Allowed

M.Obi Reddy, v. .The District Collector, Anantapur.

Telangana HC4 Aug 2012WP/23255/2012

Case brief

AI extract

What is this about?

This petition challenged the refusal to register land sold at public auction in execution of a loan recovery award. The court held that such land loses its 'assigned' character and granted the writ allowing registration.

What did the court decide?

Writ allowed directing Respondent No.3 to receive and process documents for registration without treating the land as assigned.

M.Obi Reddy, Vs .The District Collector, Anantapur. — Property and Title | Telangana HC (2012)

¶1

HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23255 of 2012 ORDER:

¶2

Heard learned counsel appearing for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.

¶3

This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.3 in not receiving and processing the document presented by the petitioner relating to sale of land admeasuring Ac.4.79 cents in Survey No.268 situated at C.K.Palli Village and Mandal, Anantapur District, as illegal and arbitrary.

¶4

It is the case of the petitioner that originally the aforesaid land was assigned to one V.Narasimhulu, who obtained loan from the Primary Agricultural Development Bank, Dharmavaram, by mortgaging the aforesaid land. When he committed default in repaying the loan amount, the Bank has filed a claim petition before the competent authority under A.P. Co-Operative Societies Act, 1964 (for short ‘the Act’) and obtained award for recovery of loan amount. To execute that award, the Bank filed E.P.No.10/1989-90 and the aforesaid mortgaged land was put to public auction. In the auction, the petitioner has purchased the aforesaid land and he was also issued a sale certificate as contemplated under Rule-14(2) of Rule 52 of the Rules framed under the Act.

¶5

It is the grievance of the petitioner that when he intended to sell the said land, the respondents are not accepting the document and process the same on the ground that it is assigned land.

¶6

It is the case of the petitioner that he purchased the aforesaid land in the auction conducted in execution of the decree and as such, it losses the characteristic of an assigned land and the exemption contemplated under

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Section 6 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977, will enure to the benefit of the purchaser.

¶8

When the matter has come up on earlier occasion, it was adjourned to enable the learned Government Pleader for Revenue to obtain instructions.

¶9

Today, on instructions, the learned Government Pleader for Revenue submitted that the said land was assigned to one V.Narasimhulu and as such, the same is shown in the list of assigned lands. Therefore, the documents presented in relation to the said land are not accepted for the purpose of registration.

¶10

The issue which falls for consideration in this Writ Petition is no more res integra in view of the judgment of the Division Bench of this Court in Sub-Registrar, Srikalahasti V. K.Guravaia h^[1] .

¶11

In the said judgment, the Division Bench held that once the land is sold in auction in the execution of the award, it looses the characteristic of an assigned land and the exemption provided under Section 5 of the Act will enure to the benefit of the purchaser.

¶12

As the issue involved in this Writ Petition is squarely covered by the aforesaid judgment, this Writ Petition is allowed with direction to respondent No.3 to receive the document presented by the petitioner in respect of land admeasuring Ac.4.79 cents in Survey No.268 situated at C.K.Palli Village and Mandal, Anantapur District and process the same for registration, without treating the aforesaid land as assigned land. However, it is made clear that it is open for the registering authority to verify whether the document presented by the petitioner is in accordance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. There shall be no order as to costs.

¶13

The miscellaneous petitions pending, if any, in this writ petition shall stand disposed of.

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_______________________ JUSTICE R.SUBHASH REDDY

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31^st July 2012 DR

¶16

[1] 2009 ALD (2) 250

M.Obi Reddy, v. .The District Collector, Anantapur.

Case brief

What is this about?

What did the court decide?

M.Obi Reddy, v. .The District Collector, Anantapur.

Case brief

What is this about?

What did the court decide?

What the court decided

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