The High Court of Andhra Pradesh has directed all the Civil Courts in the State to continue hearing the pending cases registered under various property legislations and also to entertain the disputes relating to immovable properties in the face of challenge to the Andhra Pradesh Land Tilting Act, 2022. The Andhra Pradesh Land Titling Act, 2022, was enacted to reform deed registration for immovable property, introduce a new title registration system to boost the land market, create a digital and secure title record, establish a special authority for dispute resolution, and reduce litigation. In the instant writ petition, the act has been challenged on the grounds the act exceeds the state legislature's authority as outlined in Entries 18, 45, List-II, Schedule VII of the Constitution, and violates Articles 14, 21, 246, 251, 252, 254, and 300-A.The petitioner's counsel challenged the constitutional validity of the Andhra Pradesh Land Titling Act, particularly criticizing its provision that excludes civil courts from adjudicating disputes report.The respondent's (state's) counsel pointed out that the operational mechanisms of the Land Titling Act are not yet in effect. They mentioned that the State Government hasn't issued a notification as per Section 4 of the contested Act to designate areas for the new title registration system for immovable properties. Additionally, the appointment of the Title Registration Officer and the Land Titling Appellate Officer is pending.The counsel argued that until these provisions are activated and the relevant authorities are appointed, civil courts should not have declined to handle disputes related to immovable property. Furthermore, they committed to providing a timeline for when these elements of the Act will be implemented.The bench noted the arguments presented by the representatives of both parties and, after thorough observation, issued an interim order. This order directs all Civil Courts in the State of Andhra Pradesh to continue their proceedings with the cases currently pending, which are associated with various property-related legislations.Additionally, the bench observed the necessity to maintain judicial continuity and access, thereby instructing these courts to also accept and adjudicate new disputes related to immovable properties. This directive aims to ensure the uninterrupted processing of property disputes in the state, amidst the ongoing legal scrutiny of the Andhra Pradesh Land Titling Act.
Taking into account the various observations and the broader context of this case, the court directed that the civil courts in Andhra Pradesh should keep handling existing cases and also take on new suits related to immovable property until further notice.
TAGS: Andhra Pradesh High Court Civil Courts Property Cases Land Titling Act Challenge
