Disposed¶48

Jagannadham Nageswara Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC4 Mar 2025WP/2482/2025

Case brief

AI extract

What is this about?

Assigned land; cooperative bank auction; sale certificate; District Cooperative Central Bank; Section 22-A Registration Act; A.P. Act 19 of 2007; Section 6 A.P. Assigned Lands (Prohibition of Transfers) Act 1977; loss of assigned character; basic value register; market value refusal; Sub-Registrar Chintalapudi; stamp duty; registration of sale deed; writ of mandamus; Article 226; W.P. No.14750 of 2007; W.A. No. 950 of 2007; Eluru district; disposed with no costs.

What did the court decide?

Writ petition disposed of by directing the 4th respondent to receive and process the document presented by the petitioner in accordance with law; no order as to costs; miscellaneous petitions, if any, pending shall stand closed. ¶48

Jagannadham Nageswara Rao, Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Sub-Registrar (4th respondent) could refuse to furnish the market value from the basic value register required to determine stamp duty and to present the sale deed for registration of the petitioner's land. +1 more

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Court's answer

The 4th respondent was directed to receive and process the document that may be presented by the petitioner in accordance with law.

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Ratio / Principle

Although the lands were initially assigned, once they were mortgaged in favour of the Primary Agricultural Cooperative Society and subsequently sold through auction, they lose the character of assigned lands, and such transactions are exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.

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Key takeaways

Proceeding on the view of the Composite High Court in W.P. No.14750 of 2007, as upheld by a Division Bench of this Court in W.A. No. 950 of 2007, that once an assigned land is brought to sale by a cooperative bank, the prohibition under Section 22-A of the Registration Act does not apply.ratio¶48

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Venkateswarlu Nimmagadda J.) disposed of a writ petition under Article 226 by an auction purchaser of Ac. 2.11 cents in R.S. No. 1252-12J, Chintalapudi, whose sale deed the Sub-Registrar had orally refused to process for want of market-value particulars from the basic value register. Held: the land, though originally assigned by the government, was mortgaged with the Primary Agricultural Cooperative Society and thereafter sold in auction by the District Cooperative Central Bank, whereby it lost the character of assigned land and the transaction stands exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977; consistently with W.P. No.14750 of 2007, upheld in W.A. No. 950 of 2007, the prohibition under Section 22-A of the Registration Act (as amended by A.P. Act 19 of 2007) does not apply where an assigned land is brought to sale by a cooperative bank. The 4th respondent was directed to receive and process the document presented by the petitioner in accordance with law. No costs; miscellaneous petitions closed.

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2482 OF 2025

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Between:

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Jagannadham Nageswara Rao, S/o. Nagaiah Aged 52 Years, R/o. Erukulapeta, Chintalapudi Nagar Panchayat, Chintalapudi Mandal, Eluru District. (Old West Godavari District)

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue (Stamps and Registration) Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The District Collector, Eluru District at Eluru.

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The Tahsildar, Chintalapudi Mandal, Chintalapudi,^{EluruDistrict.}

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The Sub-Registrar, Chintalapudi, Eluru District.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in

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orally refusing to furnish the market value of basic value register so as to enable the petitioner to pay the stamp duty, registration fees and present the sale deed for registration of his land admeasuring^Ac. 2.11 Cents in R.S. No. 1252-12J situated at Chintalapudi Village and Mandal, Eluru District, as illegal, irrational, arbitrary, against to the principal of natural justice, provisions of Registration Act 1908 and offends^{Articles14and21} of Constitution of India and consequently direct the respondents more particularly 4threspondent to furnish the market value of basic value register, receive and register the sale deed being submit by the petitioner by considering the Order dt. 22-06-2012 in WP.No.18679 of 2012 passed by the Hon'ble High Court of Andhra Pradesh. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to furnish the^{marketvalueofbasic} value register, receive and register the sale deed being submit by the petitioner for his land admeasuring Ac. 2.11 Cents in R.S. No. 1252-12J situated at Chintalapudi Village and Mandal, Eluru District, by considering the Order dt. 22-06-2012 in WP.No. 18679 of 2012 passed by the Hon’ble High Court of Andhra Pradesh, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI. PETLURI NAGA RAJU

