Basheerunnisa v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.8362 OF 2015 ORDER :

It is stated by the learned counsel for the petitioners that the lis in this writ petition is squarely covered by the Hon'ble Full Bench Judgment of this Court reported the case of Vinjamuri Rajagopala Chary [1] . The Hon'ble Full Bench of this v. State of Andhra Pradesh and others Court considered the similar issue in the case referred to above elaborately and disposed of batch of writ appeals i.e., W.A.No.343 of 2015 and batch on 23.12.2015, which was also followed by the Hon'ble Division Bench of this Court in W.P.Nos.25033 of 2014 and batch. The Hon'ble Division Bench of this Court, by following the Full Bench Judgment referred to above, disposed of W.P.Nos.25033 of 2014 and batch on 29.01.2016 by observing as follows: (i) After expiry of the period granted by the Full Bench for taking appropriate steps as directed therein, writ petitioners are given liberty to present or represent the documents before the concerned Sub-Registrar/registering authority having jurisdiction and the Sub-Registrar/registering authority shall entertain the documents for registration.

(ii) The Sub-Registrar/registering authority upon entertaining the documents so presented for registration, process the documents in accordance with law, and bearing in mind the principles of law laid down by this Court in Full Bench judgment dated 23-12-2015 and the directions issued therein, may either admit the document for registration or, for any reason, the document cannot be registered, it shall take the decision as per the directions issued by this Court in the Full Bench judgment and communicate to parties the reasons for refusal. (iii) The Revenue Department/District Collectors, Endowments and Wakf are directed to comply the formalities suggested and the directions issued by this Court in Full Bench judgment, within the stipulated time, updating the lists required to be operated by the respective registering authorities strictly in compliance thereof.

(iv) The competent authority shall prepare the list of assigned lands with the condition of non-alienability and forward the list to Sub-Registrar/Registering Authority under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for

short "Act 1977"). The petitioners who claim to have lands assigned prior to 1954 without the condition of non- alienability are given liberty to place details of assignment and decisions of this Court on the applicability of "Act 1977" to such assignment, for updating and operating the prohibitory list by these authorities under Section 22-A of the Act.

(v) The respondent/Government having regard to a particular fact situation, if is desirous of including land assigned prior to 1954 in prohibitory list and claims interest in the property, the prohibition of such registration shall be by way of a notification under Section 22-A(1)(e) of the Act. It is open to the aggrieved party to assail such notification, if any, issued by the authority competent. It is made clear that refusal of registration by S.R.O in a given case results in fresh cause of action and the party aggrieved, by such rejection, is given liberty to pursue the legal remedies available to him/her in law.

(vi) Registration of documents pursuant to interim order of this court in writ petitions/writ appeals would be subject to the decision that will be taken by the registering authority in pursuance of the directions issued by this Court in Full Bench judgment, on the principle that in a lis, interim order merges with the final order. In other words, it is open to the registering authority to either confirm the registration or cancel the registration and return the document, as the case may be, in the light of the decision of the Full Bench within three(3) months from the expiry of period of four(4) months mentioned in para.37 of the Full Bench judgment. (vii) The petitioners are given liberty to produce the copy of the Full Bench Judgment along with presentation/representation of the document in pursuance of this order.

(viii) It is made clear that the registering authorities shall not have any adjudicatory right in respect of the property covered by the document presented for registration except informing reasons for refusing the registration or cancelling the registration. It is further made clear that none of the observations made in this order shall dilute either the directions issued in the Full Bench Judgment or the observations made therein.

(ix) It is needless to mention that this order shall not take away the right of parties to carry the judgment of the Full Bench to Supreme Court, if they so desire and advised. 5.

Learned Assist Government Pleader for Revenue (Andhra Pradesh) submits that the Government of Andhra Pradesh, by

following the principles laid down in the Full Bench Judgment of this Court dated 23.12.2015, appointed a Committee to consider the grievances of the persons affected by the Notifications under Section 22-A of Registration Act,1908 and that he produced copy of G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016 to that effect.

6. In view of the same, this writ petition is disposed of in terms of the Full Court Judgment in Vinjamuri Rajagopala Chary and others v. Principal Secretary, Revenue Department, Hyderabad & Others in W.A.No.343 of 2015 and batch, dated 23.12.2015 and the Judgment of the Division Bench in W.P.Nos.25033 of 2014 and batch on 29.01.2016.

There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stands disposed of. Let a copy of the Common Order dated 29.01.2016 in W.P.Nos.25033 of 2014 and batch of the Hon'ble Division Bench, be annexed with this order.

____________________________ A.RAJASHEKER REDDY, J 21.07.2016 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.8362 OF 2015 Date: 21.07.2016 kvs

[1] 2016 (2) ALD 236 (FB)