HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.40218 of 2015
ORDER:
The present Writ Petition came to be filed under Article 226 of the
Constitution of India seeking the following relief:-
"to issue a Writ or Order more in the nature of Mandamus or Directions declaring the proceedings vide Rc.No Reeling Complex, Hindupur/2015-16, Dt.26.10.2015 issued by the 3rd respondent in addressing letter to the 6th respondent is illegal and arbitrary and contrary to the provisions of Sec 5 and 6 of AP Assigned Land Prohibition of Transfers Act,1977 and consequently set aside the same ...."
The brief facts which lead to filing of the present Writ Petition are that
the subject land in survey No.448 to an extent of Ac.5.12 cents at Hindupur
Village and Mandal, Anantapur District was mortgaged by one B.S.Nanjappa
S/o. Subbanna in favour of Business Manager, Agriculture Development
Bank Limited, Hindupur while availing the loan. As BS Nanjappa failed to
repay the loan amount the Co-operative Sub-Registrar/Sale Officer,
Agriculture Development Bank, Penukonda has initiated steps for realization
of the amount and Award was passed against the defaulter in
E.P.No.196/1976-77. The mother of the petitioner purchased the subject
land under the auction conducted by Co-operative Society in
E.P.No.196/1976-77 and the certificate was also issued under Sub-Rule
10(v) of Co-operative Society Rules, 1932. Since the date of purchase, the
mother of the petitioner is in possession and enjoyment of the subject land
and subsequently the mother of the petitioner executed GPA vide Document 2
No.87/1989 in respect of the subject property. In pursuant to the GPA, the
petitioner obtained an approved layout from the concerned Grama
Panchayath and laid approved layout as a plot wise basis and most of the
plots have been sold after following necessary procedure since the subject
land is not prohibited from alienation.
While the things stood thus, when the petitioner is trying to alienate
the remaining portion of the above subject land, the 3rd respondent
furnished the impugned proceedings dated 26.10.2015 to the 6th respondent
by stating as follows:
that „the District Collector has handed over an extent of Ac.5.12 cents in survey No.448/4 of Hindupur Part-I through MRO, Hindupur for establishment of Reeling complex, selection and approval of entrepreneurs are under progress. The land was exclusively allotted for the purpose of establishment of Reeling complex and at present the land belongs to Department of Sericulture, Hindupur. It has come to our notice that some people are trying to register this land in their name. Hence, I request the Sub-Registrar, Hindupur to kindly not to entertain any person to claim this land and not to get registered under any circumstances, as the land belongs to the Department of Sericulture, Hindupur. ,
Basing on the above impugned proceedings, the 6th respondent is refusing to
receive and register the document presented by the petitioner. Hence, the
Writ Petition.
Heard Sri.Katta Sambasiva Rao, learned counsel, representing
Sri.N.Aswartha Narayana, learned counsel for the petitioner and learned
Assistant Government Pleader for Revenue.
At the time of hearing, the learned counsel for petitioner reiterated his
contentions in the petition and has drawn the attention of this Court to the
orders of this Court passed in W.A.No.950 of 2007 dated 13.12.2008, 3
wherein in the similar circumstances of this Court, the Writ Appeal
preferred by the respondents-Registration authorities was dismissed by
confirming the Orders of this Court in W.P.No.14750 of 2007.
On perusal of the Order of W.A.No.950 of 2007 dated 13.12.2008, this
Court observed as follows:
„It was open to the original assignees of the land to mortgage the land to the bank by virtue of the definition of Section 2(1). If the mortgage in favour of the bank was not alienation, there was no restriction with regard to mortgaging the assigned land in favour of the bank As the mortgage money was not repaid to the bank, the bank sold the land after following due process of law and thereby the petitioner became a lawful owner of the land in question. In view of the above fact, provisions of Section 5 would not operate because the prohibition is on registration of any document relating to transfer or creation of any interest in assigned land. In pursuance of which the land had been purchased by the petitioner was valid and not contrary to the provisions of the Assigned Lands Act.
Further, in the appeal, the Division Bench also mentioned the
observations of the learned Single Judge in W.P.No. 14750 of 2007 as
follows:
'Considered the provisions of the Assigned Lands Act, particularly Section 6 and held that once the mortgage of assigned land in favour of a co-operative society is exempted, the other consequential steps taken for foreclosure of the same also stand exempted and that if an assigned land is put to sale in pursuance of a mortgage, it loses its character of assigned land and the exemption available under Section 6 continues to the purchaser in a sale by the society or financial institutions‟.
By observing so, the Writ appeal preferred by the respondents-
Registration authorities was dismissed as follows:
„The learned single Judge was justified in allowing the petition by directing respondent No.1 to register the sale deed in accordance with law as Section 5 of the Act would not come in way of the parties in the matter of registration of the document‟ 4
In view of the above and in view of the judgment of Division Bench of
this Court in W.A.No. 950 of 2007 dated 13.12.2008, this Court deems it
appropriate to set aside the proceedings vide Rc.No.Reeling Complex
Hindupur/2015-2016, dated 26.10.2015 and to direct the 6th respondent to
receive and process the document/s submitted by the petitioner as per the
provisions of Section 71 of the Act with regard to subject land.
With the above directions, the Writ Petition is disposed of. There shall
be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall also
stand closed.
_______________________ JUSTICE V.SUJATHA
Date : 01.12.2022 AVTP 5
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HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.40218 of 2015
Date : 01.12.2022
AVTP
