Andhra Pradesh High Court - Amravati
Bank Of India vs The State Of Andhra Pradesh on 10 December, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THE HON'BLE Mr. JUSTICE AHSANUDDIN AMANULLAH
AND
THE HON'BLE Dr. JUSTICE K. MANMADHA RAO
WRIT PETITION No.22637 OF 2021
Bank of India, Gollaprolu Branch,
Rep. by its Branch Manager,
Gollaprolu-533450,
East Godavari District. ... Petitioner
Versus
1. The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Revenue Department, Secretariat,
Velagapudi, Amaravathi, A.P.
2. The Sub-Registrar of Assurances,
Sub-Registrar Office,
Pithapuram-533450, E.G. District.
3. Gajula Rukmini Devi,
W/o.Late Gajula Seshagiri Rao,
D.No.9-2-67, Markandeyapuram,
Gollaprolu-533450, E.G. District.
4. Gajula Sridhar Mani Somaraju,
S/o.Late Gajula Seshagiri Rao,
Markandeyapuram, Near Ravi Chettu Gattu,
Gollaprolu-533450, E.G. District.
5. Chekkapalli Lalita Devi,
W/o.Kondala Rao,
(D/o.Late Gajula Seshagiri Rao),
D.No.9-2-67, Markandeyapuram,
Gollaprolu-533450, E.G. District.
6. Neelakantarao Mohana Surya Chakra,
W/o.Raghunandana Swaroop,
(D/o.Late Gajula Seshagiri Rao),
D.No.9-2-67, Markandeyapuram,
Gollaprolu-533450, E.G. District.
7. Mr.Veerendra Kumar Nagireddy,
Door No.4-273, Prakasam Street,
Near Church, Sampara,
G.Mamidada-533344, E.G. District.
8. Mrs.Keerthi Naga Divya,
W/o.Mr. Veerendra Kumar Nagireddy,
Door No.1-26, B.Prathipadu-533445,
2
E.G. District.
9. Mr. Jyothula Chinna Bullayya,
S/o.Late Jyothula Swamulu,
Door No.17-120, Pallapu Veedhi,
Gollaprolu-533445, E.G. District.
10.Kurakula Jogiraju, S/o.Nagaraju,
Hindu, Agriculture, Railway Station Road,
Gollaprolu-533450, E.G. District.
11.Jalligampala Seshagiri Rao,
S/o.Late Narayana Murthy,
Rangappa Cheruvu Veedhi,
Gollaprolu-533450, E.G. District.
12.Thota Durga Prasad,
S/o.Venkanna Abbayi,
Gollaprolu-533450, E.G. District.
13.Gollapalli Veera Rama Satyanarayana,
S/o.Papayya, Hindu, Agriculture,
Rangappa Cheruvu Veedhi,
Gollaprolu-533450, E.G. District.
14.Reddy Chamundeswari Durga Prasad,
S/o.Venkata Ramana, Hindu,
Door No.18-8-7/1, Jayaram Theatre Road,
Rajamahendravaram, East Godavari District.
15.Grandhi Latchanna, S/o.Bapanayya,
Hindu, Business, Door No.9-83/1,
Gollaprolu-533450,
E.G. District. ... Respondents
Counsel for the petitioner : Mr. K. Harinarayana.
Counsel for the respondents
nos.1 and 2 : Mr. G. L. Nageswara Rao,
Learned Govt. Pleader,
Commercial Taxes
Counsel for the respondents
nos.3 to 15 : ----
ORAL JUDGMENT
Date: 10.12.2021
(Per Hon'ble Mr. Justice Ahsanuddin Amanullah)
Heard Mr. Harinarayana K., learned counsel for the
petitioner and Mr. G. L. Nageswara Rao, learned Government
Pleader, Revenue, for the respondents no.1 and 2.
2. The petitioner has moved the Court seeking a direction to
the respondent no.2 to register the sale deed with regard to the
property in question in favour of the auction purchasers
(respondents no.7, 8 and 9).
3. Learned counsel for the petitioner submitted that the
property in question which was sold in auction to the respondents
no.7, 8 and 9, was secured asset and sale certificate was also
issued in their favour on 01.04.2021. Learned counsel submitted
that it had also addressed a letter to respondent no.2 on
15.07.2021 for instructions with regard to registration of the
document, which has been refused on the ground that property is
subject matter of an attachment order by the civil Court and in the
prohibited list. Learned counsel for the petitioner submitted that
the Courts have settled the issue that an attachment order would
not come in the way of the authority registering the sale certificate
for a property which has been sold under the provisions of the
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
4. At this stage, learned Government Pleader submitted that he
has filed counter affidavit on behalf of respondent no.2 in which it
has been stated that the petitioner had only sought information
about registration of the subject property but no sale certificate
was presented. However, it has further been stated that if the
petitioner presents the document before the respondent no.2, he
will receive the document and process the same as per the Indian
Registration Act, 1908 (for short, the 'Registration Act') and Indian
Stamp Act, 1899 (for short, the 'Stamp Act').
5. Having regard to the aforesaid, the Writ Petition stands
disposed of with liberty to the petitioner to present the document
in terms of the Registration Act and Stamp Act within three (3)
weeks from today. Upon the same being done, the respondent no.2
shall take necessary steps in accordance with law within two (2)
weeks from the date of submission of the document before him. No
order as to costs.
6. Miscellaneous Applications, if any pending also stand
disposed of.
_______________________________
(AHSANUDDIN AMANULLAH,J)
_____________________________
(Dr. K. MANMADHA RAO,J)
Dsh
