First Floor with a built up area admeasuring L2OO sq feet constructed on Plot No.74/C, in Sy.Nos. 844/13 and 844 14, situated at Sai Nagar North Lallaguda Village (Addagutta) Secunderabad Urban Ta-luk Hyderabad, under the guise of G.O.Ms No.609, dated 18.08.2004 (containing the SK,J WP No.32015 2O25 properties under prohibition iist under B:c 22-A of the Registration Act, 1908, S opposed t,r Pubiic Policy) published in Andhra Pradesh Gazette Not l.cation No. 349 dated 30.08.2OO4, AS iilegal arbitrary r rd a sought a direction to the respondent No.3 to rece r e, register arrd the sa,le deed presented by the petitioners

3. Learned Counsel for the petitioners would further submits that the issue involved in this .r.rit petition 1S squarely covered by the order passed t1 this Court in WPNo. 12928 of 2023 dated 28.04.2023 zr Ld requested to pass similar order in this matter also

4. Learned Government Pleader fo - Stamps and Registration has not disputed the submisrr cn made by the learned Counsel for the petitioners

5. In terms of the order passed in I\ .P.No.12928 of 2023 dated 28.04.2023 ard for the reasorL , alike, this writ petition is disposed of and the responden.-r are directed to forthwith delete the subject property lr rm the list of SK,J WP No.32O15 2025 prohibitory proper[ies and permit the petitioners to make transactions in respect of the subject property ln accordance with law. However, there shall be no order as to costs.

6. The Registry is directed to annex copy of the order in WP No.12928 of 2023 dated 28.04.2023 along with this Miscellaneous Petitions, if any, pending in this writ petition sha-ll stand closed. No order as to costs. //TRUE COPY// SD .S.GOWRI SHAN ISTANT REGI ON OFFICER To,

1. The Principal Secretary, Stamps & Registration Depart Telangana, Secretariat Buildings, BRKR Bhavan, Tank ent, The State of und, Hyderabad

2. The Commissioner and lnspector General of Registratio'n and Stamps, M.J. Market, Hyderabad, Telangana, Hyderabad, Telangana State.

3. The Sub-Registrar, Marredpally, Hyderabad District. 4. One CC to SRI D. RAGHAVENDAR RAO, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana. [OUT] a

6. Two CD Copies (Annex a copy of the order in WP No.'12928 of 2023 daled 28.04.2023) BN HIGH COURT DATED:1111112025 ORDER WP.No.32015 of 2025 'liE c o * t I jtI 2l?6 .oA * DISPOSING OF THE WRIT PETITION WITHOUT COSTS THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KI,IMAR UIRIT PETITION No.12928 of2023 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.

2. This writ petition is hled seeking to declare the action of respondent No.3 in not receiving, registering and release the sale deed presented by the petitioner in respect of all that H.No.1O-5-783/5 consisting of Ground and First Floors on Plot No.C/25/2 admeasuring 133.33 sq. yards in Survey No.a44/4 and 844/13 situated at Thukaramgate, Lallaguda, Secunderabad, under the guise of G.O.Ms.6O9, dated

18.08.2004 (containing the properties under prohibition list under Section 22-A of the Registration Act, 1908, as opposed to Public Policy) published in Andhra Pradesh Gazette Notification No.349, dated 30,08.2004, as illegal and. arbitrary.

3. Learned counsel for the petitioner placed before this Court a copy of the said notification issued under G.O.Ms.No.6O9, a dated 18.08.2004. 2

4. In view of the clear legal position, this (c:rt does not deem it necessary to give an opportunit5r t( the learned Assistant Government Pleader for Stamps and Il gistration to hle counter in the matter. 5, A pen.rsal of the G.O.Ms.No.609, dated 18.0I 2004, shows that the same was issued under sub-section (1) o. iection 22-A of the Regrstration Act, 1908 (for short, the l.r t, 1908J as amended by the Registration (Andhra pradesh Arne rdment) Act, 1999 (for short, 'the Amendment Act, 1999). Thrr rgh the s:rid notification, it was dec.lared that the registr,i ion of any document in respect of immovable properties, as I Lentioned in the said notification, is opposed to public polic1.. The subjt:ct property is also stated to be one such property inc uded in the notification. As already noted above, the validity ol ;ection 22-A of the Act, 1908, which was introduced under th( \mendment Act, 1999, caine up for consideration before the I) r sion Bench of this Court in W.P.No.14O99 of 2OO3 and batch vherein thc said provision was stmck down by following the ju(tl ment of thc Hon'ble Apex Court. The learned Division Bench ol this Court, a by jrrdgment dated O7.t2.2O05, disposed of the sz .cl batch ot' writ pet-itions ald the relevant paragraphs read as r r der: / 3 '... By fotlowing the ratio of the aforementioned decision of the Supreme Court, we hold that Section 22-A of the Act as inserted by Andhra Pradesh Amcndment Act 4 ot L999, is violative of Articte 14 read with Article 3O0-A of the Constitution of India and is hable to be stmck down. As a sequel to striking down of Section 22-A, the Rules framed by the State or Andhra Pradesh for giving effect to the said provision and the notihcation issued in exercise of the power conferred thereunder are also liable to be quashed. In the result, the writ petitions are allowed. Section 22-A of tlle Act, as inserted by Andhra Pradesh Amendment Act 4 of 1999, is declared u nconstitutiona-l and are stmck down. Rule 2 (b) of the Rules and notifications impugned in these petitions are also struck down and quashed."

6. Thus, from the judgment of the learned Division Bench, extracted hereinabove, it is evident that consequent upon striking down of Section 22-A of the Act, 1908, as was introduced through the Registration (Andhra Pradesh Amendment) Act, 1999, all the consequential notifications and the Rules framed thereunder by the State are declared unconstitutional. The notification issued in G.O.Ms.No.6O9, dated 18.O8.2004, is one such notifications issued under Section 22-A of the Act, 1908, which was struck down by the Diuision Bench of this Court. The subject property is stated to be continued in the prohibitory list by virtue of the said o 4 notification issued in G.O.Ms.No.6O9, dated 18.Oti.

1004. As the said notification issued in G.O.Ms.No.609, datec was stood struck down by virtue of the orcle

18.08.2004, ' petssed by a Division Bench of this Court, the action of the r ipondents in continuirrg the subject property in the list I prohibitory properties is without any basis. It is not th: case of the respondents that subsequently any such notiflcatrc r was issued or any proceeding was issued under the newly rn: r -ting Section 22-.\ ot the Act, 1908 to include the subject prop: ty in the list of prohibitory properties. It is only basing upon t l 'notification issued in G.O.Ms.No.6O9, dated 18.08.2004. the subject property is continued in the prohibitory properties list, thereby preventing the petitioner from making transaction i n rcspect of the subject property.

7. In lhe light of the above, the action of the rr:r pondents in continuing the subject property in the list cf prohibitory properties is totaJly arbitrarlr and itlegal. 8- Accordingly, the Writ Petition is al1o,"v: and the respondents are directed to forthwith delete the sul). tct property from the list of prohibitory properties and permit I e petitioner t 5 to make transactions in respect of the subject property in accordalce with 1aw. There shal1 be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Date:28.O4.2023 KH MUMMINENI SUDHEER KUMAR, J a