STATE OF ANDHRA PRADESH Vs. MOPURI HEMAVATHI

JUDGEMENT

(1.) Heard the learned Government Pleader for Endowments, appearing for the appellants and Sri V.R. Reddy Kovvuri, learned counsel appearing for the respondents.

(2.) The 1st respondent (herein after referred to as 'writ petitioner') herein had purchased Ac.0.05 cents of land in Sy.No.687/2 in Ward No.32, Srinivasa Nagar, Chinna Chowk Village Fields, Kadapa Mandal, Y.S.R Kadapa District, by way of a registered deed of sale, dtd. 16/4/1999, registered as document No.1397/2020. The title to this land is traced from a registered deed of sale, dtd. 23/2/1984. The petitioner had mortgaged this property as security for a loan with State Bank of Hyderabad. As steps were being taken under the provisions of the SARFAESI Act for sale of this property, for recovery of the loan of the petitioner, she had sold the plot for clearing the liability of the bank. However, the Sub-Registrar, Kadapa (Urban) had refused to receive and register the said deed of sale on the ground that the subject land falls within a list, communicated by the Commissioner, Endowments Department, on 2/12/2016, stating that the land is endowment land, belonging to Sri Mutharasupalli Rama Swamy temple, and had been included in the list of endowment properties under Sec. 22-(1)(c) of the Indian Registration Act, 1908.

(3.) Aggrieved by the said refusal of the Sub-Registrar to register the document and by the inclusion of the subject property in the list of endowment properties, the petitioner has approached this Court, by way of W.P.No.23856 of 2020 for setting aside the list of endowment property communicated by the Commissioner, Endowments to the Sub-Registrar and with a consequential direction to the Sub-Registrar to entertain the deed of sale for registration of the land.