Andhra Pradesh High Court - Amravati
M/S 4S Spintex India Private Ltd., vs The State Of Andhra Pradesh, on 21 January, 2021
Bench: M.Ganga Rao
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI":
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(SPECIAL ORIGINAL JURISDICTION) yo
THURSDAY, THE TWENTY FIRST DAY OF JANUARY Ok
TWO THOUSAND AND TWENTY ONE oo
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO
WRIT PETITION NO: 18107 OF 2020
Between:
1. M/s 4S Spintex India Private Ltd., 6-57/8, Beside Andhra Bank, Hyderabad Road,
Jaggaiahpeta, Krishna District Rep. by its Managing Director, Kota Purushottam,
S/o Kotaiah.
2. M/s. Sri Satya Sai Dall Groudnut Oil and Flour Mill, Rep. by it's Managing
Partner, Kota Purushottam, S/o Kotaiah, Aged about 59 years, R/o 6-57/8,
Jaggaiahpeta, Krishna District.
3. Kota Putrushottam, S/o Kotaiah, Aged about 59 years, R/o 6-57/8, Jaggaiahpeta,
Krishna District.
4. Kota Rama Devi, W/o Purushottam, Aged about 55 years, R/o 6-57/8,
Jaggaiahpeta, Krishna District.
5. Kota Vani, W/o Ashok Kumar, Aged about 29 years, R/o 6-97/8, Jaggaiahpeta,
Krishna District.
6. Kota Ashok Kumar, S/o Kotaiah, Aged about 37 years, R/o 6-57/8, Jaggaiahpeta,
Krishna District.
7. Devarapalli Chalapathi Rao, S/o Venkata Mastan Rao, Aged about 49 years, R/o
3-28-18/48, 4" line, Brindavan Gardens, Guntur.
8. Devarapalli Veera Venkata Satyanarayana, S/o Venkata Mastan Rao, Aged
about 51 years, R/o 5-77-5, Pandaripuram, 5'" Line, Guntur, Guntur District.
9. Kumcham Anantha Lakshmi, W/o Sai Babu, Hindu, aged about 65 years, R/o 12-
19, Akula vari veedhi, Jaggiahpeta, Krishna district.
...Petitioners
-AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue),
Secretariat buildings, Velagapudi, Amaravathi.
The District Collector, Krishna at Machilipatnam.
The Tahsildar, Jaggaiahpeta Mandalam, Krishna District.
The Sub Registrar, Jaggaiahpeta Mandalam, Krishna District.
RON
.. .Respondents
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 Writ of Mandamus or any other appropriate Writ, Order or direction to declare the
action of respondents in including petitioners 2 to 9 property, i) Vacant land
admeasuring 193.6 sq. yards in R. S. No. 259/4 ii) Vacant land admeasuring 350 sq.
yards together with structures in R. S. No. 259/4 iii) M/s Sri Satya Sai Dall Groundnut
Oil and Flour mill, bearing D. No. 11-399 constructed in an extent of 250 sq. yards in R.
S. No. 259 and iv) Vacant house site admeasuring 980 sq. yards in 259 Mittagudem,
Jaggaiah pet, Krishna District in prohibited property register maintained under section
22-A of Registration Act, 1908 as Amended by AP Act 19 of 2007, as illegal, arbitrary,
non-application of mind and amounts to illegal exercise of statutory power conferred
and outside the purview of provisions of POT Act, 1977 as also contrary to Articles 14,
19 and 300-A of Constitutional of India, and consequently, command the respondents to
delete the land from the prohibited property list forthwith in the interest of justice and in
the circumstances of the case.
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
respondents to receive and register the document of Deposit of Title Deed with
necessary No Objection Certificate (NOC) to create enhanced security on petitioners
property, i) Vacant land admeasuring 193.6 sq. yards in R. S. No. 259/4; ii) Vacant land
admeasuring 350 sq. yards together with structures in R. S. No. 259/4: iii) M/s Sri Satya
Sai Dall Groundnut Oil and Flour mill, bearing D. No. 11-399 constructed in an extent of
250 sq. yards in R. S. No. 259: and iv) Vacant house site admeasuring 980 sq. yards in
259 Mittagudem, Jaggaiah pet, Krishna District without reference to the prohibited
_ property list forthwith in the interest of justice and in the circumstances of the case.,
pending disposal of WP 48107 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and the Order of the High Court, 15.10.2020 and 15.12.2020
dated upon hearing the arguments of Sri P Rajasekhar, Advocate for the Petitioners and
of GP for Revenue for Respondent Nos.1 to 3, GP for Registration And Stamps, for the
Respondent No.4 and the Court made the following.
