Allowed

Singamala Sujatha Kumar v. The Government of Andhra Pradesh

Telangana HC13 Feb 2013WP/4400/2013

Case brief

AI extract

What is this about?

The court held that an assigned land sold in a public auction loses its restricted status under the Andhra Pradesh Assigned Lands Act. The Sub-Registrar must register the document for the land auctioned in 2000.

What did the court decide?

Petitioner directed to have her document for registration received and processed by the Sub-Registrar without reference to the land's former status as assigned land.

Singamala Sujatha Kumar Vs The Government of Andhra… — Property and Title | Telangana HC (2013)

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD

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WEDNESDAY, THE THIRTEEN (13^TH ) DAY OF FEBRUARY, TWO THOUSAND AND THIRTEEN

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Present:

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HON’BLE SRI JUSTICE SANJAY KUMAR

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Writ Petition No.4400 of 2013

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Between:

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Singamala Sujatha Kumari.

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Petitioner

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And: The Government of A.P., rep. by District Collector Kadapa District & two others

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… Respondents

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HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.4400 of 2013

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ORDER:

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The petitioner is aggrieved by the action of the Sub-Registrar of Assurances, Siddavatam, Kadapa District, in not entertaining the document presented by her for registration in respect of the land admeasuring Acs.4.85 cents in Survey No.396/3 in Rachagudipalli village, Vontimitta Mandal, Siddavattam Sub-District of Kadapa District.

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2. The petitioner purchased the subject land in an auction held in E.P.No.2148 of 2000-2001 on the file of the Deputy Registrar, District Co-operative Central Bank, Kadapa. This auction came to be held as one Erakatota Venkata Subbaiah, who was assigned the subject land, mortgaged it to Upparapalli Rural Bank for the purpose of availing a loan and owing to his default in repaying the same, the bank initiated recovery proceedings culminating in the sale of the assigned land.

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Having purchased the subject land in the auction as afore stated, the petitioner was desirous of transferring the same to her kith and kin. However, when she approached the third respondent in this regard, he refused to receive the document on the ground that the subject land was an assigned land.

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3. The issue raised in this writ petition is no longer res integra. A learned Division Bench of this Court in the decision reported in THE SUB-REGISTRAR, SRIKALAHASTI, CHITTOOR V.

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K.GURAVAIAH^[1] , held that Section 6 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, exempts assigned lands which are put to public auction, in circumstances such as are obtaining in the present case, from the provisions of the said Act and such assigned land would lose its status and characteristics. The third respondent is therefore not entitled to refuse registration of the document presented by the petitioner on the ground that the subject land continues to be assigned land despite the later developments.

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4. The writ petition is accordingly disposed of directing the third respondent to receive and process the document(s) submitted by the petitioner for registration in respect of the land in question in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908, without reference to the fact that the land was earlier treated as an assigned land. W.P.M.P.No.5476 of 2013 shall stand dismissed in the light of this final order. No costs.

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________________ SANJAY KUMAR, J

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Date: 13.02.2013 bsb/ssp

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[1] 2009(2) ALD 250

Singamala Sujatha Kumar v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Singamala Sujatha Kumar v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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