Andhra Pradesh High Court
WP/20840/2019 of C. Madhusudhana Reddy Vs The State of Andhra Pradesh, on 31 December 2019
U. DURGA PRASAD RAO Writ Petition No.20840 of 2019 ORDER: The petitioner implores for mandamus questioning the action of 3rd respondent in not receiving and processing the document submitted by the petitioner for registration in respect of the land to an extent of Ac.4.60 cents in Survey
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Writ Petition No.20840 of 2019
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ORDER:
The petitioner implores for mandamus questioning the action of 3[rd] respondent in not receiving and processing the document submitted by the petitioner for registration in respect of the land to an extent of Ac.4.60 cents in Survey No.280-1C situated in Regatipalli Village of Dhamavaram Mandal, Anantapur District.
2. The petitioner’s case succinctly is that originally one Smt. Kolata Jayamma, w/o. late Ramanjaneyulu of Regatipalli Village was assigned the land mentioned supra vide C.C.No.1458 & 1459/Div/75 dated 20.09.1978 by 4[th] respondent. She availed agricultural loan from 5[th] respondent Bank and become a defaulter, thereby the 5[th]respondent by following due process of law as contemplated in the A.P. Cooperative Societies Act, conducted public auction of the mortgage property wherein, the petitioner became successful bidder and paid the bid amount. The 5[th] respondent thereupon issued certificate of Sale under Form 10 in E.P.No.3092/95-96 and thus, the petitioner became absolute owner of Ac.4.60 cents of land. Of late, when the petitioner approached 3[rd] respondent to furnish valuation particulars of his land to transfer the same in favour of his sons, they refuse to register the document on the ground that it was originally an assigned land and insisted for obtaining No Objection Certificate from the concerned. Petitioner’s contention is that when once the assignee mortgaged the land with the Bank and same was sold in public auction due to the default committed by the borrower and the petitioner purchased the same in the public auction, the character of the land changes from assigned land to private land and thereby he is not required to obtain and produce No Objection Certificate.
3. Heard Sri M.Chinnappa Reddy, learned counsel for petitioner, and learned Government Pleader for Stamps & Registration representing the respondents.
4. A perusal of the copy of the patta in C.C.No.1458 & 1459/Div/75 dated 20.09.1978 shows an extent of Ac.4.60 cents in Survey No.280-1C of Regatipalli Village was originally assigned to Smt. Kolata Jayamma, w/o. Ramanjaneyulu. Then, the copy of certificate of Sale issued in E.P.No.3092/95-96 by the Deputy Registrar, Anantapur District Cooperative Central Bank Limited, Anantapur shows that the petitioner purchased the subject land in public auction conducted by the Deputy Registrar of Anantapur District Cooperative Central Bank Limited. It was shown that auction sale was conducted as K.Jayamma the borrower become defaulter. Thus, the assigned land assumed the character of private land due to the above circumstances. The issue is no more res integra. In TheSub-Registrar v. K.Guravaiah[1], in similar circumstances a Division Bench of the High Court of A.P. held thus:
“17. Thus, when the property is mortgaged, interest in the property is transferred by the mortgagor to the mortgagee. If the mortgage money is not repaid, the consequences provided in the Transfer of Property Act would naturally follow. We need not go in detail about the same because it is not in dispute that the mortgage money was not paid by the original assignee of the assigned lands to the bank and, therefore, the bank had initiated proceedings under the provisions of the Co-operative Societies Act. The bank ultimately obtained recovery certificate under the provisions of Section 71 of the afore-stated Act and after following legal procedure, the lands in question were put to auction and it is not in dispute that the petitioner was the highest bidder and ultimately, the assigned lands were sold to him. The sale executed in favour of the petitioner was confirmed and a sale-deed had been executed. If the property in the assigned land had been transferred to the petitioner, the revenue record must be completed accordingly by showing the fact that the petitioner is the owner of the land in question.”
The above judgment applies with all its force to the case on hand. Therefore, a direction can be given to 3[rd] respondent.
5. Accordingly, this Writ Petition is allowed directing 3[rd]respondent to receive the document submitted by the petitioner and process the same for registration, if it is otherwise in order. No costs.
In consequence, interlocutory applications, if any pending, shall stand closed.
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U.DURGA PRASAD RAO, J 31.12.2019 MVA