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RAVI CHEEMALAPATI
Duggasani Suryanarayanamma – Appellant
Versus
State Of Andhra Pradesh – Respondent
What is the effect on assigned lands when they are sold in execution proceedings in relation to Section 22-A(1)(a) of the Registration Act, 1908? What is the legality of including lands in the prohibitory properties list under Section 22-A(1)(a) after they have been mortgaged and auctioned by a cooperative bank? What are the rights of purchasers and registering authorities regarding registration of sale deeds for lands that were originally assigned but later sold in execution proceedings?
ORDER :
The grievance of the petitioners is inclusion of the subject property in the prohibitory properties list furnished under Section 22-A(1)(a) of the Registration Act, 1908 by the 2nd respondent and the consequential action of the respondent no.5 in refusing to entertain the sale deeds for registration in relation to the subject property by assigning Pending document P.Nos.348, 349 & 350 of 2023.
2. The case of the petitioners, in brief, is that the land in an extent of Ac.0-92 cents in Survey No.54/1A, Ac.0-27 cents in Survey No.54/1C and Ac.50 cents in Survey No.54/2C of Buggaleti palle village, C.K.Dinne Mandal, YSR District (hereinafter referred to as, ‘the subject property’) along with other extents of land was assigned in favour of Busireddy Veeramma, Busireddy Pedda Malla Reddy and Busireddy Nadipi Malla Reddy. The assignees mortgaged the subject property in favour of District Cooperative Central Bank Limited, Kadapa and obtained loan and as they did not repay, the Bank brought the subject property for sale by way of public auction under E.P.Nos.18, 19 & 20 of 2004-05. In the said auction, Gajjala Ranga Reddy, Pothuluru Eswar Reddy and Ponnolu Pulla Reddy became highest b
Assigned lands lose their status when sold in execution proceedings, allowing for registration without objection.
Issue of direction by respondent No.2 to include the property under Section 22 A (1) (e) of the Registration Act without vesting the land on the Government divesting from alienee on resumption follow....
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....
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 absence of a non-alienation clause in the original land assignment means it cannot be classified as assigned land under the A.P. Assigned Lands Act, allowing for its registration.
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.
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