Grandhi Bharata Mallika Ratna Kumari v. State of Andhra Pradesh, Rep. by its Principal Secretary
2023-01-30
V.SUJATHA
body2023
DigiLaw.ai
ORDER : WRIT PETITION No. 907 of 2016 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction, A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 4th Respondents, published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22(A)(1) of the Registration Act, 1908 as being illegal, arbitrary, unconstitutional and in violation of the provisions of the Registration Act and are nonest pursuant to the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000, and Memo No.739/JA1/2012-1, dated 05.11.2012 which stands suspended in W.P.No.36920 of 2012, vide order dated 04.12.2012, and B. Consequently to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 4th Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22-A(1) of the Registration Act, 1908, and C. To declare the action of the Respondents in refusing to receive and register the document presented by the Petitioners in respect of the property admeasuring an extent of 1568.59 Sq.yards or 1311.541 Sq.Mtrs. situated in T.S.No.1197, Block No.57, Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as illegal, arbitrary and contrary to the provision of Registration Act and the Rules made thereunder, and D. Consequently direct the respondents to receive, register and release the document in respect of the property admeasuring an extent of 1568.59 Sq.yards or 1311.541 Sq.Meters situated in T.S.No.1197, Block No.57, Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and…”. WRIT PETITION No. 8331 of 2016 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.
1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary, unconstitutional and in violation of the provisions of the Registration Act and are non-est pursuant to the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000 and Memo No.739/JA1/2012-1, dated 05.11.2012 which stands suspended in W.P.No.36920 of 2012, vide order dated 04.12.2012, and B. Consequently to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908, and C. To declare the action of the Respondents in refusing to receive and register the various documents presented in respect of the properties situate in T.S.No.1027, 1028, 1196 and 1197 Block No.57, Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as illegal, arbitrary and contrary to the provision of Registration Act and the Rules made thereunder, and D. Consequently direct the respondents to receive, register and release the documents in respect of the properties situate in T.S.No.1027, 1028, 1196, 1197, Block No. 57, Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and…”.
WRIT PETITION No. 37193 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner, B. Consequently to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as it relates to the land of the Petitioner, and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the Deed of Absolute Sale with respect to the premise which is an extent of 1568.59 Sq.Yards or 1311.541 Sq.Meters situate in T.S.No.1197, Block 57 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act, D. Consequently, to direct the 3rd Respondent to receive, register and release the said Deed of Absolute Sale with respect to the premise which is an extent of 1568.59 Sq.Yards or 1311.541 Sq Meters situate in T.S.No.1197, Block 57 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and in violation of the provisions of Registration Act…”.
WRIT PETITION No. 37212 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009, made in W.P.Nos.21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner, B. Consequently to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as they relate to the land of the Petitioner, and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the Deed of Gift in respect of immovable Property presented by the Petitioners in respect of the property admeasuring an extent of 2720 Sq.Yards or 2274.19 Sq.Meters situate in T.S.No.1197, Block 57 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act, and D. Consequently to direct the 3rd Respondent to receive, register and release the said Deed of Gift in respect of Immovable Property presented by the Petitioners in respect of the property admeasuring an extent of 2720 Sq.Yards or 2274.19 Sq Meters situate in T.S.No.1197, Block 57 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and in violation of the provisions of Registration Act …”.
WRIT PETITION No. 37660 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act. 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner, B. Consequently to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908, in so far as it relates to the land of the Petitioner, and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the Deed of Gift in respect of Immovable Property presented by the 1st Petitioner herein in favour of his daughter the 2nd Petitioner herein for an extent of 436 Sq.Yards situate in T.S.No.1028 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act, and D. Consequently to direct the 3rd Respondent to receive, register and release the said Deed of Gift in respect of Immovable Property presented by the 1st Petitioner herein in favour of his daughter the 2nd Petitioner herein for an extent of 436 Sq.Yards situate in T.S.No.1028 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and in violation of the provisions of Registration Act…”.
WRIT PETITION No. 38167 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings RC.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner, B. Consequently to set aside the proceedings RC.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as it relates to the land of the Petitioner, and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the Gift Settlement Deed dated 07.11.2017 in respect of Immovable Property presented by the Petitioners herein for an extent of 5424 Sq.Yards or 4535.155 Sq.Mts situate in T.S.No.1027 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and within the Sub-Registration District of Visakhapatnam as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act, and D. Consequently, to direct the 3rd Respondent to receive, register and release the said Gift Settlement Deed dated 07.11.2017 in respect of Immovable Property presented by the Petitioners in respect of the property admeasuring an extent of 5424 Sq.Yards/4535.155 Sq.Mts situate in T.S.No.1027 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and within the Sub-Registration District of Visakhapatnam as being illegal, arbitrary and in violation of the provisions of Registration Act…”.
