Pidatala Ramireddy, vs The State Of Andhra Pradesh
2021 Latest Caselaw 2842 AP

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  THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                   WRIT PETITION No.15607 OF 2021
ORDER:-


         This    petition is        filed         under       Article 226         of    the

Constitution of India, seeking the following relief:-

           "...to issue an appropriate Writ Order or direction more particularly one
   in the nature of Writ of Mandamus declaring the action of the respondent

No 2 in including the land in an extent of Ac 2.84 Cents in Sy. No 346/2, Ac 1.12 cents in Sy. No 347/2, Ac 1.40 cents in Sy. No 345, Ac. 1.80 cents in Sy. No. 351/2 and Ac. 1.88 cents in Sy. No 352 of Chinnachowk Village fields Kadapa Mandal Y S R District in the prohibitory lands list furnished under Section 22-A (1) (a) of the Registration Act, 1908 and the consequential action of the respondent No 6 in refusing to entertain the sale deeds for registration for the same stating that the same is included prohibitory lands list as Assigned Land as arbitrary, illegal and quite contrary to the well established legal principles laid in the case of the SubRegistrar Srikalahsti Chittoor District Vs K Guraviah reported in 2009 2 ALD 250 apart from being violative of fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No. 6 to entertain the sale deeds for registration for the land in an extent of Ac 2.84 Cents in Sy No 346/2, Ac 1.12 cents in Sy No 347/2, Ac 1.40 cents in Sy No. 345, Ac 1.80 cents in Sy No. 351/2 and Ac 1.88 cents in Sy No 352 of Chinnachowk Village fields Kadapa Mandal, Y S R District by setting aside the prohibitory lands list communicated by the respondent No 2 under Section 22-A of the Registration Act 1908 in so for as the same is concerned and pass order or orders as are deem fit...".

2. The case of the petitioners is that the land in an extent

of Ac.2.84 cents in Sy.No.346/2, Ac.1.12 cents in Sy.No.347/2,

Ac.1.40 cents in Sy.No.345, Ac.1.80 cents in Sy.No.351/2 and

Ac.1.88 cents in Sy.No.352 of Chinnachowk Village fields, Kadapa

Mandal, YSR Kadapa District have been assigned in favour of

Smt.Chippagiri Lakshmamma and her family members and the

same has been mortgaged by them in favour of the Rayalaseema

Farmers Services Co-operative Society Limited. Thereafter, as

Smt.Chippagiri Lakshmamma and her family members could not

repay the loan secured by them the Kadapa District Co-operative

Central Bank Limited Kadapa, YSR District brought the subject land

for auction. One Chippagiri Sreenivasulu was declared as highest

bidder for a sum of Rs.75,000/- and he has paid the said sum along

with stamp duty on the same day. Thereafter, the Special Category

Deputy Registrar-cum- Officer on Special Duty has confirmed the

sale through the proceedings dated 09.09.2003 and issued a

Certificate of Sale in Form-10 on 09.09.2003.

3. Thereafter, Mr.Chippagiri Srinivasulu sold the subject

land in favour of petitioners through the sale deeds, dated

11.11.2005 registered as Document Nos.2512, 2513, 2514 and

2515 of 2014. Since then, the subject land is in possession and

enjoyment of the petitioners. The petitioners submitted

applications in Form-VI-A intimating the acquisition of Rights over

the subject land as is provided under Section 4(1) of the Act, 1971

and request Respondent No.4 to mutate the Revenue Records and

also issue Pattadar Passbooks and Title Deeds in their favour.

When the petitioners executed an Agreement of Sale in favour of

P.Samba Siva Reddy and another and went to the office of

Respondent No.6 for presentation of a document for registration,

Respondent No.6 refused to entertain the same for registration

stating that the subject land is included in the prohibitory lands list

furnished under Section 22-A of the Registration Act, 1908(for

short 'the Act,1908) and hence the Sale Deed for registration

cannot be entertained.

4. The subject land was purchased by petitioners vendor

in the auction held by Respondent No.5 for non-payment of loan

secured by the original assignees and the sale certificate was also

issued long back on 09.09.2003. The 2nd respondent included the

subject land as an Assigned Land in the prohibited lands list

prepared by him under Section 22-A (1) (A) of the Act 1908 and

communicated the same to the Registration Department is highly

illegal. Aggrieved by the same the present Writ Petition is filed.

5. Heard the learned counsel for the petitioners and the

learned Assistant Government Pleader for Registration & Stamps

appearing for the respondents.

6. No counter is filed by the respondents.

7. It is the contention of the petitioners 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."

8. Learned counsel for the petitioners while dealing with

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.

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

Rayalaseema Farmers Services Co-operative Limited, which is the

subsidiary of Kadapa 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.

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

the respondent No.6 is directed to receive and register the Sale

deed to be presented by the petitioner in respect of the above

subject property in accordance with law, notwithstanding the

notification of the property under Section 22-A (1)(a) of Registration

Act.

11. 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

Petitionshall stand closed.

JUSTICE M.SATYANARAYANA MURTHY

Date : 04-08-2021 tm

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.15607 OF 2021

Date : 04.08.2021

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