ORDER:
"The Case of the petitioners is that the 1° petitioner had availed a term loan
of Rs. 2.26 Crores from Canara Bank by creating equitable mortgage of four
properties i.e 1) Vacant land admeasuring 193.6 Sq.yds in R.S.No.259/4; 2) vacant
land admeasuring 350 sq.yds together with structures in R.S.No.259/4; 3) M/s Sri
Satya Sai Dall Groundnut Oil and Flour Mill, D.No.11-399 constructed to an extent
of 250 Sq.yds in R.S.No.259 and 4) Vacant house site admeasuring 980 Sq.yds in
259 situated in Mittagudem, Jaggaiahpet, Krishna District. A Registered
document of deposit of title deed was executed by the petitioners in that regard
vide document No.1912 of 2015, dated 26.03.2015. In view of the Government of
India's new scheme introduced during Covid-19 crisis, the petitioners are eligible
for pre-approved loan in the form of enhanced additional loan facilities. In
furtherance of the said scheme, the banker of the 1° petitioner was pleased to
enhance the limit sanctioned for Rs. 900 lakhs to the 1° petitioner company in
addition to the loan facility already sanctioned, subject to the condition of
continuing the securities, which were already given. As the petitioner has to
submit "No Objection Certificate" issued by the respondents to the bank, a
request was made in this regard. However, the petitioners were informed that the
subject matter property is placed in the prohibited properties list. Aggrieved by
the same, the present Writ Petition is filed.
Learned counsel for petitioners submit that in so far as the land in
R.S.No.259 is concerned it was assigned on payment of market value by the 3"
respondent on 03.04.1992 and subsequently patta was issued in respect of the
land in favour of the 6 petitioner and the land in Sy.No.259/4 to an extent of Ac.
0.12 cents was assigned on payment of market value on 10.12.1983 to the vendor
of the petitioners 3 and 6.
He further submits that the land was assigned on payment of market value,
the petitioners are entitled to deal with the same in their own right. According to
the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers)
Amendment Act, 2019 (for Short 'POT Act') as the land was assigned on payment
of market value two decades ago. The landed property has already been
mortgaged to the bank by depositing the title deeds through the Registered
document dated 26.03.2015, the respondents are not justified in not issuing NOC
and placing the petitioners landed property in the prohibited property list
maintained under the provisions of Registration Act, is illegal and arbitrary and
contrary to the provisions of the Registration Act.
Learned Counsel for the Petitioners further submit that the 4°" respondent
is refusing to receive and register the document, inspite of an interim order of
this Court dated 15.10.2020 in this W.P.No.18107 of 2020/directing the 4"
respondent to receive and register the document of deposit of title deeds stating
that unless the petitioners landed property is deleted from the prohibited property
list, the document could not be registered. If the petitioners landed property is
not deleted from the prohibited property list and the document is not registered,
the petitioners will be put to irreparable loss and injury. |
Learned counsel for the petitioners further submit that the action of the
respondents in including the petitioners landed property in the prohibited
property list and refusing to receive and register the mortgage ee is illegal and
arbitrary. In support of his contentions he placed reliance in this case of Parvant
Nagar, Hyderabad Vs. Collector and District Magistrate, R.R. District (2008(5)-ALT-
313), wherein, it is held that the provisions of Act No. 9 of 1977 are not applicable
to the lands, which were assigned on payment of market value and also refers to
the Judgment in Raavi Satish Vs. State of Andhra Pradesh (2012-SCC Online AP
856: 2013(1) ALT 774). |
In view of the urgency of the matter, the learned counsel |for the petitioners
prays this Court, to issue a direction to the 2"! respondent to consider the petitioners
representation dated 22.09.2020 as per law and delete the petitioners landed property
from the prohibited property list with a direction to the 4" respondent to receive,
register and release the document submitted by the petitioners.
Learned Assistant Government Pleader for Registration and Stamps states
that the sufficient time may be granted to consider the petitioners representation.
Having regard to the facts and circumstances of the case, considering the
submissions of the learned counsel for petitioners and perused the record, this Court
prima facie satisfied that the petitioners have shown sufficient cause for grant of
interim order.
Accordingly, the 2™ respondent is directed to consider the petitioners
representation dated 22.09.2020 submitted for deletion of their apes property from
the prohibited property list as per law and pass appropriate order of deletion and
communicate the same to the 4" respondent as expeditiously as possible, within a
period of four (04) weeks from the date of a receipt of a copy of this order. On
communication of the order. of the 2"! respondent, the 4" respondent/ Sub Registrar
is directed to receive the document presented by the petitioners, register and release
the document as per law, within a period of one week thereafter.
Post on 25.02.2021."
Sd/- G.SRINIVAS REDDY
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ITTRUE COPYI/ at ou
ION OFFICER
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The Principal Secretary (Revenue), State of Andhra Pradesh, Secretariat
buildings, Velagapudi, Amaravathi.
The District Collector, Krishna at Machilipatnam.
The Tahsildar, Jaggaiahpeta Mandalam, Krishna District.
The Sub Registrar, Jaggaiahpeta Mandalam, Krishna District. (1 to 4 by RPAD)
One CC to Sri. P Rajasekhar, Advocate [OPUC]
Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT]
Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
. One spare copy.
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HIGH COURT
MGR,J
DATED:21/01/2021
POST ON 25.02.2021
ORDER
WP.No.18107 of 2020
INTERIM DIRECTION
