Andhra Pradesh High Court - Amravati
Reddy Srinivas vs The State Of Andhra Pradesh on 14 October, 2025
APHC010543202024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
TUESDAY,THE FOURTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 28509 OF 2024
Between:
1. REDDY SRINIVAS, S/ O.REDDY. SUIYACHANDAR RAO, AGED
ABOUT 57 YEARS, OCC. BUSINESS, R/O.33-9-18/ L,KANCHIRAJU
GARIVIDI TANUKU, WEST GODAVARI DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, STAMPS AND REGISTRATION DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE COMMISSIONER AND INSPECTOR GENERAL STAMPS AND
REGISTRATION DEPARTMENT, VIJAYAWADA, NTR DISTRICT.
3. THE DISTRICT REGISTRAR, ELURU, ELURU DISTRICT.
4. THE SUBREGISTRAR, NUZVID, PRAKASAM DISTRICT.
5. THE CENTRAL BANK OF INDIA, BENZ CIRCLE BRANCH,
NTRDISTRICT REP BY ITS MANAGER.
...RESPONDENT(S):
Counsel for the Petitioner:
1. K KRISHNABUSHANCHOWDARY Counsel for the Respondent(S):2
1. GP FOR REGISTRATION AND STAMPS The Court made the following ORDER:
Heard Ms. P. Srilatha Reddy, learned Counsel appearing on behalf of Sri Krishna Bushan Chowdary, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration.
2. The Writ Petitioner is the successful bidder in a public auction conducted by the Respondent Bank under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act of 2002). In this case, the lending Bank has initiated auction proceedings against the money borrower for having defaulted in clearing the debts. The Writ Petitioner herein is the bonafide purchaser of the auctioned property of the defaulter, who became the owner of the property by virtue of being declared as successful bidder.
3. After having obtained the Sale Certificate from the respective Bank, when the Writ Petitioner has 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 Petitioner herein, having been aggrieved by the refusal to note in Book-I and to register the respective property based on the auction purchase amount, the present Writ Petition is filed.
4. 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 3 Pradesh, Department of Stamps and Registration and three others; W.P.No.298 of 2025, dated 20.01.2025.
5. In the above premise, this Writ Petition is 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 this Writ Petition. No order as to costs.
6. Interlocutory Applications, if any, stand closed in terms of this order.
______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 14.10.2025 JKS 4 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 28509 of 2024 14.10.2025 JKS