STATE OF ANDHRA PRADESH Vs. P YASHODA

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters Patent, is preferred against the interlocutory order passed by the learned Single Judge in W.P.M.P.No.46941 of 2017 in W.P. No. 37796 of 2017 dated 13.11.2017. The 1st respondent herein filed the Writ Petition questioning GO Ms. No. 215 dated 13.5.2016 notifying the subject lands under Section 22-A(1)(e) of the Registration Act, 1908.

(2.) The 1st respondent-writ petitioner purchased the subject lands pursuant to a sale conducted by the Deputy Registrar of Cooperative Societies, Chittoor, and on his issuing a Sale Certificate in favour of the petitioner, pursuant to the orders passed in E.P. No. 112/10-11, E.P. No. 116/10-11 and E.P. No. 113/10-11 on 27.12.2011.

(3.) The contention urged, before the learned Single Judge, by Sri A. Giridhar Rao, learned counsel for the 1st respondent-writ petitioner, was that, once the assigned lands are mortgaged in favour of a Cooperative Bank, and if the property is put to auction thereafter for failure of the assignee to repay the debt, the lands sold in the auction lose the character of assigned land; and the auction purchaser would have unfettered right and title over the said lands. Reliance is placed by the learned counsel on a Division Bench Judgment of this Court in Sub-Registrar, Sri Kalahasti vs. K. Guravaiah, 2009 3 ALT 85 (DB)(W.A. No. 950 of 2007 dated 30.12.2008).