B.SAVITRI Vs. A.P. CO-OP TRIBUNAL

JUDGEMENT

(1.) The present Writ Petition is filed seeking the following relief :

(2.) (a) It is the case of the petitioners that land admeasuring Ac.4.95 cents situated in survey No.147-3 of Rapthadu village, Anantapuram district (hereinafter referred to, as "the subject property") was owned by deceased 2nd respondent. He mortgaged the said property in favour of Anantapur District Co-operative Central Bank and obtained loan. He committed default in repayment of the loan and hence, to recover the same, the Bank conducted a public auction on 26/4/1996 wherein one late B.Siva Prasad Reddy, who is husband of 1st petitioner and father of 2nd petitioner, purchased the said property. The sale was confirmed by the Bank on 22/6/1996 and a Sale Certificate was issued in favour of the purchaser on 4/7/1996 in E.P.No.1538/95-96, coupled with delivery of vacant possession of the property. Thereafter, recognising his title and possession, revenue authorities issued pattadar pass book and title deed in his favour, and he had been in peaceful possession and enjoyment of the property. When the Government wanted to take the said land for construction of a model school without following due procedure, he filed W.P.No.4401 of 2012 before this Court, wherein this Court directed stay of dispossession except in accordance with law. He also filed W.P.No.11236 of 2012 before this Court wherein this Court observed that Sec. 22-A of the Registration Act does not apply to lands purchased from Cooperative Central Banks. He also filed W.P.No.16169 of 2013 before this Court when the revenue authorities passed orders removing his name from records and the unofficial respondents are parties to the said Writ Petition, and on 14/12/2015, deceased 2nd respondent- K.Chandrayudu, husband of 2nd respondent and father of respondents 3 and 4, filed counter affidavit, wherein he denied his assertion about his purchase of the subject property in auction from the Bank, etc.

(3.) (a) Respondents 2 to 5 filed detailed counter affidavit denying the material averments in the affidavit filed in support of the Writ Petition and stating inter alia that 2nd respondent died on 16/8/2020 and thereafter respondents 3 to 5 came on record as his legal representatives in the O.A. before the Tribunal, by filing various interlocutory applications, which were allowed. After condoning the delay and numbering the application, 1st respondent-Tribunal proceeded with the case and P.W.1 was examined and 37 documents were got marked, and evidence on behalf of the applicants therein was closed on 10/2/2025, and the matter was posted to 17/2/2025 for hearing the petitioners herein.