Andhra Pradesh High Court - Amravati
Smt. Gorla Kavitha, vs The State Of Andhra Pradesh, on 7 October, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
1
HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.15041 of 2020
ORDER:(Heard and pronounced through Blue Jeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic) Heard learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration appearing for respondents.
The present writ petition is filed questioning the action of respondent Nos.2 and 4 in including the land admeasuring Ac.4.09 cents in Survey No.598-2A of Kollabylu Revenue Village, Madanapalle Mandal, Chittoor District in the prohibitory list as DKT patta land and the consequential action of the respondent No.5 in refusing to register proposed sale deed as illegal, arbitrary, and contrary to the well established legal principles laid down in the case of Sub-Registrar, Srikalahasti, Chittor District v. K.Guruvaiah reported in 2009(2) ALD 250 as well as the orders passed by this Court in W.A.No.1920 of 2018 dated 18.12.2017 apart from violative of fundamental constitutional rights guaranteed under Articles 14, 19, 21 and 300-A and for consequential reliefs.
Originally, the above said property was assigned in favour of one Mr.Reddeppa and his legal heirs mortgaged the same and committed default in repayment of loan. Accordingly, the mortgaged property was auctioned by the District Cooperative Central Bank and the petitioner's husband purchased the same in the auction and a Sale Certificate dated 28.02.2006 was issued to him.
The petitioner states that the husband of the petitioner had gifted the subject matter property through registered Gift Deed dated 28.07.2012 2 vide document No.8970 of 2012 and they have been in peaceful possession and enjoyment of the same without any interruptions. While so, the petitioner and her husband intended to alienate the property and approached 5th respondent and the same was refused on the premise that the land is DKT patta land as per the list furnished by the Revenue authorities. The petitioner further submits that original assignee was authorized to mortgage the assigned land in favour of bank and when the property is mortgaged, interest in the property is transferred by the Mortgager to the Mortgagee and if the mortgage money is not repaid the consequences provided in the transfer of Property Act would follow. He further submits that in the present case also the petitioner's donor purchased the subject land in the auction conducted by the bank and the bank has also given the sale certificate. Accordingly, the 5th respondent cannot refuse basing on the prohibited list furnished by the revenue authorities. Hence, the writ petition.
Learned counsel for the petitioner placed reliance on the judgement of the Division Bench of this Court in Sub-Registrar, Srikalahasthi, Chittoor District v. K.Guruvaiah1 and Writ Appeal No.1920 of 2017, dated 18.12.2017 and contends that as per the judgment(1 supra), the lands which were assigned by the State can be mortgaged in favour of Primary Agriculture Cooperative Society, and if the mortgager commits default in payment of the loan amount, the said lands can be sold for recovery of the same, and that such a sale is valid in law. He contends that once there is a sale of the land by way of an auction conducted by a Cooperative Bank, the property ceased to be the property of the State, 1 2009(2) ALD 250 3 loses its character as assigned land and the said individual gets valid title over the property.
The learned Government Pleader for Stamps and Registration did not refute the law declared by this Court in K.Guraviah's case (1 supra). In the said judgment, this Court held that when the original assignee mortgaged the land assigned to him in favour of a bank or a financial institution or cooperative society under A.P.Cooperative Societies Act, 1964 and if the money is not paid, the consequences provided in the Transfer of Property Act, 1982 would naturally follow; that it is permissible to put the said land to public auction under the said Act and recover the land dues to the financial institution by way of sale and such a sale is valid in law. It is also held that as per Section 2(1) of the A.P.Assigned Lands(prohibition of transfers) Act, 1977, mortgage in favour of a bank or a cooperative Society does not amount to alienation.
The learned counsel for the petitioner states that raising similar pleas, the petitioner under similar circumstances approached this Court in Writ Petition No.5771 of 2019 and the writ petition was disposed of vide order dated 25.04.2019 and the same is applicable to the present case. As seen from the said writ petition in respect of land which was originally assigned and purchased by petitioner's vendor through auction conducted by the Cooperative Central Bank, a learned Single Judge following the Judgment of K.Guravaiah's case (1 supra) disposed of the writ petition with certain directions. Having perused the judgments referred to supra, this Court is in complete agreement with the contentions raised by the learned counsel for the petitioner. In view of the above legal position as laid in the 4 judgments mentioned above, this Court is inclined to pass appropriate orders.
Accordingly the writ petition is allowed with a direction to the respondents to delete the land of the petitioner from the prohibitory list issued by the respondents under Section 22-A of the Registration Act, 1908 forthwith. The petitioner is directed to present the document for registration before 5th respondent within one week from the date of receipt of copy of this order and on submission of the said document, the 5th respondent shall consider the same for the purpose of registration strictly in accordance with law, without reference to the prohibitory list under Section 22-A of the Registration Act, 1908 and proceed in accordance with law. This exercise shall be completed within four weeks from the date of submission of the document by the petitioner. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications, if any, shall stand closed.
______________________ NINALA JAYASURYA, J Date: 07.10.2020 BLV 5 HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.15041 of 2020 Dt: 07.10.2020 BLV