Allowed

Sri Ambavaram Chenna Reddy v. The State of Andhra Pradesh, represented by its

Telangana HC13 Dec 2010WP/31233/2010

Case brief

AI extract

What is this about?

The court allowed a writ petition filed for mandamus declaring the refusal to register a sale deed of auction-purchased assigned land as illegal and arbitrary. The High Court held that the prohibition under the AP Assigned Lands Act does not apply to such auction sales.

What did the court decide?

Respondent No. 5 is directed to receive and register the document presented by the petitioner.

Sri Ambavaram Chenna Reddy Vs The State of Andhra… — Land Acquisition | Telangana HC (2010)

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THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY

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WRIT PETITION No. 31233 of 2010

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O R D E R:

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This Writ Petition is filed for a mandamus to declare the action of Respondent No. 5 in not entertaining the sale deed from the petitioner for registration in respect of land admeasuring Ac.4.05 cents in Survey No. 11 of Rangasamudhram Village fields, Porumamilla Mandal, Y.S.R. District as illegal and arbitrary.

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I have heard Sri V.R. Reddy Kovvuri, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

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The petitioner has purchased the above-mentioned land in an auction held in execution of a certificate vide E.P.No. 1849/93-94, dated 07.05.1997 by the Deputy Registrar/Officer on Special duty of The Cuddapah District Cooperative Central Bank Limited, Cuddapah. When the petitioners sought to sell the land and present the document for the purpose of registration before Respondent No.5, the latter is said to have not entertained the same on the ground that the list furnished by the revenue authorities had shown the land as an assigned land.

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At the hearing, learned Assistant Government Pleader for Revenue has not disputed the contention of the learned counsel for the petitioner that this issue is squarely covered by the Division Bench Judgment of this Court in Sub-Registrar, Srikalahasti, Chittoor District v. K. Guravaiah^[1] , wherein it has been held that the provisions of Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 has no application to the assigned lands, which were sold in public auction, for realization of cooperative

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dues.

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In view of this settled legal position, the petitioner is entitled to sell the land and get the document registered. Accordingly, Respondent No.5 is directed to receive the document presented by the petitioner and register the same in accordance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

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The Writ Petition is accordingly allowed. No costs.

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---------------------------------(C.V. NAGARJUNA REDDY, J)

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13^th December 2010

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ksld

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..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}

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[1] 2009(2) ALD 250

Sri Ambavaram Chenna Reddy v. The State of Andhra Pradesh, represented by its

Case brief

What is this about?

What did the court decide?

Sri Ambavaram Chenna Reddy v. The State of Andhra Pradesh, represented by its

Case brief

What is this about?

What did the court decide?

What the court decided

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