The court rules the inclusion of private land under Section 22-A of the Registration Act, 1908 as unlawful, mandates registration of petitioners' property.
In a significant judgment, the Andhra Pradesh High Court has directed the de-notification of land owned by Sree Teja and Tejasree Developers from the prohibitory list under Section 22-A of the Registration Act, 1908. The court held that the classification of this private property as prohibited was done unlawfully and arbitrarily without following the statutory procedures. Justice Sumathi Jagadam presided over the case, W.P. No. 3076 of 2019, and issued the order on June 25, 2026.
The petitioners challenged the inclusion of their property, measuring Acs. 6.41 cents in Sowbhagyarayapuram village, Visakhapatnam District, in the prohibitory list. The court found that the District Collector had bypassed necessary legal procedures, such as statutory notification and proper valuation, before listing the property under Section 22-A.
The judgment emphasized the importance of adhering to Section 22-A(1)(e) and (2) of the Registration Act, which mandates a formal notification and detailed reasons for prohibiting property registration. The court noted that the petitioners had acquired a valid title to the land through registered deeds executed in 2008 and 2009, following a declaration by the Land Reforms Tribunal that the original vendors were non-surplus landholders.
The respondents, including the State of Andhra Pradesh, argued that the land was vested with the state under the Land Reforms Act and that it was subject to unresolved title disputes. However, the court dismissed these claims, highlighting that the petitioners' title and possession had been recognized by revenue authorities since 2011.
In response to the respondents' contention that the land was legally vested with the state, the court pointed out the delay of over 14 years in challenging the Land Reforms Tribunal's order, deeming it unexplained and unreasonable. The court further criticized the Revenue Divisional Officer's conduct in conditionally removing the land from the prohibitory list only if the petitioners withdrew their writ petition, calling it impermissible.
The judgment reiterated the citizens' right to access justice under Article 226 of the Constitution of India, stating that executive authorities cannot impose conditions on invoking the court's jurisdiction. The court directed the District Collector to issue orders for de-notification of the property within eight weeks and instructed the Sub-Registrar to accept and register the petitioners' documents according to the law.
This ruling underscores the judiciary's role in safeguarding property rights and ensuring adherence to statutory procedures by government authorities. The judgment is seen as a victory for property owners challenging arbitrary classifications and reinforces the legal principles of transparency and fairness in property registration processes.
Bottom line:-
Land classified as prohibited property under Section 22-A of the Registration Act, 1908 without adherence to statutory procedures held unlawful and arbitrary; directed de-notification and registration of petitioners' property.
Statutory provision(s): Article 226 of the Constitution of India, Section 22-A of the Registration Act, 1908, Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Section 4(2).
