Andhra Pradesh High Court - Amravati

State Bank Of India vs The State Of Andhra Pradesh, on 24 December, 2021

[SHOW CAUSE NOTICE BEFORE ADMISSION]

[3295 ]

IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI
(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY ONE

:PRESENT:

   

THE HONOURABLE SRI JUSTICE AHSANUDDIN AMANULLAH .
AND
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 27281 OF 2021
Between:
State Bank Of India, Represented by its Authorised Officer, RASMEC&SARC,
Rajamahendravaram, Sri.Patcherla Venkata Papa Rao, S/o.P.Venkata Appa Rao, Aged
58 Years.
Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary,
Revenue(Registration) Department, Secretariat, Velagapudi, Guntur District.
2. The District-Registrar, Rajnmundry, East Godavari District.
3. Joint Sub-Registrar-], Stamps and Registration Department,
Rajamahendravaram, East Godavari District-PIN.533103
4. Sri Boda Ramanarayana, S/o.Veerabhadra Rao, Aged about 50 Years, Occ.
Business, R/o.D.No.23-11-2/1, Sriram Nagar, Rajamahendravaram, East
Godavari District, PIN.533103
5. Sri. Tatini Sai Krishna, S/o. Sri.Rama Rao, D.No.23-11-6/6, Opp. Sai Abhaya
Enclave, LB.Sastry Road, Sriramnagar, Rajhmundry. East Godavari District, PIN.
533101
6. Sri.Tadi.Nagireddy, S/o.Late. Rama Reddy, Aged 60 Years, Occ. Business,
R/o.Flat No-201, D.No.72-2-50, Babanagar, AVA Road Rajhmundry, East
Godavari District.,P1N.533101.
Respondents

WHEREAS'_ the Petitioner above named _ through its Advocate SRI.S.SATYANARAYANA MOORTHY presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly in the nature of writ of Mandamus or any Appropriate Writ by declaring the action of the Respondent No-2 and 3, in including the house property bearing Door No.23-11-6/6 in R.S.No.37/1, Plot No.1, Ward No.10, Ramakrishnaraopeta, Sriram Nagar, Rajahmundry, admeasuring 214 Sq.Yards of land in the list of prohibited properties of Rajahnnindry under Sec. 22A of Indian Registration Act, pursuant to the attachment order dt.22.01.2018 in IA No.1667/2017 in O.S.No.185/2017 passed by the Hon'ble Family Court cum IX Addi. District Judge, Rajamahendravaram as stated in his 3rd Respondent letter dated 19.06.2018 and further refusing vide letter dt.19.06.2018 and 24-04-2019 by the respondents refusing to register the Certificate of Sale dated 18.04.2018 issued by the writ petitioner as a secured creditor under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002 relating to the said property in favour of Sri Boda Ramanarayana(Fourth Respondent),-who purchased in auction on 29.03.2018 by Petitioner Bank under SARFAESI Act is arbitrary illegal and contrary to law and in violation of Section 22A of Registration Act and consequently, direct the 3 respondent to register the said sale certificate dt. 18.04.2018 in favour of Boda Rama Narayana(Fourth Respondent);

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRILS.SATYANARAYANA MOORTHY Advocate for the Petitioner and of learned GP for Stamps & Registration for Respondent Nos.1 to 3, directed issue of notice to the Respondent Nos.4 to 6 herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. Sri Boda Ramanarayana, S/o.Veerabhadra Rao, R/o.D.No.23-11-2/1, Sriram Nagar, Rajamahendravaram, East Godavari District, PIN.533103

2. Sri. Tatini Sai Krishna, S/o. Sri.Rama Rao, D.No.23-11-6/6, Opp. Sai Abhaya Enclave, LB.Sastry Road, Sriramnagar, Rajhmundry. East Godavari District, PIN. 533101

3. Sri.Tadi.Nagireddy, S/o.Late. Rama Reddy, R/o.Flat No-201, D.No.72-2-50, Babanagar, AVA Road Rajhmundry, East Godavari District.,P1N.533101

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 28.12.2021, on which date the case stands posted for hearing.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the Second and Third Respondents to Register the Sale Certificate dated 18-04-2018, Presented by the Petitioner Bank in favor of Fourth Respondent, for the property in i.e house property bearing Door No.23-11-6/6 in R.S.No.37/1, Plot No.1, Ward No.10, Ramakrishnaraopeta, Sriram Nagar, Rajahmundry, admeasuring 214 Sq.Yards, pending disposal of WP 27281 of 2021, on the file of the High Court.