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Counsel for the Respondents; GP FOR REGISTRATION AND^STAMPS

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The Court made the following order:

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APHC010048682025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3329]

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WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2482/2025

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Between:

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Jagannadham Nageswara Rao,

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.PETLURI NAGA RAJU

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Counsel for the Respondent(S):

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1 .GP FOR REGISTRATION AND STAMPS

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of

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India seeking the following relief:

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‘to issue a writ order or direction more particularly^one in the nature of WRIT OF MANDAMUS declaring the action of the 4 th respondent in orally refusing to furnish the market value of basic value register so as to enable the petitioner to pay the stamp duty registration fees and present the sale deed for registration of his

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land admeasuring Ac.2.11Cents in R.S.No.l252-12J situated at Chintalapudi Village and Mandal Eluru District as illegal^irrational arbitrary against to the principal of natural justice provisions of Registration Act 1908 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents more particularly 4^^ respondent to furnish the market value of basic value register receive and register the sale deed being submit by the petitioner by considering the Order dated 22.06.2012 in W.P.No.18679 of 2012 passed by the Honble High Court of Andhra Pradesh and to pass such other order or orders...”

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The learned counsel for the petitioner submits that the petitioner is the absolute owner, possessor, and enjoyer of agricultural land admeasuring to an extent of Ac.2.11 cents in R.S.No.1252-12J,^situatedat Chintalapudi Village and Mandal, Eluru District. The petitioner purchased the said land through a registered sale deed, vide^{DocumentNo.4035of} 2024, dated 08.02.2024, for valuable consideration^{fromthevendor.The} said agricultural land was initially assigned by the government in favor of a beneficiary. Subsequently, the beneficiary mortgaged the property with the Chintalapudi Primary Agricultural Co-operative Society. Since the loan amount was not repaid, the property was subjected to auction sale by the District Cooperative Central Bank through execution proceedings. The petitioner acquired the said property by participating in an open auction conducted by the District Cooperative Central Bank. Consequently, a sale certificate was issued by the Deputy Registrar-cum-Officer on Special Duty in favor of the petitioner.

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He further submits that the petitioner intends to sell the said agricultural land to third parties. For this purpose, the petitioner approached the 4th respondent, i.e., the Sub-Registrar, requesting the details of the market value from the basic value register^{todeterminethe} applicable stamp duty and to proceed with the registration^oftheland in favor of third parties. However, the 4th respondent^{refusedtofurnishthe} details of the market value of the said agricultural land. Aggrieved by this. the writ petition.

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Heard the learned counsel for the petitioner and the^{learnedcounsel} for the respondent.

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Having regard to the submissions made by both learned^counsel. this Court is of the considered view that, although the lands were initially assigned. Section 22-A of the Registration Act, as amended by A.P. Act 19 of 2007, prohibits the registration of documents pertaining to assigned lands. However, since the said land was mortgaged in favor of the Primary Agricultural Cooperative Society and subsequently sold through auction. they lose the character of assigned lands. Such transactions are exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.

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Similarly In W.P. No.14750 of 2007, the Composite High^Courthe\d that once an assigned land is brought to sale by a cooperative bank, the prohibition under Section 22-A of the Registration Act does not apply. This

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view was upheld by a Division Bench of this Court in W.A. No. 950 of 2007. Hence, the writ petition is disposed of by directing the 4th respondent to receive and process of the document that may be presented by the petitioner in accordance with the law. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

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Sd/- N NAGAMMA ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary to Government, Revenue (Stamps^and Registration) Department, State of Andhra Pradesh,^Secretariat, Velagapudi, Amaravati, Guntur District.

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