ANNAPOORNA FINANCIERS Vs. STATE OFANDHRA PRADESH

JUDGEMENT

(1.) M/s. Annapoorna Financiers, registered partnership firm represented by Joint Managing Partner Gogineni Sudhakara Rao filed this writ petition under Article 226 of the Constitution of India, to issue writ of mandamus declaring the Endorsement of Respondent No.3 vide R.C.No.1135/2018/F dtd. 10/7/2019 and Endorsement of Respondent No.4 vide R.C.No.1666/2018/CS dtd. 29/10/2018 in refusing to update the record of rights and issuance of pattadar passbooks and title deeds in respect of Ac.12- 76 cents in Sy.Nos.157, 137/1 and 137/2 of Pallapukodabu and Ac.2-08 cents in Sy.No.16 of Thamarabba villagesd of Devarapalli Mandal, Visakhapatnam District as illegal, arbitrary, violative of the provisions of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act') and The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 (for short 'the Rules') and Article 300-A of the Constitution of India and consequently set-aside the endorsements issued by Respondent Nos. 3 & 4 and direct Respondent Nos. 3 & 4 to update the record of rights and issue pattadar passbooks in respect of the agricultural land of this petitioner.

(2.) One Kodali Srinivas Rao and his wife Kodali Vijaya Lakshmi approached this petitioner, borrowed an amount of Rs.69.00 lakhs on three different occasions, executed three promissory notes and deposited the title deeds, created mortgage by deposit of title deeds. Both Kodali Srinivas Rao and his wife Kodali Vijaya Lakshmi failed to discharge the mortgage debt. Thereupon the petitioner filed O.S.No.142 of 2009 on the file of I Additional District Judge, Visakhapatnam against both Kodali Srinivas Rao and his wife Kodali Vijaya Lakshmi, the mortgagers, for recovery of the amount due under the mortgage by sale of property.

(3.) A preliminary decree and final decree were passed for sale of the property. Thereupon, an execution petition in E.P.No.16 of 2017 was filed and brought the property for sale. The decree holder having obtained permission to bid and set off, was declared as highest bidder and the Executing Court issued sale certificate. The petitioner filed E.A.No.78 of 2018 for delivery of property and accordingly through process of the Court, the property was delivered to this petitioner on 20/9/2018.