IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) A TUESDAY, THE TWENTY FIFTH DAY OF FEBRUAR'fe TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12105 OF 2024 Between: Makala Suresh, S/o.Manikyam, Aged about 45 years, Occ. Business, R/o.H.No.7-198, Balaji Nagar, Chataparru Road, Eluru, Eluru District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Stamps and Registration Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Registrar, Eluru, Eluru District. 3. The Joint Sub-Registrar, Eluru, Eluru District. 4. Samudrala Leela Maheswara Rao, S/o.Venkata Madhusudhana Rao, R/o.H.No.23-7-15, Vasavi Street, R.R.Pet, Eluru, Eluru District. 5. Kanaka Mahalakhmi Cooperative Bank Limited Akkaiahpalem Branch, Visakhapatnam, Visakhapatnam District Rep by its Authorized Officer. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.3 in trying to receive and process the document for the registration in respect of the house bearing No.23-7-15, extent 63 Sq.Yards consisting of three storied building situated in TS No.2282/2, Vasavi Street, Ramachandraraopet, Eluru. Eluru District even in spite of the said property is>atticfted by the Principai Senior Civil Judge, Eluru in l.A.No. 1762/2018 is entered in the list d^^o.346/2018 dated 29-09-2018 and the same maintained by the 3rd Respondent and the said . in'A. ' * ^ prohibitory properties attachment is under continue in view of the decree of the suit as prayed for to be initiated as arbitrary, illegal and and execution proceedings are 21 and 300-A of the Constitution of India and violation of Article 14, 19 consequently direct the Respondent No.3 not to entertain any document for registration in respect of the house bearing No.23-7-15, extent 63 three storied building situated in TS No.2282/2 Sq.Yards consisting of Vasavi Street, attachment is continue competent court of law in the interest of justice. Ramachandraraopet, Eluru, Eluru District as long as the and the claim of the Petitioner is settled before the lA NO: 1 OF 2024 under Section 151 CPC praying that in the circumstances Petition stated in the affidavit filed in support of the petition, the High Court may be direct the Respondent No.3 not to entertain any document for of the house bearing No.23-7-15, extent 63 Sq. pleased to registration in respect Yards consisting street, Ramachandraraopet, Eluru, Eluru District pending disposal of the of three storied building situated in TS No.2282/2, Vasavi Writ Petition in the interest of justice. Counsel for the Petitioner: SRI P. NAGENDRA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.4:— Counsel for the Respondent No.5: SRI S.V.R. SUBRAHMANYAM The Court made the following: ORDER * APHC010236462024 Bench Sr.No:-34 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 12105 of 2024 Makala Suresh ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner Mr. K. Sazid appeared vice Mr. P. Nagendra Reddy GP for Registration and Stamps, Mr. S. V. R. Subrahmanyam Advocates for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 25th February 2025 PC : The present Writ Petition has been filed seeking relief in the nature of a Writ of Mandamus with a view to direct respondent No.3 - the Joint Sub- Registrar, Eluru District, not to entertain any document for registration in respect of house bearing No.23-7-15 situate in T.S.No.2282/2, Vasavi Street Ramachandraraopet, Eluru, Eluru District, primarily on the ground that the petitioner has filed a Civil Suit bearing No.346 of 2018 in which the Civil Court has passed an order of attachment/injunction, dated 09.11.2018. 2. It appears that the property in question has since been sold in an auction conducted by Kanaka Mahalakshmi Co-operative Bank UmWedlvespondent. Uo.S heTe\n m favour of fbe auction purchaser, who has yet not been impleaded as paiiy respondent in the present writ petition. 2 HCJ & RCJ W.P.No.12105 of 2024 The issue as to whether the registering authority can refuse to 3. register the sale certificate on account of an order of attachment is already settled by this Court in its judgment and order, dated 04.12.2024, in the case of M/s. Manasa Hotels Private Limited Vs. Union of India and others\ The judgment and order supra had followed the view expressed by the erstwhile High Court of Andhra Pradesh in the case of City Union Bank Ltd. \/s. Sub- Registrar, Peddapalli, Karimnagar District and others^. The ratio of the judgments supra is that attachments affected subsequent to the mortgage created in favour of the secured creditor do not affect the rights of the secured creditor over the subject property and such attachments have no impact on the sale conducted under the SARFAESI Act 2002. Following the aforementioned view already taken, we find no 4. merit in the present petition, which is, accordingly, dismissed. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed. ^ W.P.No.12458 of 2024 ^ 2018 see Online Hyd 370 SDI- K l<AS(RAO ASSISTANT REGI^AR SECffON OFFICER ACHARI //TRUE COPY// To, 1. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] 2. One CC to Sri S.V.R. Subrahmanyam, Advocate[OPUC] 3. Two CCs to GP for Registration and Stamps and Registration, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies. HIGH COURT DATED:25/02/2025 '&^OfANOi^. ORDER „5 0 5 MAR 2075 S *v!t ®9i Current Section . "V WP.No.12105of 2024 DISMISSING THE W.P. WITHOUT COSTS