The Visakhapatnam City A.P. State Government N.G.O.S v. The State Of Andhra Pradesh, Revenue Department,
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.9615 OF 2016 O R D E R :
Petitioners have questioned the Gazette Notification No.3795/2007/E.1 dt.28.01.2016 issued by the respondents under Section 22(A)(1) of Registration Act, 1908 and publishing the same in Visakhapatnam Gazette issued by the 2nd respondent in respect of the subject land.
2. Counsel for the petitioners states that in view of the Full Bench judgment of this Court in Vinjamuri Rajagopala Chary and others v. State of Andhra Pradesh rep. by Principal Secretary, Revenue Department, Hyderabad and others[1] the said notification has no legal validity because the Full Bench observed at para 36(v) that no notification contemplated by Section 22-A (2) of the Act is necessary with respect to properties falling under Clauses (a) to (d) of subSection (1) of Section 22-A of the said Act.
3. This legal position is not disputed by the Government Pleader for Revenue appearing for the respondents.
4. Therefore, the Writ Petition is allowed declaring that the above Gazette Notification has no validity. Consequently, the 3rd respondent is directed to entertain the applications filed by the petitioners for the purpose of registration of land in survey No.174/2P and 175/5P of Madhurawada village, Visakhapatnam District, without reference to the said notification, in accordance with law; and if the 3rd respondent does not wish to register the application presented by the petitioners, he shall pass an order under Section 71 of the Act, giving reasons why he does not want to register it and communicate the same to the
petitioners within a period of six (06) weeks from the date of presentation of the applications by the petitioners. There shall be no order as to costs.
5. Consequently, Miscellaneous Petitions pending if any, shall stand closed.
_______________________________ M.S. RAMACHANDRA RAO, J 07th April, 2016.
gra [1] 2016(1) ALT 550 (F.B.)