GANDREDDI CHINAN ATCHI BABU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THESE two Writ Petitions raise identical issues. Hence, they are heard and disposed of together.

(2.) THE petitioners filed these Writ Petitions feeling aggrieved by the action of respondent No.4 in not receiving the documents sought to be presented by them for registration based on letter, dated 09-05-2012, addressed by respondent No.3 to the Commissioner, Greater Visakhapatnam Municipal Corporation (GVMC), Visakhapatnam, and respondent No.4. A perusal of the said letter shows that respondent No.3 has taken the stand that Cheemalapalli Village, in which the property in dispute is situated, is an unsettled whole Inam Village; that no settlement records were prepared so far; that the FMB shows that the total area in Survey No.24 is Acs.52-56 cents and subdivided into two subdivisions; that Survey No.24/1 measures Acs.7-75 cents and belongs to SVLN Devastanam and that Survey No.24/2 measures Acs.44.81 cents and classified as poramboke land. Respondent No.3 further opined that except those two sub-divisions, Survey No.24 does not contain any other sub-division and that GVMC may not approve the building plans in subdivision Nos.24/2, 3A, 3B, 3C, 3D1, 3D2, 3E, 3F, 3IB, 3G,

(3.) THE Registration Act, 1908 (for short 'the Act'), is a self contained code. While providing procedure for registration of the documents, the Act envisages prohibition of registration of certain documents under Section 22-A thereof. While under Sub-Section (b) of Section 22-A of the Act, registration of documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of any property owned by the State or Central Government, executed by persons other than those statutorily empowered to do so, is prohibited, under Clause (e) thereof, the State Government may, by notification, prohibit registration of documents or class of documents, if the documents or class of documents relating to properties having avowed or accrued interests of Central and State Governments, Educational, Cultural, Religious and Charitable Institutions etc., are presented for registration. Even though no notification is required prohibiting registration in respect of the properties falling under Clause (b), the revenue officials shall apply their mind to the ownership and title of the Government before communicating the list of the Government properties to the registering authorities. The Registering Officers, who are independent functionaries, need not religiously follow the instructions of the revenue Officials while exercising their power of registering a document. Even if any communication is issued by the revenue authority to the effect that a particular property belongs to the Government, the discretion of the registering authority in examining the said claim with reference to the claim of the party seeking registration is not completely scuttled. It is the obligation of the registering authority to examine the competing claims of the parties and take a decision either to register the document or pass a speaking order under Section 71 of the Act, if he finds reasons for its refusal.