B. Venkata Sayanarayana, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17726 OF 2015 DATED: 18.06.2015 Between:

B. Venkata Sayanarayana .. Petitioner And The State of Andhra Pradesh, Rep. by Commissioner & Inspector General, Stamps & Registration, and others.

.. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17726 of 2015 ORDER:

The grievance of the petitioner is that the Sub-Registrar, Vatluru, West Godavari District, the 2nd respondent herein, is refusing to receive and register the documents presented by him in relation to his agricultural land admeasuring Acres 5-01 cents in Sy.No.669/2 of Ramasingavaram Village, Pedavegi Mandal, West Godavari District. This refusal was on the ground that the said land was classified as an assigned land.

It is the case of the petitioner that the said land, being an assigned land, was

put to public auction by a co-operative society on the ground of default in repayment of its loan and as the said property was mortgaged to it. The issue as regards the status of such mortgaged assigned land which was brought to sale by a co-operative society fell for consideration before this Court in Sub-Registrar, Srikalahasti v. K. Guravaiah and the Division Bench held that the assigned land would cease to retain its status as such under Section 6 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

Following the afore-stated judgment, this writ petition is allowed. There shall a direction to the Sub-Registrar, Vatluru, West Godavari District, to receive and process the documents presented by the petitioner in respect of the subject land without reference to its earlier status of being an assigned land. In the event the said documents are compliant with the requirements of law, the Sub-Registrar shall complete the registration formalities and release the documents in accordance with the due procedure.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 18th June, 2015 IBL