Kadimi Lakshmi vs The State Of Andhra Pradesh
2021 Latest Caselaw 2841 AP

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      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                    WRIT PETITION No.15683 OF 2021
 ORDER:-


         This     petition is        filed       under     Article 226       of     the

 Constitution of India, seeking the following relief:-

      "... to issue a writ, order or direction more particularly one in the nature of
      writ of Mandamus declaring the action of the Respondent Nos.3 and 4 in

refusing to get the Gift Settlement Deeds registered in respect of the land to an extent of Ac.4.12 cents in Sy.no.224/2, an extent of Ac.3.00 cents in Sy.No224/3, an extent of Ac.0.85 cents in Sy.No.813/4, an extent of Ac.0.30 cents in R.S.No.817/1 and an extent of Ac.2.00 cents in R.s.No.224/3 of Ramasingavaram Village, Pedavegi Mandal, West Godavari District, Andhra Pradesh on the premise that the said land is found in prohibited property register ignoring the fact that the said land comes under exemption as envisaged under Section 6 of the Andhra Pradesh Assigned Lands(Prohibition of Transfers) Act, 1977 and the order in W.P.No.17187 of 2012 dated 19.06.2012 as highly illegal, arbitrary and unconstitutional and consequently direct the respondents to receive and get the Gift Settlement Deeds to be presented by the petitioner."

2. The petitioner is the absolute owner and possessor of

the land admeasuring an extent of Ac. 4 . 1 2 cents in

Rs.No.224/2 and an extent of Ac.3.00 cents in R.S.No.224/3 of

Ramasingavaram Village, Pedavegi Mandal, West Godavari District.

She has purchased the said land under the registered Sale Deed vide

Document No.5602/2012 dated 09.07.2012 on the file of the

District Registrar, Eluru for valuable consideration from Manchem

Rama Krishna and his wife Durga Devi. The petitioner's vendor

Manchem Rama Krishna and his wife Durga Devi have purchased

said property from M.Hymavathi under two registered sale deeds

vide Doc.No.5551/2006 and Doc.No.5549/2006 dated 31.05.2006.

The petitioner has also purchased the land to an extent of Ac.0.85

cents in R.S.No.813/4 and an extent of Ac.0.30 cents in R.S.No.817/1

of Ramasingavaram Village, Pedavegi Mandal, West Godavari

District from A.Sreedevi under the registered sale deed dated

09.07.2012 vide Doc.No.5818/2012 on the file of District Registrar,

Eluru. The petitioner's vendor Smt.A.Sridevi has purchased the said

property under the registrar Sale Deed dated 31.05.2006 from

M.Venkateswara Rao. She has also purchased an extent of Ac.2.00

cents in R.S.No.224/3 from A.Raghava Rao under the registered Sale

Deed dated 09.07.2012 vide Doc.No.5601/2012 who purchased the

said property under registered Sale Deed dated 31.05.2006 vide

Document No.5550/2006. The Revenue authorities have issued

pattadar passbook and title deeds in favour of this petitioner and

her name was mutated in the Revenue records, since then, she has

been in peaceful possession and enjoyment of the same.

3. The land admeasuring an extent of Ac 5.00 cents in

R.S.No.224/2, Ac.5.00 cents in R.S.No.224/3 and Ac.5.30 cents in

R.S.No.813/4 of Ramasingavaram Village, Pedavegi Mandal, West

Godavari District was initially assigned in favour of Sri

V.Simhachalam, K.Raghavulu and K.Venkat Ratnam respectively.

They in-turn mortgaged the said property with Pedavegi Primary

Agricultural Cooperative Society which is subsidiary of District

Cooperative Central Bank, West Godavari, Eluru. Since the loan

amount was not repaid, the said property was brought to sale and

an auction was conducted on 05.11.2003, in which, one

Smt.M.Hymavathi and her husband by name M.Rama Rao were

declared as highest bidders and the auction was confirmed in their

favour, Sale certificate was also issued in their favour and

thereafter they sold the part of the said property and the

petitioner's vendor purchased the same. The revenue authorities

have issued pattadar passbooks and title deeds in favour of the

petitioner's vendors besides mutating their names in the Revenue

records.