WRIT PETITION No. 38413 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009, made in W.P.Nos. 21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner B. Consequently, to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as it relates to the land of the Petitioner, and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the document submitted by the 1st Petitioner herein which is Deed of Gift dated 09.11.2017 in favour of her son the 2nd Petitioner herein in respect of Immovable Property of an extent of 550 Sq.Yards/459.87 Sq.Mts situate in T.S.No.1196 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and within the Sub-Registration District of Visakhapatnam as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act and D. Consequently, to direct the 3rd Respondent to receive, register and release the document submitted by the 1st Petitioner herein which is Deed of Gift dated 09.11.2017 in favour of her son the 2nd Petitioner herein in respect of Immovable Property of an extent of 550 Sq.Yards/459.87 Sq.Mts situate in T.S.No.1196 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and within the Sub-Registration District of Visakhapatnam as being illegal, arbitrary and in violation of the provisions of Registration Act…”.
WRIT PETITION No. 38421 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009 made in W.P.Nos. 21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner B. Consequently, to set aside the proceedings Rc.No. 3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as it relates to the land of the Petitioner and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the document submitted by the 1st Petitioner herein which is Deed of Gift dated 09.11.2017 in favour of her son the 2nd Petitioner herein in respect of immovable Property of an extent of 412 Sq.Yards/344.432 Sq.Mts, denoted as Plot No.12, situated in T.S.No. 1028 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and within the Sub-Registration District of Visakhapatnam as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act and D. Consequently, to direct the 3rd Respondent to receive, register and release the document submitted by the 1st Petitioner herein which is Deed of Gift dated 09.11.2017 in favour of her son the 2nd Petitioner herein in respect of Immovable Property of an extent of 412 Sq.Yards/344.432 Sq.Mts, denoted as Plot No. 12, situates in T.S.No.1028 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation and within the Sub-Registration District of Visakhapatnam as being illegal, arbitrary and in violation of the provisions of Registration Act…”.
WRIT PETITION No. 38895 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act, as also the judgment dated 11.09.2009 made in W.P.Nos. 21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner B. Consequently, to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as it relates to the land of the Petitioner and C. To declare the action of the 3rd & 4th Respondent in failing to receive, register and release the Deed of Development Agreement coupled with General Power of Attorney dated 13.11.2017 in respect of Immovable Property admeasuring an extent of 5424 Sq.Yards/4535.155 Sq.Mts. situated in T.S.No.1027 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act and D. Consequently, to direct the 3rd Respondent to receive, register and release the said Deed of Development Agreement coupled with General Power of Attorney dated 13.11.2017 in respect of Immovable Property admeasuring an extent of 5424 Sq.Yards/4535.155 Sq.Mts, situated in T.S.No. 1027 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and in violation of the provisions of Registration Act…”.
WRIT PETITION No. 39233 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ by declaring the action of the Respondent No.4 in rejecting to receive the document for registration of the sale deed dated 30.10.2017 presented by the petitioner as illegal and arbitrary and consequently, to direct the 4th Respondent to receive, register and release the sale deed dt.30.10.2017, to an extent of 720 Sq.Yards, covered by Town Survey No.1027 in Block No.43 of Waltair Ward within the limits of GVMC, assessment no.27171 and also the land to an extent of 144 Sq.Yards out of Schedule-A property together with entire fourth floor portion measuring plinth area of 3160 Sft. (including common areas) bearing Door No.11-2-18, assessment no.27171, APEPDCL Electrical Connection Meter no.326033 and two car parkings (each measuring 100 sq ft) of 200Sft in the cellar floor of the apartment building named as “Friends Court” proposed to be presented by the petitioner…”. WRIT PETITION No. 38895 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009, made in W.P.Nos. 21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner B. Consequently, to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.
21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner B. Consequently, to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos. 1027, 1028, 1029, 1196 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as it relates to the land of the Petitioner, and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the document submitted by the Petitioners herein which is Gift Settlement Deed dated 16.12 2017 in respect of Immovable Property admeasuring an extent of 1200 Sq.Yards/1003.353 Sq.Mts in T.S.No.1028 of Waltair Ward within the limits of the Greater Visakhapatnam Municipal Corporation (GVMC) and within the Sub-Registration District of Visakhapatnam as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act and D. Consequently, to direct the 3rd Respondent to receive, register and release the said document submitted by the Petitioners herein which is Gift Settlement Deed dated 16.12.2017 in respect of Immovable Property admeasuring an extent of 1200 Sq.Yards/1003.353 Sq.Mts. in T.S.No.1028 of Waltair Ward within the limits of the Greater Visakhapatnam Municipal Corporation (GVMC) and within the Sub-Registration District of Visakhapatnam…”.
