Andhra Pradesh High Court - Amravati
V. Guruprathap Kumar Reddy vs The State Of Andhra Pradesh on 24 November, 2021
HIGH COUR1T OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: W.P.No.26074 of 2021
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24.11.2021 DVSS, J
I.A.No.1 of 2021
Heard learned counsel for the petitioner.
Learned Government Pleader again seeks
time to file counter.
On 11.11.2021 an order was passed that if
instructions are not obtained, the Court will
have to hear the petitioner.
The petitioner in this case wishes to lease
his property to the State Bank of India. He is
the successful tenderer in a public auction
and the State Bank of India agreed to take the
said building on lease.
The respondents had objected to the
registration of the lease stating that the
property was included under section 22-A of
the Registration Act. The chronology and flow
of title shows that the property was originally
mortgaged to the Kadapa District Cooperative
Central Bank Ltd. When the borrower
defaulted in the payment of loan, the property
was auctioned in E.P.No.804/06-07. The
successful purchaser is one R.Nageswara Rao,
who has sold the property and ultimately the
petitioner's vendor acquired part of the
property. A building was also constructed
after obtaining permission from the
authorities.
The legal issue raised about the property is
about mortgage of property, which is
characterised as assigned land, once it is sold
in a public auction. Once it is sold in an
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auction after the mortgage, it is submitted that
it is no longer "assigned land".
Learned counsel for the petitioner relies
upon the judgment of the Division Bench
reported in Sub Registrar, Srikalahasthi v.
K.Guravaiah and another (2009 (3) ALT 85).
After perusing the facts and the law on the
subject, including the judgment of the Hon'ble
Supreme Court of India in Civil Appeal
No.4019 of 2018, this Court is of the opinion
that there can be a direction to the 6th
respondent to register the lease deed that is
presented by the petitioner. The respondent is
directed to give a provisional registration to the
said lease deed. It is also clarified that the
registration shall be subject to the final result
of the writ petition that is now pending in the
high Court.
In line with the judgment of the Hon'ble
Supreme Court, the petitioners shall not be
entitled to claim any additional equity. They
cannot either transfer the property further
without obtaining an order from the Court.
With these directions, this application is
allowed. The 6th respondent shall provisionally
register the document if the same is otherwise
in order. The entire process should be
completed within a period of four (4) weeks
from the date of receipt of a copy of this order.
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DVSS,J
WP.No.26074 of 2021
List on 29.12.2021 for counter.
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DVSS,J
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KLP
