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U. DURGA PRASAD RAO
M. Subbalakshumma – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The petitioner seeks writ of mandamus directing respondent Nos.2 to 4 to delete the petitioner’s properties from the prohibitory list maintained under Section 22-A of the Registration Act and further direct the respondent No.4 to receive, register and release the documents presented by the petitioner for registration.
2. As can be seen, it is the 3rd round of litigation. Succinctly stating, originally the subject property in an extent of Ac.0.97 cents in Sy.No.504; Ac.1.00 cents in Sy.No.506/1; Ac.2.00 cents in Sy.No.495/2; Ac.0.39 cents in Sy.No.506/3 and Ac.1.85 cents in Sy.No.491/2 totaling Ac.6.21 cents of Peddapalli Village, Siddavatam Mandal of Kadapa District was assigned in favour of the petitioner. She mortgaged the subject property to Kadapa District Cooperative Central Bank Ltd., Kadapa and when she committed default, the bank initiated recovery proceedings under the provisions of A.P. Cooperative Societies Act, 1964 and award No.2036/2005-2006, dated 02.02.2006 was passed and the said award was put in execution vide E.P.No.419/2005-2006. In the public auction the petitioner’s husband M. Nageswar Reddy purchased the subject property and sale certificate dated 17.07
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
Prohibition for assignment of these lands under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 is not attracted to the said land since the alienations were made by the ex-servicemen more....
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.
The court ruled that land cannot be classified as prohibited under Section 22-A without proper Gazette notification, allowing registration of sale deeds.
Point of Law- Several illegal transactions were taken place in violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended in Act 8 of 2007. Hence....
The court established that proper notifications and adherence to guidelines are essential for enforcing prohibitions on property registration under Section 22(A) of the Registration Act.
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