in T.S.No.1028 of Waltair Ward within the limits of the Greater Visakhapatnam Municipal Corporation (GVMC) and within the Sub-Registration District of Visakhapatnam…”. WRIT PETITION No. 12159 of 2017 The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate writ, order or direction A. To declare proceedings Rc.No. 3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1198 and 1197 of Waltair Ward Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 as being illegal, arbitrary and in violation of the provisions of the Registration Act as also the judgment dated 11.09.2009 made in W.P.Nos.21487/2000 and 21493/2000, in so far as they relate to the land of the Petitioner B. Consequently, to set aside the proceedings Rc.No.3795/2008/E1, dated 23.12.2015 issued by the 1st & 2nd Respondents published in the Visakhapatnam District Gazette notifying extents of land in Sy.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District as being government lands and inclusion in the list of prohibited properties as under Section 22 A(1) of the Registration Act, 1908 in so far as it relates to the land of the Petitioner and C. To declare the action of the 3rd & 4th Respondents in failing to receive, register and release the Sale Deed executed by the 1st Petitioner in favour of the 2nd & 3rd Petitioners in respect of Immovable Property with respect to the premise which is an extent of 1038 Sq.Yards/867.87 Sq.Mts denoted as PIot No. 15 situate in T.S.No.1197 of Waltair Ward within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary and unconstitutional and in violation of the provisions of Registration Act, and D. Consequently, to direct the 3rd respondent to receive, register and release the said Sale Deed executed by the 1st petitioner in favour of the 2nd & 3rd petitioners, in respect of immovable property with respect to the premise which is an extent of 1038 Sq.Yards (867.87) denoted as Plot No.15 situated in T.S.No.1197 of Waltair Ward, within the limits of Greater Vishakapatnam Municipal Corporation, and…”. 2.
2. As the issue involved in all these writ petitions is one and the same, these writ petitions are decided by way of a common order. 3. The case of the petitioners in these present writ petitions is that they are the owners and possessors of their respective land and properties, situated in T.S.Nos.1027, 1028, 1196, 1197 and 971 of Waltair Ward, Vishakapatnam District. When the petitioners intended to get their properties registered in favour of the other petitioners and third parties, the respondent authorities stated that the subject land is included in the prohibitory properties list maintained under Section 22-A of the Indian Registration Act, 1908, which prevented them from registering the documents in respect of the subject lands. The Division Bench of this Court passed an order on 11.09.2000 in W.P.Nos.21487 and 21493 of 2000, wherein the proceedings issued by the Commissioner are set-aside, and in several writ petitions filed thereafter, this Court directed the respondents to receive and register the documents presented by the petitioner/s and said order has also been confirmed by the Hon'ble Supreme Court of India. Though the petitioners brought the same to the notice of the respondent authorities, they have refused to receive, register and release the documents presented by the petitioners in respect of the subject land. Aggrieved by this action of the respondents, the petitioners have filed these writ petitions. 4. Learned Government Pleader for Revenue has produced a copy of the instructions of the District Collector vide Computer No.3795/2007/E1/, dated 28.01.2023 wherein it is stated that in pursuance of the instructions of the Government, the land in T.S.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward, Visakhapatnam District is de-notified from the list of prohibited properties in accordance of the orders passed by the Division Bench dated 11.09.2009 in W.P.Nos.21487 and 21493 of 2000, which were further upheld by the Hon'ble Supreme Court of India and thereafter, suitable instructions were also issued to the District Registrar, Vishakapatnam informing him regarding the de-notification of the said properties. 5.
5. Learned Government Pleader for Revenue has also furnished a copy of the letter of the District Collector addressed to the District Registrar, dated 16.11.2022, wherein it is stated that as verified from the files, the subject lands in T.S.Nos.1027, 1028, 1196 & 1197 of Waltair ward of Maharanipeta Mandal are notified in the list of the Prohibited properties under Section 22-A of the Act and the committee has recommended to de-notify the list of properties in T.S.Nos.1027, 1028, 1029, 1196 and 1197 of Waltair Ward of Maharanipeta Mandal, Visakhapatnam District, from the list of the prohibitory properties list under Section 22-A(1)(a), 22-A(1)(b) and 22-A(1)(d) of the Indian Registration Act, 1908 and accordingly, the same de-notified. 6. Learned Government Pleader has readily agreed to receive, process and release the document(s) presented by the petitioners, in accordance with Section 71 of the Registration Act, 1908 (for short "the Act"). However, it is relevant to refer to Section 71 of the Act, which reads as follows : “(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.” 7. Having regard to the said instructions, as the properties have already been de-notified from the prohibitory properties list furnished by the Government, this Court feels it appropriate to dispose of these writ petitions by directing the Sub-Registrar to receive, process and release the document/(s), as and when they are presented by the petitioners, as per the provisions of Section 71 of the Act. 8. Accordingly, these writ petitions are disposed of. There shall no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed.