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Monday, January 28, 2013

refusing to receive and register the sale deed for the land in an extent of Ac.4.01 cents in Sy.No.743 of Gadela village, Obulavaripalli Mandal, Cuddapah District, though the same was purchased by the 1st petitioner in the public auction conducted by the 4th respondent in pursuance of the proceedings in E.P.No.576/96-97, as arbitrary, illegal, contrary to the provisions of the A.P. Assigned lands (Prohibition of Transfers) Act, 1977 and also the law laid down by this Hon’ble Court in W.A.No.950 of 2007 apart from being violative of the fundamental and constitutional rights guaranteed under Articles 14,19, 21 & 300A of the Constitution of India and consequently direct the respondent No.3 to receive and register the sale deed for the above said land and to pass such other order or orders as this Hon’ble Court deem fit and proper in the interest of justice.” -since petitioner No.1 has purchased the assigned land in a public auction held for recovery of dues owed to a co-operative society, the case is covered by the judgment in Sub Registrar, Srikalahasti, Chittoor District v. K. Guravaiah[1].


The Hon'ble Sri Justice C.V.Nagarjuna Reddy

 

Writ Petition No.1363 of 2013

 

Dated:22.01.2013

 

Between:

 


Smt.Basetti Subbaratnamma and others             … Petitioners

And


The Government of Andhra Pradesh,
Represented by its Principal Secretary,
Revenue Department, Secretariat,
Hyderabad and others                                           … Respondents

                                                                        

Counsel for the petitioners                : Sri Balaji Medamalli



Counsel for respondents          : Assistant Government Pleader for
                                                 Revenue              

 









 

 




The Court made the following :







ORDER:
          This writ petition is filed for the following substantive relief:
“to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the respondent No.3 in refusing to receive and register the sale deed for the land in an extent of Ac.4.01 cents in Sy.No.743 of Gadela village, Obulavaripalli Mandal, Cuddapah District, though the same was purchased by the 1st petitioner in the public auction conducted by the 4th respondent in pursuance of the proceedings in E.P.No.576/96-97, as arbitrary, illegal, contrary to the provisions of the A.P. Assigned lands (Prohibition of Transfers) Act, 1977 and also the law laid down by this Hon’ble Court in W.A.No.950 of 2007 apart from being violative of the fundamental and constitutional rights guaranteed under Articles 14,19, 21 & 300A of the Constitution of India and consequently direct the respondent No.3 to receive and register the sale deed for the above said land and to pass such other order or orders as this Hon’ble Court deem fit and proper in the interest of justice.”

          At the hearing, it is conceded by the learned Assistant Government Pleader for Revenue that since petitioner No.1 has purchased the assigned land in a public auction held for recovery of dues owed to a co-operative society, the case is covered by the judgment in Sub Registrar, Srikalahasti, Chittoor District v. K. Guravaiah[1].

In the light of the above, the writ petition is allowed with the direction to respondent No.3 to receive the document(s) that may be presented by the petitioners and register the same, subject to the latter complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.1645 of 2013 filed by the petitioners for interim relief is disposed of as infructuous.

_____________________________

C.V.Nagarjuna Reddy, J

22.01.2013
KH


[1] 2009 (2) ALD 250 (DB)

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