THE COURT MADE THE FOLLOWING ORDER:

(per Hon'ble Mr.Justice Ahsanuddin Amanullah)

Heard Mr.S.Satyanarayana Moorthy, learned counsel for the petitioner and Mr.G.L.Nageswara Rao, learned Government Pleader, Stamps and Registration, for the respondents no.1, 2 and 3.

2. The petitioner-State Bank of India is aggrieved by the refusal of the respondent no.3 to register the sale in respect of the property in question on the ground that it was subject matter of order prohibiting such transfer by the attachment order passed by the Family Court-cum-IX Additional District Judge, Rajamahendravarm on 1.A.No.1667 of 2017 in O.S.No.185 of 2017.

3. Learned counsel for the petitioner submitted that being a secured creditor for a loan taken by the respondent no.5 in which the property in question was mortgaged to it, for recovery of the outstanding dues, auction sale was held in which the respondent no.4 was the purchaser. It was submitted that the respondent no.4 having deposited the entire consideration amount is required to be given the property and sale deed in his favour is to be executed by the petitioner but on presentation of the document the same has been refused to be

registered by the respondent no.3 on the ground of order of attachment by the

Court concerned. It was submitted that the said stand is erroneous and unsustainable in the eyes of law. It was contended that the attachment order only restricts a person against whom it is passed from selling, giving or otherwise transferring or charging the property but is not a bar on any third person including the petitioner, who holds first charge on the property, from dealing with the said property which is mortgaged, in accordance with law. It was submitted that the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the 'SARFAESI Act') authorizes the petitioner for such action and such charge on the property is to be considered as the first charge and the petitioner is entitled to execute the sale deed pursuant to

the terms of the auction being fulfilled by the auction purchaser.

4. In support of such contention, learned counsel relied upon the judgment and order dated 06.02.2019 in Writ Petition No.29922 of 2018 (State Bank of India vs. State of Andhra Pradesh and others) passed by a learned single Judge in which such action has been interfered with and a direction has been issued to the registering authority to receive and process the document which may be presented by the Bank for registration and do the needful, in strict

accordance with the procedure established by law, within a period of two weeks.

5. Issue notice to the respondents No.4, 5 and 6.

6. Learned counsel for the petitioner is also permitted to effect personal notice on the respondents no.4, 5 and 6 and file proof of service within three (3) weeks.

7. The matter be listed on 28.12.2021. - Sd/- M. SRINIVAS | ASSISATNT REGISTRAR

[TRUE COPY!/ | SECTION' FFICER To, | _

4. The Principal secretary, Revenue(Registration) Department, State of Andhra

Pradesh, Secretariat, Velagapudi, Guntur District.

The District-Registrar, Rajhmundry, East Godavari District.

Joint Sub-Registrar-|, Stamps and Registration Department,

Rajamahendravaram, East Godavari District-PIN.533103

4. Sri Boda Ramanarayana, S/o.Veerabhadra Rao, R/o.D.No.23-11-2/1, Sriram Nagar, Rajamahendravaram, East Godavari District, PIN.533103

5. Sri. Tatini Sai Krishna, S/o. Sri.Rama Rao, D.No.23-11-6/6, Opp. Sai Abhaya Enclave, LB.Sastry Road, Sriramnagar, Rajhmundry. East Godavari District, PIN. 533101

6. Sri.Tadi.Nagireddy, S/o.Late. Rama Reddy, RJo.Flat No-201, D.No.72-2-50, Babanagar, AVA Road Rajhmundry, East Godavari District.,P1N.533101. (1 to 6

by RPAD along with a copy of petition and affidavit)

One CC to SRI.S.SATYANARAYANA MOORTHY Advocate [OPUC]

Two CCs to GP for Stamps & Registration, High Court Of Andhra Pradesh.

[OUT]

9. Two spare copies

SRL

HIGH COURT

AAJ & BKMJ

DATED:24/11/2021

NOTE: THE MATTER BE LISTED ON 28.12.2021

NOTICE BEFORE ADMISSION

WP.No.27281 of 2021