YEDUKONDALU VERRIYYA T. Vs. PRINCIPAL SECRETARY TO GOVT. DEPT. OF REVENUE STAMPS AND REGISTRATION, HYDERABAD

JUDGEMENT

(1.) THE petitioner assails the action of the Sub-Registrar of Stamps and Assurances, Shameerpet, Ranga Reddy District, the third respondent, in not entertaining documents for registration in respect of his land in Survey No.956 of Jawahar Nagar Village and Gram Panchayat, Shameerpet Mandal, Ranga Reddy District.

(2.) IT is the case of the petitioner that he purchased an extent of Ac.5.00 cents in Survey No.956 of Jawahar Nagar Village in the year 2007. Being desirous of selling the said land, the petitioner approached the registration authorities but was informed that registration of documents in respect of the said land was prohibited. It is his case that his land is neither Government land nor assigned land and that prohibition in respect of registration could not be applied to it. Hence, the present writ petition.

(3.) THE learned Government Pleader for Revenue, appearing for the respondent authorities, while reiterating the above stand, contended that it was not necessary for the Government to issue a notification under S.22 - A(2) of the Act of 1908, as it presently stands. It is his case that once Government land is involved, S.22 - A(1)(b) would apply and not S.22 - A(1)(e) of the Act of 1908. He further argued that the notification issued under the erstwhile S.22 - A of the Act of 1908 vide G.O.Ms.No.786 dated 09.11.1999 would continue to operate in view of the validating clause in Act No.19 of 2007 and therefore, the prohibition put in place thereunder in respect of Survey No.956 of Shameerpet Mandal, Ranga Reddy District, would continue to be operative notwithstanding the substitution of the provision. He further stated that as the petitioner had not presented his document for registration, occasion did not arise for him to file the present case and that, if the petitioner presented his document it would be considered and necessary action would be taken under S.71 of the Act of 1908.