M.SUBBALAKSHUMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner seeks writ of mandamus directing respondent Nos.2 to 4 to delete the petitioner's properties from the prohibitory list maintained under Sec. 22-A of the Registration Act and further direct the respondent No.4 to receive, register and release the documents presented by the petitioner for registration.

(2.) As can be seen, it is the 3rd round of litigation. Succinctly stating, originally the subject property in an extent of Ac.0.97 cents in Sy.No.504; Ac.1.00 cents in Sy.No.506/1; Ac.2.00 cents in Sy.No.495/2; Ac.0.39 cents in Sy.No.506/3 and Ac.1.85 cents in Sy.No.491/2 totaling Ac.6.21 cents of Peddapalli Village, Siddavatam Mandal of Kadapa District was assigned in favour of the petitioner. She mortgaged the subject property to Kadapa District Cooperative Central Bank Ltd., Kadapa and when she committed default, the bank initiated recovery proceedings under the provisions of A.P. Cooperative Societies Act, 1964 and award No.2036/2005-2006, dtd. 2/2/2006 was passed and the said award was put in execution vide E.P.No.419/2005-2006. In the public auction the petitioner's husband M. Nageswar Reddy purchased the subject property and sale certificate dtd. 17/7/2006 was issued in his favour.

(3.) While so, when the said M. Nageswar Reddy, proposed to transfer the subject property to 3rd parties, the registration authorities refused to receive and register the document on the ground that the Tahsildar sent a list of assigned lands to Registration Department and subject property is covered by the said list and hence registration cannot be effected. Aggrieved, the petitioner's husband filed WP No.10934/2012 in the Common High Court of A.P. which was disposed of by order dtd. 7/4/2012 as follows: