STATE OF ANDHRA PRADESH, Vs. PRABHAKAR NAIDU

JUDGEMENT

(1.) By this writ appeal, the appellants would call in question the order dtd. 17/2/2021 passed by the learned single Judge in W.P.No.3504 of 2021. By the said order, the writ petition filed by the respondent herein was disposed of directing the appellant Nos.2 and 3 herein (respondent Nos.2 and 3 therein) to consider the respondent/writ petitioner's representation dtd. 9/10/2019 and delete the subject land from the prohibited property list and communicate the same to the sixth appellant/sixth respondent, who, in turn, on such communication, was directed to receive the sale deed proposed to be presented by the respondent/writ petitioner in respect of the subject land, process and register the same if it is otherwise in accordance with the provisions of the Registration Act, 1908 (for short, 'the Act of 1908') and the Rules made thereunder, and release the same to the respondent/writ petitioner as per law.

(2.) Brief facts, which are necessary for the purpose of disposal of the present appeal, are as under:

(3.) The learned single Judge has disposed of the writ petition with the directions as noted above, on the strength of the law laid down by the Division Bench of the erstwhile High Court of Andhra Pradesh in Sub Registrar, Srikalahasti, Chittoor District v. K. Guravaiah, reported in 2009(2) ALD 250 (DB), wherein it was held that when the original assignee mortgaged the land assigned to him in favour of a bank or a financial institution or a co-operative society under the Andhra Pradesh Co-operative Societies Act, 1964 (for short, 'the Act of 1964'), and if the mortgager fails to repay the loan, the consequences provided in the Transfer of Property Act, 1982, would naturally follow, in that, it is permissible to put the land to public auction under the said Act and recover the loan due to the financial institution by way of sale and that the land loses the character of assigned land and such sale would be valid in law.