ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to declare the order of refusal of registration fo sale deed dated 18.10.2021 (pending document no.P99/2021) issued by the 2nd respondent referring to the circular memo no.G1/9732/2013, dated 17.7.2013 and circular memo no.G3/12238/2014 dated 17.9.2015 issued by the 2nd respondent stating that the name of the vendor i.e. State Financial Corporation is not reflected in the Form-IB and adangals and also the pattadar pass book and title deeds as arbitrary, illegal and consequently direct the 3rd respondent to register and release the sale deed (pending document no.P99/2021) dated 18.10.2021 by setting aside the refusal order, dated

25.10.2021.

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for the respondents.

3. The contention of the petitioners is that the land and the buildings admeasuring in an extent of Ac.6.03cents comprising of Ac.0.66cents in Sy.No.40/A2, Ac.2.48cents in Sy.No.40/A3, Ac.1.33cents in Sy.No.40/A5, Ac.0.67cents in Sy.No.40/A7 and Ac.0.89cents in Sy.No.40/A8 situated at Chinarangapuram village, Pulivendurla Mdnal, Y.S.R.Kadapa District (herein after to be referred to as subject property) originally belongs to one Sri Bhaskar Rami Reddy. He is the proprietor of M/s. Bhaskar leathers, Chinnarangapuram village, Pulivendula Mandal, Y.S.R.District in favour of the Andhra Pradesh State Financial Corporation on

25.02.1991 by depositing the original title deeds bearing registered sale deeds document nos.397/1991 dated 20.02.1991, 992/1990 dated 23.4.1990 rectification deed document nos.1860/1991 and 1861/1991 dated 04.10.1991 and 211/1991 dated 30.01.1991 and created equitable mortgage in his favour. When committed default in payment of instalments, interest and other expenses accrued thereon from time to time, the State Financial Corporation was constrained to initiate proceedings under the provisions of the State Financial Corporation Act, 1951 for recovery of the loan sanctioned in favour of M/s. Bhaskar leathers and sold the subject property through public auction held in pursuance of the sale notice dated 23.11.2006.

4. Accordingly, husband of the 1st petitioner late B.Pulla Reddy became the highest bidder for a sum of Rs.6,50,000/- and accordingly having accepted the bid and issued sale letter No.AFC/CVP/MR&R/2006-07/2048 dated 09.02.2007. Husband of the 1st petitioner has paid the entire amount and purchased the subject property as is where is condition basis and the possession of the schedule property was also given to him by recording the panchanama dated 15.3.2007. Subsequently, husband of the 1st petitioner has also availed loan of a sum of Rs.3,25,000/- by deposing the sale certificate issued in his favour. After that he paid entire amount to the Andhra Pradesh State Financial Corporation as per the terms and conditions of hypothecation deed and trying to got execute sale deed in favour of the petitioner. During the course he died on 12.12.2013 leaving the 1st petitioner and other petitioners as legal heirs. It is not in dispute that the 1st petitioner is the wife and the petitioners 2 to 5 are the children of deceased B.Pulla Reddy.

The Tahsildar, Pulivendula Mandal has also issued family member certificate on 28.12.2020 that they are the family members of late B.Pulla Reddy. Basing on the above said documents the petitioners approached the respondent no.2 for registration of the sale certificate in favour of the petitioners as legal heirs and the State Financial Corporation is ready to execute the registration of the said document and the same was also presented on 18.10.2021. But the 2nd respondent has refused to register and release the said documents and passed refusal order on 20.10.2021 with the following reasons.

1. As per the instructions of the Commissioner &

Inspector General of Registration & Stamps, A.P., Hyderabad issued in Circular Memo No.G1/9732/2013 dated 17