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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.KRISHNA MOHAN
Mandati Thirupathi Reddy, S/o. Late Ananthaiah – Appellant
Versus
State Of Andhra Pradesh, rep, By Its Sup-Registrar – Respondent
| Table of Content |
|---|
| 1. petitioner questions registration of sale deed. (Para 1 , 2 , 3) |
| 2. bank defends auction and sale process. (Para 4 , 5) |
| 3. court denies reopening sale proceedings. (Para 6) |
| 4. writ petition dismissed. (Para 7) |
Order :
Heard the party in person and the learned counsel appearing for the 5th respondent. The 2nd respondent is the auction purchaser and as he died, his legal representative was impleaded as the 3rd respondent. The 1st respondent also filed counter.
2. This writ petition was filed questioning the action of the respondents in registering the Sale Deed Document No.2646 of 2013, dated 09.07.2013 to the extent of Ac.0.41 cents in Survey No.126/1A situated at Chintakunta village, Markapur Mandal, Prakasam District and Document No.2646 of 2013 dated 09.07.2013 to the extent of Ac.1.70 cents in survey No.128 situated at Chintakunta village, Markapur Mandal, Prakasam District were registered in the name of Mr.Chekka Subrahmanyam.
3. The party-in-person submits that he worked as a Telugu Lecturer in S.V.K.P.Degree College, Markapur. He purchased agricultural land in an extent of Ac.7.11 cents in his village in 3 survey numbers on 26.10.2004. He applied for loan against
Once auction proceedings are completed and a sale certificate is issued under the SARFAESI Act, challenges to those proceedings in a writ petition are not permissible, as it raises disputed questions....
Writ court directs SARFAESI auction sale registration despite delays, relegates possession and property disputes to civil court.
The unauthorized sale of mortgaged property by the mortgagor does not bind the mortgagee, allowing the mortgagee to enforce its rights and register the sale certificate.
A mortgagor cannot sell secured property without the mortgagee's consent, making such sales non-binding.
The court emphasized that auction sales must adhere to statutory requirements and principles of natural justice, ruling that collusion invalidates the auction process.
Auction sales of mortgaged properties must comply with statutory requirements; failure to do so, especially under false pretense, allows for judicial intervention to set aside such sales.
A mortgagor cannot authorize the sale of mortgaged property without the consent of the mortgagee, protecting the mortgagee's rights under the Securitization and Reconstruction of Financial Assets and....
The unauthorized sale of mortgaged property is not binding on the mortgagee bank, allowing the registration of a sale certificate post-auction.
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