State Of Andhra Pradesh vs .K.Satheeshkumar
2021 Latest Caselaw 3930 AP

Citation : 2021 Latest Caselaw 3930 AP
Judgement Date : 5 October, 2021

Andhra Pradesh High Court - Amravati

State Of Andhra Pradesh vs .K.Satheeshkumar on 5 October, 2021

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                       &
            HON'BLE MR. JUSTICE NINALA JAYASURYA

                    WRIT APPEAL No.577 of 2021

                       (Through video conferencing)



State of Andhra Pradesh,
Rep. by its Prl. Secretary,
Revenue Department,
Secretariat Buildings, Velagapudi,
Amaravathi,
Guntur District and others
                                                              ... Appellants

                                     Versus

K.Satheesh Kumar,
S/o.K.Ramachandra Reddy,
Aged about 45 years, Occ: Contractor,
R/o.2310, Raghavendra Nagar,
Chittoor Road, Piler Mandal,
Chittoor District.                                            ... Respondent


Counsel for the Appellants              :     G.P. for Assignment

Counsel for the respondent              :     Suresh Kumar Reddy Kalava


                             JUDGMENT (ORAL)

Dt: 05.10.2021

(per Arup Kumar Goswami, CJ)

This Writ Appeal is presented against the order dated 02.12.2020

passed by the learned single Judge in W.P.No.21172 of 2020 wherein it

was observed as follows:

"5. ................. In the said Judgment, 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 HCJ & NJS,J

Societies Act,1964 and if the loan is not repaid, the consequences provided in the Transfer of Property Act, 1882 would naturally follow; that it is permissible to put the said land to public auction 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 Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, mortgage in favour of a bank or a Co-operative Society does not amount to alienation.

6. In view of the above discussion, the Writ Petition is disposed of with a direction to the respondents to delete the petitioner's land an extent of Ac.3.62 cents situated in Sy.No.42-B3 of Piler Revenue Village from the prohibited property list issued by the Revenue Authorities under Section 22-A of the Registration Act,1908 within four (04) weeks from the date of receipt of a copy of this order and communicate the same to the 5th respondent. Independently, the petitioner shall submit the sale deed for registration before the 5th respondent. The 5th respondent shall receive the sale document and process the same for registration strictly in accordance with the provisions of Stamp Act, 1899 and Registration Act, 1908, without reference to the prohibited property list maintained under Section 22-A of the Registration Act, 1908 and release the same as per law. The above exercise shall be completed within a period of two (02) weeks from the date of submission of the document by the petitioner."

2. Mr. G. L. Nageswara Rao, learned Government Pleader appearing for

the appellants, submits that essentially the appeal is preferred on the

ground that there is no provision for auction of the assigned land beyond

18.06.1999 in view of G.O.Ms.No.255, Food and Agriculture (Co-Op.IV)

Department, dated 19.06.1997 and in the instant case, auction was held

on 31.05.2007. He further submits that the said issue had fallen for

consideration before the Hon'ble Supreme Court in SLP.No.6709 of 2019

filed by the State. The said SLP was dismissed on 05.03.2019 and the HCJ & NJS,J

Review Petition (C) No.1106 of 2019 was also dismissed on 10.07.2019,

and therefore, the writ appeal has to be dismissed.

3. Mr. Suresh Kumar Reddy Kalava, learned counsel appearing for the

writ petitioner, has also endorsed the above submission.