4. When the petitioner's vendors M. Rama Krishna and

others purchased the above said land under different registered Sale

deeds, dated 31.05.2006 have proposed to alienate the property

stands in their respective names, however, the registration authorities

refused to get the Sale deeds registered on the premise that the said

land is assigned land. Therefore, they have filed W.P.No.17187 of

2012 before this Court and the same was allowed by order dated

19.06.2012 holding that once an assigned land was brought to sale by

a Cooperative Bank, the prohibition contained under Section 22-A

ofthe Registration Act does not apply for them.

5. The petitioner has two daughters namely Rama Devi

and Rajani. She has decided to give the above said property

towards pasupu kumkuma at the time of their respective

marriages and proposed to execute the Gift Settlement Deeds in

their favour, and in that regard, she approached the respondents

Nos.3 and 4 for processing the Gift Settlement Deeds after

obtaining valuation certificate for payment of registration charges.

The 4th respondent has issued valuation certificates for the above

said land and also informed that the said property is found in

prohibited property register and they will not entertain any

documents for registration in respect of the above said property.

Hence, the action of the respondents No.3 and 4 in refusing to get

the Gift Settlement Deeds registered in respect of the subject land,

is illegal and arbitrary.

6. Heard the learned counsel for the petitioner and the

learned Assistant Government Pleader for Registration & Stamps

appearing for the respondents.

7. No counter is filed by the respondents.

8. It is the contention of the petitioner that though there

is a prohibition for alienation of the assigned land as per Section 3 of

A.P. Assigned Land (Prohibition of Transfers) Act 1977 there is an

exemption under Section 6 of the said Act, it reads as follows:

Sec.6 Exemption : Nothing in this Act shall apply to the assigned lands held on mortgage by the State or Central Government, any local authority, a co-operative society, a scheduled bank or such other financial institution owned, controlled or managed by a State Government or the Central Government, as may be notified by the Government in this behalf."

9. Learned counsel for the petitioner while referring

Section 6 of the said Act, placed reliance on a judgment of erstwhile

High Court of A.P at Hyderabad in Sub Registrar, Srikalahasthi

vs. K.Guravaiah and another1. On the strength of the principle laid

down in the said judgment by Division Bench, he requested to

issue direction.

10. It is an undisputed fact that petitioner became owner

of the properties and it was registered in her name on 09.07.2012, and

there is no prohibition for alienation of land assigned to the freedom

fighters after stipulated period.

11. In any view of the matter when land is mortgaged with

District Cooperative Central Bank, according to Section 3 (2) of A.P

Assigned Lands (Prohibition of Transfers) Act, 1977 (for short Act IX

of 1977), no landless poor person shall transfer any assigned land, and

no person shall acquire any assigned land, either by purchase, gift, lease,

mortgage, exchange or otherwise. Clause 3 further says that any transfer

made in contravention of the provision of sub-section (1) of sub-section

(2) or subsection (2-A) shall be deemed to be null and void., Clause 4 says

that The Provisions of this section shall apply to any transaction of the

nature referred to in sub-section (2) in execution of a decree or order of

a Civil Court or of any award or order of any other authority. When the

property was sold in execution of decree by the Cooperative Society or

Bank, the property is exempted from application of provisions of Act IX of

1977. Therefore, sale of assigned land by Registrar of Cooperative

Societies is saved and this view is fortified by the judgment of Division

Bench of erstwhile High Court of A.P at Hyderabad in The Sub-Registrar

v. K. Guravaiah's case (referred supra), in para No.12 of the judgment,

the Court discussed about validity of such sale and finally concluded

that when bid was knocked down in favour of petitioner is confirmed

and sale deed has been executed by the concerned Cooperative Bank, the

sale is valid. When once the property was mortgaged to the Cooperative

Society, which is not prohibited, sold in the auction for realization of

debt due under the award, such transaction is exempted from application

of provisions of Act IX of 1977. Hence, I find that transfer in favour of

petitioner cannot be said to be in violation of provisions of Act IX of

1977.

12. In view of the facts and circumstances of this case,

the respondents No.3 and 4 are directed to receive and register the

Gift Settlement Deeds to be presented by the petitioner in respect of

the above subject property in accordance with law and

notwithstanding the notifying the land under Section 22-A (1)(a) of

Registration Act.

13. With the above direction, the Writ Petition is disposed

of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

JUSTICE M.SATYANARAYANA MURTHY

Date : 04-08-2021 tm

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.15683 OF 2021

Date : 04.08.2021

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