Allowed

Sona Singh v. The District Collector

Telangana HC3 Aug 2012WP/23788/2012

Case brief

AI extract

What is this about?

The court allowed the Writ Petition directed at the registering authority's refusal to accept a sale deed for land purchased in execution auction. It held that such land ceases to be 'assigned land' exempt from transfer under the relevant Act, dispensing with the requirement for a No Objection Certificate.

What did the court decide?

Writ Petition allowed; addressed to respondent to receive and process the document for registration without treating the land as assigned land.

Sona Singh Vs The District Collector — Land Acquisition | Telangana HC (2012)

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HON'BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.23788 of 2012

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ORDER:

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This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the 3^rd respondent in not receiving the document presented by the petitioner for registration in respect of the land admeasuring Ac.0.68 cents in Survey No.763-1E of Somandepalli Village and Mandal, Anantapur District, as illegal and arbitrary.

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It is the case of the petitioner that the aforesaid land was originally belonged to one S.A.Gaffar and he mortgaged the same with the Primary Agricultural Co-Operative Society, Somandepalli, and obtained loan. When he committed default in repaying the loan amount, the said Society 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. For execution of that award, the Society filed E.P.No.273/1997-98 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.

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It is the grievance of the petitioner that when he intended to alienate the aforesaid land and approached respondent No.3registering authority for registration of the document, respondent No.3 refused to receive and register the same and also insisted to produce ‘No Objection Certificate’.

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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 lost the characteristic of an assigned land and the exemption contemplated under Section 6 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977, will enure to the benefit of the purchaser.

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Heard the learned counsel for the petitioner and the learned

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Government Pleader for Revenue appearing for the respondents.

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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

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Court in Sub-Registrar, Srikalahasti V. K.Guravaiah^[1] .

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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.

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As the issue involved in this Writ Petition is squarely covered by the aforesaid judgment, this Writ Petition is allowed with a direction to the 3^rd respondent to receive the document to be presented by the petitioner in respect of land admeasuring Ac.0.68 cents in Sy.No.7631E of Somandepalli 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.

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In view of disposal of the writ petition, the miscellaneous petitions filed in this writ petition shall stand disposed of.

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_______________________ JUSTICE R.SUBHASH REDDY

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03^rd August, 2012 V V

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[1] 2009 ALD (2) 250

Sona Singh v. The District Collector

Case brief

What is this about?

What did the court decide?

Sona Singh v. The District Collector

Case brief

What is this about?

What did the court decide?

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