DUGGASANI SURYANARAYANAMMA Vs. STATE OF A.P.

JUDGEMENT

(1.) The grievance of the petitioners is inclusion of the subject property in the prohibitory properties list furnished under Sec. 22 22-A(1)(a) A(1)(a) of the Registration Act, 1908 by the 2nd respondent and the consequential action of the respondent no.5 in refusing to entertain the sale deeds for registration in relation to the subject property by assigning Pending document P.Nos.348, 349 and 350 of 2023.

(2.) The case of the petitioners, in brief, is that the land in an extent of Ac.0-92 cents in Survey No.54/1A, Ac.0-27 cents in Survey No.54/1C and Ac.50 cents in Survey No.54/2C of Buggaleti palle village, C.K.Dinne Mandal, YSR District (hereinafter referred to as, 'the subject property') along with other extents of land was assigned in favour of Busireddy Veeramma, Busireddy Pedda Malla Reddy and Busireddy Nadipi Malla Reddy. The assignees mortgaged the subject property in favour of District Cooperative Central Bank Limited, Kadapa and obtained loan and as they did not repay, the Bank brought the subject property for sale by way of public auction under E.P.Nos.18,19 and 20 of 2004-05. In the said auction, Gajjala Ranga Reddy, Pothuluru Eswar Reddy and Ponnolu Pulla Reddy became highest bidders and pursuantly the Bank issued sale confirmation letters in their favour and thereafter sale certificates in Form No.10, dtd. 1/3/2005 were issued under Sub-Rule 14(V) of Rule 52 of the A.P.Co-operative Society Rules, 1964. Eversince, they had been in possession and enjoyment of the property and in recognition of their title and possession, the revenue records had also been mutated. When they tried to alienate the property by presenting a document to registration, the Registering Authority refused to entertain the document stating that the subject property is entered as assigned land in his office records. Aggrieved thereby, they filed writ petitions vide W.P.Nos.33310, 33311 and 33315 of 2010 and this Court disposed of them on 29/12/2010, directing the respondents therein to consider the documents presented for registration without raising any objection to the effect that the subject land was originally an assigned land. Subsequently, they executed a power of attorney dtd. 13/2/2009 in favour of Gajjala Venkata Subba Reddy and inturn he sold the subject property in favour of the 4th petitioner. When the 4th petitioner alienated the subject land in favour of the petitioner nos.1 to 3 and presented the documents dtd. 16/10/2023 for registration, the 5 th respondent Registering Authority instead of registering the documents, assigned Pending Document Nos.348, 349 and 350 of 2023, dtd. 28/10/2023 and refused to complete the registration stating that the same was in Objection list of P.O.T./364/2016 under Sec. 22-A(1)(a) of the Registration Act, 1908. When the petitioners apprised the earlier orders of this Court directing the registering authority not to raise any objection to the effect that the subject land was originally an assigned land, the 5 th respondent stating that the said orders are of the year 2010, required the petitioners to obtain fresh orders. The action of the 2nd respondent in continuing the property in prohibitory list under Sec. 22-A (1)(a) and consequential action of the 5 th respondent in assigning pending document numbers. to the sale deeds presented by the petitioners is illegal, arbitrary and in violation of the law laid down in the decision in Sub Registrar, Srikalahasti, Chittoor District vs. K.Guravaiah,2009(2) ALD 250. Therefore, this writ petition is filed praying to declare the said actions being illegal and arbitrary and direct the registering authority to register and release the pending document numbers by setting aside the prohibitory lands list under Sec. 22-A of the Registration Act, 1908.

(3.) The 2nd respondent filed counter denying the averments of the petition inter alia contending that, as per the available records, the land in Survey No.54/1 to an extent of Ac.5.13 cents of Buggaletipalli village of C.K.Dine Mandal was assigned in favour of Busireddy Malla Reddy, Son of Mallaiah, vide DKT No.432/1370, dtd. 28/3/1962 and as the said land is an assigned land, the then District Collector instructed the then District Registrar, Kadapa to notify the said land under Sec. 22A(1)(a) list of Registration Act, 1908. The respondents are ignorant of the contentions regarding mortgage of the said assigned land in the District Cooperative Central Bank Limited, Kadapa, default of loan and subsequent sale in auction of the mortgaged assigned land and issue of sale certificates in Form-10 and the respondents were never informed of the same. Form-10 sale confirmation certificates shows that one Gajjala Ranga Reddy purchased an extent of Ac.0-82 cents in Survey No.54/1 and an extent of Ac.1.59 cents in Survey No.54/2 in Buggaletipalli village of C.K.Dinne Mandal and another extent of Ac.0-57 cents . situated in Survey No.3/1C of Jamalpalli village. Further, Sri Pothuluru Eswar Reddy seems to have purchased lands to an extent of Ac.3.22 cents in Survey No.54/1C and Ac.0-50 cents in Survey No.54/2C of the same village and an extent of Ac.0-80 cents in Survey No.3/1C of Jamalpalle village from Smt. Busireddy Veeramma, W/o. Kunti Malla Reddy.