AP HIGH COURT
| Main Number | WP 9269/2020 | SR Number | WPSR 12241/2020 |
| Petitioner | Sunkara Gandhi | Respondent | The State of Andhra Pradesh |
| Petitioner Advocate | P RAMA SHARANA SHARMA | Respondent Advocate | GP FOR REGISTRATION AND STAMPS AP |
THE HON’BLE SRI JUSTICE K. SURESH REDDY
Writ Petition.No.9269 of 2020
ORDER:-
This writ petition is filed under Article 226 of Constitution
of India to issue writ of Mandamus declaring the action of 3rd
respondent in not entertaining the sale certificate for registration
on the ground that the market value has to be paid instead of
value contained in the sale certificate, as illegal, arbitrary and
direct the 3rd respondent to receive and register the sale
certificate in respect of property vide Ac.0-34 cents situated in
Survey No.86/1, at Bantupalli Vari Kallalu Panchayat,
Vemulasavalsa Revenue Village, Aanandapuram Mandal,
Visakhapatnam District, being conveyed by the State Bank of
India, on behalf of Sri Tankala Harsha Teja, S/o T.Naidu.
2. Heard learned counsel for the petitioner and learned
Government Pleader for Stamps and Registration.
3. According to the petitioner, State Bank of India has
conducted a public auction in respect of the above said property
on 11.2.2020. The said property had been mortgaged by its
registered owner Tankala Harsha Teja having purchased the same
through registered sale deed from his previous vendor by name
Yenni Sunitha, W/o Yenni Srinivasa Rao vide Doc.No.2475/2013,
dated 6.12.2013. The said Tankala harsha Teja has mortgaged the
said property in favour of the State Bank of India as standing
guarantee of one IIHFL, for their loan. Since the said loan is not
repaid by IIHFL, the Bank has made their account Non Performing
Assets (NPA) and invoked the Securitization and Reconstruction of
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Financial Assets and Enforcement of Securities Interest Act, 2002
(SARFAESI) proceedings and as a final resort, the property has
been put for auction on 11.2.2020. In that auction, the petitioner
has became highest bidder for a sum of Rs.35,00,000/- and soon
after he paid the entire auction sale price, on 18.5.2020 the
authorized officer of the Bank went to the office of 3rd
respondent for effecting the registration of sale certificate.
4. It is also averred by the petitioner that he remitted
the stamp duty of Rs.2,27,500/- as well as the registration fee of
Rs.35,000/-, totaling of Rs.2,62,700/- on the same day and
presented the sale certificate for registration. But, the 3rd
respondent refused to receive the same on the ground that the
stamp duty has to be paid as per the market price of the land and
not on the auction sale price. Hence, the writ petition.
5. The issue raised in the writ petition is squarely
covered by the decision of the Apex Court reported by its
Judgment dated 8.5.2009 in Civil Appeal No.3411 of 2009 (Arising
out of SLP (c) No.3920 of 2007) between V.N.Devadoss Vs. Chief
Revenue Control Officer-cum-Ins. and others.
6. The issue in the writ petition is also squarely covered
by the Judgment of this Court, dated 24.1.2014 in W.P.Nos.17600
of 2011 and 32791 of 2013, between Indian Bank, ARM Branch,
Coimbatore, Rep. by its Chief Manager and others Vs. The SubRegistrar, Nagari Mandal, Puttur Tq., Chittoor, Chittoor District,
Andhra Pradesh and others.
7. Since, the facts of the issue are squarely covered by
the above Judgments, the Writ Petition is allowed directing the
3rd respondent to receive the document pertaining to the property
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in an extent of Ac.0-34 cents situated in Survey No.86/1, at
Bantupalli Vari Kallalu Panchayat, Vemulasavalsa Revenue Village,
Aanandapuram Mandal, Visakhapatnam District, and register the
same as per the value shown in the sale certificate as market
value for the determination of stamp duty and release the
document within a period of two months from the date of the
receipt of the copy of order.
There shall be no order as to costs.
Consequently, miscellaneous petitions, pending if any, shall
stand closed.
_________________
K. SURESH REDDY, J
9
th September,2020.
RPD
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HON’BLE SRI JUSTICE K. SURESH REDDY
Writ Petition.No.9269 of 2020
Dated :09.09.2020
RPD
