Andhra Pradesh High Court - Amravati
Ramesh Kumar Kankaria, vs The State Of Andhra Pradesh, on 23 September, 2025
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
W.P.Nos. 30631, 31434 of 2023
and
W.P.Nos.7260, 20542, 21300 & 21301 of 2024
The Court made the following COMMON ORDER:
Heard Sri Ms. M. Abhigna, learned Counsel appearing on behalf of Sri
P. Badrinath, learned Counsel for the Writ Petitioners in W.P.No.30631 of
2023, 7260 & 20542 of 2024; Ms. Marella Radha, learned Counsel for the Writ
Petitioners in W.P.No.31434 of 2023; Sri Vevilela Srinivasa Rao, learned
Counsel for the Writ Petitioners (appearing through online) in W.P.Nos. 21300
and 21301 of 2024 and Sri Arjun Chowdary, learned Asst. Government
Pleader for Revenue.
2. All these Writ Petitions raised the same question of law arising
from similar facts.
3. The Writ Petitioners are the successful bidders in a public auction
conducted by the Respondent Banks under the provisions of Securitisation
and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act of 2002). In all these cases, the lending Banks have initiated auction proceedings against the money borrowers for having defaulted in clearing the debts. The Writ Petitioners herein are the bonafide purchasers of the auctioned properties of the defaulters, who became the owners of the property by virtue of being declared as successful bidders.
4. After having obtained the Sale Certificates from the respective Banks, when the Writ Petitioners have approached the Registration Authorities for entering the details of the Sale Certificate in the Book-I before the Registrar and also to register the same, the Registration Authorities have demanded the payment of Stamp Duty and Registration Charges on the basis of the prevailing market value but not on the basis of the purchase price as arrived in the auction sale. Since such demand was unacceptable to the Writ 2 Petitioners herein, having been aggrieved by the refusal to note in Book-I and to register the respective properties based on the auction purchase amount, the present Writ Petitions are filed.
5. This issue, is no more res integra inasmuch as the issue is covered by the Judgment of the Hon'ble Apex Court in V.N. Devadoss Vs. Chief Revenue Control Officer-cum-Inspector and Ors: (2009) 7 SCC 438 and also the recent judgment rendered by Ld. Single Judge of this Court in Mallikarjuna Kondapaneni and two others Vs. The State of Andhra Pradesh, Department of Stamps and Registration and three others; W.P.No.298 of 2025, dated 20.01.2025.
6. In the above premise, these Writ Petitions are allowed in terms of the Judgments rendered by the Hon'ble Apex Court in V.N. Devadoss's case and in Mallikarjuna Kondapaneni's case rendered by the Ld. Single Judge of this Court in W.P.No.298 of 2025. Registry is directed to append a copy of the Judgment dated 20.01.2025 in W.P.No.298 of 2025 along with these Writ Petitions. No order as to costs.
7. Interlocutory Applications, if any, stand closed in terms of this order.
_______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 23.09.2025 Mnr 3 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD W.P.Nos. 30631, 31434 of 2023 and W.P.Nos.7260, 20542, 21300 & 21301 of 2024 Dt: 23.09.2025 Mnr