GANJI VENKTESWARA RAO Vs. DEPUTY COMMERCIAL TAX OFFICER

JUDGEMENT

(1.) These writ petitions are directed against the attachment proceedings passed by the Deputy Commercial Tax Officer - I, Samarangam Chowk, Vijayawada, the 1st respondent herein, dated 11.10.2000 in Re. No. B.5/57/96. The relevant and necessary facts be noted first as under:

(2.) The property under attachment by the impugned proceedings is an extent of 430 sq. yards house property bearing Door No. 1-3-26-12, Municipal Ward No. 1/2 Assessment No. 650/E/2-A, Plot No. 3, situated at Vidhyadarapuram village, Vijayawada sub-registry being bounded by-East -Property of Sistla Padmavathi - 81 ft. South -Property of Kolluri Madhusudhan Rao & Panduranga Rao 23.9 ft. West-Remaining House property of Kommu Venkateswara Rao - 81 ft. North-15 ft. wide road - 24 ft.

(3.) The said property originally belonged to Sri Govindarajulu Venkateswara Rao who had purchased it on 26.3.1947 from Matta Peda Subbaiah and others. Sri Lakshman Rao, his son had constructed a RCC building on the said land. Sri Appana Ramalingeswara Rao, partner of M/s.Challamamba Coconut Products and Proprietor of M/s Hindustan Coconut Oil Industries purchased an extent of 430 sq. yards and the building from Sri Govindarajulu Venkateswara Rao and his children who are the legal representatives of Sri Govindarajulu Venkateswara Rao under the registered sale deed dated 17.7.1995. On 7.3.1996, Appana Ramalingeswara Rao, the 4th respondent herein, mortgaged the said property i.e., 215 sq. yards to each of the petitioners as security for a loan of Rs. 3,00,000/-. Subsequently on 2.8.1996, the 4th respondent herein being unable to discharge the loan sold the property to the petitioners and delivered possession of the same in consideration of the full discharge of the loan amount with interest.