B LAXMINARAYAN REDDY Vs. JOINT SUB REGISTRAR OFFICE

JUDGEMENT

(1.) In this writ petition, a short question as to the interpretation of section 5 of the Andhra Pradesh Agricultural Lands (Prohibition of Alienation) Act (XIII of 1972) hereinafter called the Act, arises.

(2.) The facts giving rise to this question are as follows: The petitioner applied for a loan of Rs. 18,000 to the Syndicate Bank, Hyderabad. The loan was sanctioned by the bank and the petitioner was directed to furnish security of immoveable property. The petitioner executed a simple mortgage in respect of the lands admeasuring Ac. 82.13 guntas in Survey Nos. 458 to 463, 466, 467 and 470 to 480 situated in Mirkhanpet village, Ibrahimpatnam Taluk, Hyderabad District, in favour of the bank, on the requisite stamp paper and presented the same on 15th May, 1974, for registration before the Joint Sub-Registrat-I, Hyderabad, the first respondent herein. The first respondent raised an objection stating that the mortgage transaction was hit by the provisions of the Act, and required the petitioner to furnish a declaration under rule 2 of the Rules framed under the Act, viz, that the petitioner does not possess more than 25 acres of dry land or 10 acres of wet land. The petitioner made a representation that the simple mortgage is not prohibited by the said Act or the Rules framed thereunder. But this was not accepted by the respondents and the document was returned without registering the same. The petitioner then filed this writ petition for the issue of a writ of mandamus directing the respondents to accept the document and register the same.

(3.) The contention urged by Sri K.Pratap Reddy, the learned Counsel for the petitioner is that a simple mortgage is not a transaction prohibited by section 5 of the. Act, which reads as follows: