SYED ZAKIR HUSSAIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioner challenged G.O.Ms. No. 237 (wrongly mentioned as G.O.Ms. No. 240), Revenue (Registration-I), dated 05.03.2004, and the refusal by the Sub-Registrar, Ibrahimpatnam, Ranga Reddy District, the second respondent, relying thereon, to register the documents presented by him in respect of the agricultural land admeasuring Ac.4-34 guntas in Sy. No. 96, Mangalpalli Village, Ibrahimpatnam Mandal, Ranga Reddy District. It is the case of the petitioner that he is the absolute owner and possessor of the subject land and that his ancestors were in ownership and possession thereof for more than 100 years.

(2.) While so, the Government of Andhra Pradesh issued the impugned G.O. in exercise of powers conferred by Section 22-A(1) of the Registration Act, 1908 (for short, 'the Act of 1908'), as amended by the Registration (Andhra Pradesh Amendment) Act, 1999 (for short, 'the Act of 1999'), declaring the registration of documents relating to immovable properties situated at the places described in the annexure thereto as opposed to public policy. The petitioner's land admeasuring Ac.4-34 guntas in Sy. No. 96 of Mangalpalli Village was included in the said annexure under the category of 'Government lands'. The petitioner stated that he came to know of the existence of the aforestated G.O. when he approached the office of the second respondent to know the particulars of valuation of the subject land.

(3.) Aggrieved by the said G.O. in so far as it categorized his land as Government land and prohibited registration of documents relating thereto on the ground of public policy, the petitioner filed the present case. He contended that as the Act of 1999 was struck down by this Court, the impugned G.O., which was issued thereunder, would also not survive. He therefore sought a declaration that the impugned G.O. is ultra vires and illegal and that the refusal by the second respondent to register documents presented by him in respect of the subject land, relying upon the said G.O., is also illegal and arbitrary.