Khaza Rahamthulla vs The State Of Andhra Pradesh
2021 Latest Caselaw 228 AP

          THE HON'BLE SRI JUSTICE M. GANGA RAO

                WRIT PETITION No.411 OF 2021

ORDER:-

     This Writ Petition is filed seeking the following relief/s:

     "..to issue Writ of Certiorari calling for the records relating
     to the Notification under Section 21-A(1)(e) of the
     Registration Act, 1908, issued through the G.O.Ms.No.200
     Revenue (ASSN.I) Department, dated 05.05.2016 by the
     respondent No.1 prohibiting the registration of the land in

an extent of Ac.4.05 cents in Sy.No.11 of Rangasamudhram Village fields, Porumamilla Mandal, Y.S.R. District, belong to the petitioner, without there being any reason whatsoever and full descriptive particulars of the same as arbitrary, illegal, colorable exercise of power, contrary to the provisions of Section 22-A(1)(e) and 22-A(2) of the Registration Act, 1908 and the guidelines framed through G.O.Ms.No.1248, Revenue (Reg.I) Department, dated 26.09.2007 and the settled principles of legal position laid down by this Court in the case of Sub-Registrar, Srikalahasthi v. K. Guravaiah reported in 2009(2) ALD 250 apart from being violative of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 & 300A of the Constitution of India and consequently set aside the same insofar as it relates to the above land."

2. The case of the petitioner is that he purchased the subject

land from one Ambavaram Chenna Reddy, under a registered sale

deed, dated 10.03.2011 vide document No.566/2011. Chenna

Reddy purchased the property in an auction held in

E.P.No.1849/93-94 dated 07.05.1997. Initially when the 6th

respondent herein refused to entertain the sale deed presented by

Chenna Reddy in respect of the subject land, Chenna Reddy filed

W.P.No.31233 of 2010. As the issue involved in the said writ

petition was squarely covered by the Division Bench judgment of

this Court in Sub-Registrar, Srikalahasti, Chittoor District v.

K. Guravaiah [2009(2) ALD 250], wherein it was held that the

provisions of Section 5 of the A.P Assigned Lands (Prohibition of

Transfers) Act, 1977, has no application to the assigned lands,

which were sold in public auction, for realization of the loan

amount due to the co-operative societies and banks, the writ

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petition is allowed. Thereafter, the sale deed was registered in

favour of the petitioner. Now, for the personal necessities of the

petitioner, he intended to sell the property. But the 5th respondent

is again refusing to receive and register the document stating that

the subject land is included in the prohibitory lands

communicated by the 1st respondent through G.O.Ms.No.200,

dated 05.05.2016. Assailing the illegal and arbitrary action of the

respondents, this Writ Petition came to be filed.

3. Heard learned counsel for petitioner and learned

Government Pleader appearing for the respondents. Both the

counsel agreed to advance the arguments in the Writ Petition at

the admission stage as the issue involved in this Writ Petition is

squarely covered by the earlier order of this court.

4. Learned counsel for the petitioner submits that the action of

the respondents is contrary to the orders of the Division Bench of

the erstwhile High Court of A.P in Sub Registrar, Srikalahasti,

Chittoor District Vs. K. Guravaiah1 and contends that the lands

which were assigned by the State can be mortgaged in favour of

Primary Agriculture Co-Operative Society, and if the mortgagor

commits default in payment of the loan amount, the said lands can

be sold for recovery of the same, and that such a sale is valid in

law. He contends that once there is a sale of the land in an

execution proceeding in favour of the auction purchaser, from

whom the petitioner purchased the properties and sale certificate

was also issued in favour of the auction purchaser, thereafter the

2009(2) ALD 250 (DB)

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lands ceased the character of assigned land and the auction

purchaser and the purchasers from the auction purchaser would

get the valid title to the properties.

5. In K. Guravaiah's case referred supra, this Court held that

when the original assignee mortgaged the land assigned to him in

favour of the Bank or a financial institution or Co-operative Society

under A.P. Co-Operative Societies Act, 1964 and if the money is

not paid, the consequences provided in the Transfer of Property

Act, 1982 would naturally follow; that it is permissible to put the

said land to public auction under the said Act 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 A.P.

Assigned Lands (Prohibition of Transfers) Act, 1977, mortgage in

favour of a bank or a Co-operative Society does not amount to

alienation.

6. Following the said decision in K. Guravaiah's case, the Writ

Petition is disposed of with a direction to the 6th respondent to

receive the document presented by the petitioner in respect of the

land admeasuring Ac.4.05 cents situated in Sy.No.11 of

Rangasamudram Village fields, Porumamilla Mandal, Y.S.R.

District, process the same for registration, register if it is otherwise

in accordance with the provisions of the Registration Act and the

Rules made thereunder and release the same to the petitioner as

per law, without reference to the prohibited lands list

communicated vide G.O.Ms.No.200, dated 05.05.2016. The above

exercise shall be completed within a period of two (02) weeks from

MGR,J WP_411_2021

the date of submission of the document by the petitioner. No order

as to costs.

As a sequel, miscellaneous applications pending, if any, shall

also stand closed.

__________________________ JUSTICE M. GANGA RAO 20.01.2021 Vjl