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2024 DIGILAW 352 (AP)

Shaik Sahid v. State of Andhra Pradesh

2024-03-13

B KRISHNA MOHAN

body2024
ORDER : B Krishna Mohan, J. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue for the respondent Nos. 1 to 3 and the learned counsel appearing for the 4th respondent. 2. This writ petition is filed questioning the action of the 3rd respondent in not registering the Sale Certificate dated 12.11.2018 with respect to the house comprising in an extent of 21 Ankanams or 144.06 Sq. mts., in Plot Nos. 251 & 252 in Ward No. 25/1, near D.No. 187, Survey No. 950, Sanjay Gandhi Nagar, Podalakuru Road, Nellore Bit-I pursuant to the auction conducted by the Syndicate Bank, Aditya Nagar Branch, Nellore on 29.10.2018. 3. The learned counsel for the petitioner submits that the 4th respondent availed loan from the Syndicate Bank, Aditya Nagar Branch, Nellore and she became the defaulter. Consequently, auction was conducted with respect to the mortgaged property which is none other than the subject matter of this writ petition. The said auction was conducted on 29.10.2018 and the petitioner became the successful bidder and the Sale Certificate was issued by the Syndicate Bank, Aditya Nagar Branch, Nellore on 12.11.2018. Then the petitioner approached the 3rd respondent for execution of the registered sale deed basing upon the above said Sale Certificate dated 12.11.2018 but the same was not entertained due to the pendency of the suit in O.S.No.613 of 2018 on the file of I Additional Junior Civil Judge, Nellore instituted by the 4th respondent herein. The said suit is with respect to the grant of permanent injunction against the petitioner with respect to the suit schedule property which is none other than the subject matter of this writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue submits that in view of the pendency of the suit and grant of interim injunction against the petitioner herein dated 20.11.2018, the 3rd respondent is unable to proceed with the entertainment of the execution of sale deed by the parties concerned. 5. The learned counsel appearing for the 4th respondent submits that the petitioner can pursue the matter before the trial court where the O.S.No.613 of 2018 is pending which was instituted by the 4th respondent for grant of permanent injunction with respect to the suit schedule property therein. He further claims that the 4th respondent is in possession of the subject property. 6. He further claims that the 4th respondent is in possession of the subject property. 6. In view of the above said facts and circumstances, it is to be seen that there is no dispute with regard to the mortgage of the subject property to the Syndicate Bank, Aditya Nagar Branch, Nellore, the declaration of the 4th respondent as defaulter of payment of loan amount for the subject mortgaged property, conducting of auction dated 29.10.2018 and issuance of the sale Certificate dated 12.11.2018 in favour of the petitioner herein. As can be seen from the above, the said suit was also instituted subsequent to the issuance of sale certificate by the Bank in favour of the petitioner. It is only for grant of permanent injunction against the petitioner herein with respect to the suit schedule property. The transactions held between the Bank, the borrower and the auction producer are not in dispute before the said court which cannot be gone into by the said court also. 7. In the backdrop of the above said facts and the legal position, there is no justification for the 3rd respondent in not entertaining the sale certificate dated 12.11.2018 for its registration when it is submitted by the petitioner herein. The above said suit proceedings before the trial court does not come in the way for exercising the power by the 3rd respondent in accordance with law. Accordingly, the 3rd respondent is directed to consider the registration of the sale certificate dated 12.11.2018 for the subject land presented by the petitioner in accordance with law. 8. Accordingly, the writ petition is disposed off. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.