IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.566 of 2021
(Through video conferencing)
State of Andhra Pradesh,
Rep. by its Prl. Secretary,
Revenue Department,
Secretariat Buildings, Velagapudi,
Amaravathi,
Guntur District and others
... Appellants
Versus
S. Noor Jahan Begum,
W/o.Late Hydar Velli,
LBS Road, Piler,
Piler Mandal,
Chittoor District. ... Respondent
Counsel for the Appellants : G.P. for Assignment
Counsel for respondent : Suresh Kumar Reddy Kalava
JUDGMENT (ORAL)
Dt: 05.10.2021 (per Arup Kumar Goswami, CJ) This Writ Appeal is presented against the order dated 14.12.2020 passed by the learned single Judge in W.P.No.23712 of 2020 wherein it was observed as follows:
"5. Following the Judgment of this Court in K.Guravaiah's case referred supra, in the said Judgment, this Court held that when the original assignee mortgaged the land assigned to him in favour of the Bank or a HCJ & NJS,J 2 W.A.No.566 of 2021 financial institution or Co-operative Society under A.P. Co- Operative Societies Act,1964 and if the loan is not repaid, the consequences provided in the Transfer of Property Act, 1882 would naturally follow; that it is permissible to put the said land to public auction and recover the loan dues to the financial institution by way of sale; and such a sale is valid in law. It is also held that as per Section 2(1) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, mortgage in favour of a bank or a Co-operative Society does not amount to alienation.
6. In view of the above discussion, the Writ Petition is disposed of directing the 2nd respondent to delete the petitioner's land an extent of Ac.3.07 cents in Survey No.2072/4 and Ac.1.05 cents in Survey No.2073/3 of Doddipalli Revenue village, Pileru Mandal, Chittoor District from the prohibited property list issued by the Revenue Authorities under Section 22-A of the Registration Act,1908 within four (04) weeks from the date of receipt of a copy of this order and communicate the same to the 5 th respondent. Independently, the petitioner shall submit the sale deed for registration before the 5th respondent. The 5th respondent shall receive the sale document and process the same for registration strictly in accordance with the provisions of Stamp Act, 1899 and the Registration Act, 1908, without reference to the prohibited property list maintained under Section 22-A of the Registration Act, 1908 and release the same as per law. The above exercise shall be completed within a period of two (02) weeks from the date of presentation of the document by the petitioner."
2. Mr. G. L. Nageswara Rao, learned Government Pleader appearing for the appellants, submits that essentially the appeal is preferred on the ground that there is no provision for auction of the assigned land beyond 18.06.1999 in view of G.O.Ms.No.255, Food and Agriculture (Co-Op.IV) Department, dated 19.06.1997 and in the instant case, auction was held on 31.05.2007. He further submits that the said issue had fallen for HCJ & NJS,J 3 W.A.No.566 of 2021 consideration before the Hon'ble Supreme Court in SLP.No.6709 of 2019 filed by the State. The said SLP was dismissed on 05.03.2019 and the Review Petition (C) No.1106 of 2019 was also dismissed on 10.07.2019, and therefore, the writ appeal has to be dismissed.
3. Mr. Suresh Kumar Reddy Kalava, learned counsel appearing for the writ petitioner, has also endorsed the above submission.
4. In the view of the above, this writ appeal is dismissed. No costs. Pending miscellaneous applications, if any, shall stand closed. ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J HS HCJ & NJS,J 4 W.A.No.566 of 2021 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA WRIT APPEAL No.566 of 2021 (per Arup Kumar Goswami, CJ) Dt: 05.10.2021 HS