Smt.Konkala Amaravathi and 3 Others. Vs. the Sub-registrar, Madanapalle, Chittoor - Court Judgment

SooperKanoon Citationsooperkanoon.com/1029915
CourtAndhra Pradesh High Court
Decided OnNov-19-2012
JudgeThe Hon'ble Sri Justice C.V.Nagarjuna Reddy
AppellantSmt.Konkala Amaravathi and 3 Others.
RespondentThe Sub-registrar, Madanapalle, Chittoor
Excerpt:
the hon'ble sri justice c.v.nagarjuna reddy writ petition no.35570 o”19. 11.2012 smt.konkala amaravathi and 3 others. the sub-registrar, madanapalle, chittoor district and another ^counsel for the petitioners: mr.nandigama krishna rao !counsel for the respondents: agp for revenue : ?cases referred: order: this writ petition is filed for a mandamus to declare the action of respondent no.1 in not entertaining the sale deeds submitted by the petitioners for registration in respect of land admeasuring ac.1-87 cents in survey no.673/4 at kollabailu village, madanapalle mandal, chittoor district, as illegal and arbitrary. the petitioners purchased different parcels of properties forming part of the abovementioned land from one k.krishna reddy. a perusal of the record shows that the said k.krishna reddy has purchased the same in a public auction held by the special category deputy registrar-cum-officer on special duty, chittoor district co-operative central bank limited, chittoor, vide sale certificate, dated 05-02-2007, and registered sale deed, dated 08-02-2007. when respondent no.2 sought to interfere with the possession of the petitioners' vendor, the latter has filed os.no.132 of 2008 in the court of the learned principal junior civil judge, madanapalle, for permanent injunction. after a full-fledged trial, the learned principal junior civil judge, decreed the said suit on 29-02-2012. a perusal of the judgment in the said suit would show that the same is supported by well-perceived reasoning. the civil court has considered the effect of the provisions of sections 2 (1), 3 and 6 of the a.p. assigned lands [prohibition of transfers] act, 1977 (for short 'act 9 of 1977') and opined that since the land in question, which, admittedly, was assigned land, was auctioned by a co-operative society for recovery of the loans advanced to the assignee, its sale is protected by the provisions of section 6 of act 9 of 1977. on a thorough analysis of the facts and law, the civil court has decreed the suit for permanent injunction against respondent no.2. despite the said judgment, respondent no.2 appeared to have written to respondent no.1 that the land in question is an assigned one. on the basis of the said communication, respondent no.1 has refused to receive the sale deeds sought to be presented by the petitioners. once the assigned land is sold in auction for recovery of the debt from the assignee by a co-operative society, the same is exempted from the provisions of act 9 of 1977. this court in w.p..no.6758 of 2009, disposed of on 01-04- 2009, placed reliance on a division bench judgment of this court in wa.no.950 of 2007 and held that once an assigned land is mortgaged in favour of a society, its character undergoes a change and that the prohibition contained under section 3 of act 9 of 1977 ceases to operate qua the said land. in view of these authoritative pronouncements of this court and the judgment and decree passed in favour of the petitioners' vendor against respondent no.2, it lies ill in the mouth of respondent no.2 to treat the land in question as an assigned land. consequently, the action of respondent no.1 in not entertaining the sale deeds sought to be presented by the petitioners for registration in respect of the said land is also illegal. for the above-mentioned reasons, the writ petition is allowed. a mandamus is issued to respondent no.1 to receive the documents in question and register the same subject to the petitioners complying with the statutory requirements of the registration act, 1908 and the indian stamp act, 1899. as a sequel, wpmp.no.45213 of 2012, filed by the petitioners for interim relief, is disposed of as infructuous. __________________________ (c.v.nagarjuna reddy, j) 19th november, 2012
Judgment:

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.35570 o”

19. 11.2012 Smt.Konkala Amaravathi and 3 others.

The Sub-Registrar, Madanapalle, Chittoor District and another ^Counsel for the petitioners: Mr.Nandigama Krishna Rao !Counsel for the respondents: AGP for Revenue : ?Cases referred: Order: This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in not entertaining the sale deeds submitted by the petitioners for registration in respect of land admeasuring Ac.1-87 cents in Survey No.673/4 at Kollabailu Village, Madanapalle Mandal, Chittoor District, as illegal and arbitrary.

The petitioners purchased different parcels of properties forming part of the abovementioned land from one K.Krishna Reddy.

A perusal of the record shows that the said K.Krishna Reddy has purchased the same in a public auction held by the Special Category Deputy Registrar-cum-Officer on Special Duty, Chittoor District Co-operative Central Bank Limited, Chittoor, vide Sale Certificate, dated 05-02-2007, and registered Sale Deed, dated 08-02-2007.

When respondent No.2 sought to interfere with the possession of the petitioners' vendor, the latter has filed OS.No.132 of 2008 in the Court of the learned Principal Junior Civil Judge, Madanapalle, for permanent injunction.

After a full-fledged trial, the learned Principal Junior Civil Judge, decreed the said suit on 29-02-2012.

A perusal of the judgment in the said suit would show that the same is supported by well-perceived reasoning.

The Civil Court has considered the effect of the provisions of Sections 2 (1), 3 and 6 of the A.P.

Assigned Lands [Prohibition of Transfers] Act, 1977 (for short 'Act 9 of 1977') and opined that since the land in question, which, admittedly, was assigned land, was auctioned by a Co-operative Society for recovery of the loans advanced to the assignee, its sale is protected by the provisions of Section 6 of Act 9 of 1977.

On a thorough analysis of the facts and law, the Civil Court has decreed the suit for permanent injunction against respondent No.2.

Despite the said judgment, respondent No.2 appeared to have written to respondent No.1 that the land in question is an assigned one.

On the basis of the said communication, respondent No.1 has refused to receive the sale deeds sought to be presented by the petitioners.

Once the assigned land is sold in auction for recovery of the debt from the assignee by a Co-operative Society, the same is exempted from the provisions of Act 9 of 1977.

This Court in W.P..No.6758 of 2009, disposed of on 01-04- 2009, placed reliance on a Division Bench judgment of this Court in WA.No.950 of 2007 and held that once an assigned land is mortgaged in favour of a Society, its character undergoes a change and that the prohibition contained under Section 3 of Act 9 of 1977 ceases to operate qua the said land.

In view of these authoritative pronouncements of this Court and the judgment and decree passed in favour of the petitioners' vendor against respondent No.2, it lies ill in the mouth of respondent No.2 to treat the land in question as an assigned land.

Consequently, the action of respondent No.1 in not entertaining the sale deeds sought to be presented by the petitioners for registration in respect of the said land is also illegal.

For the above-mentioned reasons, the Writ Petition is allowed.

A mandamus is issued to respondent No.1 to receive the documents in question and register the same subject to the petitioners complying with the statutory requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.

As a sequel, WPMP.No.45213 of 2012, filed by the petitioners for interim relief, is disposed of as infructuous.

__________________________ (C.V.Nagarjuna Reddy, J) 19th November, 2012