Af APHC010322522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16599 OF 2025 Between: The Federal Bank Ltd., Rep. by its Authorized Officer H.No.8-3-903/10, plot.No. 20, 4th Floor, GVR Legend, Nagarjuna Nagar Colony, Yella Reddy Guda, Hyderabad-500 004. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department Secretariat, Velagapudi, Guntur District. The Sub Registrar, Chittoor, Chittoor District. « Mr Perneni Ramesh Babu, S/o P.Doraswamy Naidu, 6-781/C, Pillar Koli Street, Santhapeta, Chittoor, Andhra Pradesh-517 001. 1. 2. 3. ...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 any appropriate writ, order or direction more preferably a writ in the nature of Writ of Mandamus declaring that the inaction of the 2nd Respondent in not registering the Sale Deed on behalf of the petitioner Bank a in favour of 3rd Respondent/Auction purchaser/bidder, which is in violation of the provisions of the enforcement of security interest and recovery of debts laws and miscellaneous provisions (Amendment Act 4 of 2016 at 44 of 2016), prohibiting the 2nd Respondent as violative of the principals of natural justice and in contravention of the Provisions of Act 44 of 2016. ^ lA N0i10F2^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to directing the 2nd Respondent forthwith to register the sale certificate behalf of the Petitioner Bank in favour of 3rd Respondent in respect of the schedule property under mortgaged with the petitioner Bank disposal of the above writ petition. Counsel for the Petitioner: SRI SATYANARAYANA DHARA - Counsel for the Respondent Nos. 1 and 2: GP FOR REGISTRATION AND STAMPS The Court made the following order: on pending 'APHCOI0322522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-18 [3483] Writ Petition No: 16599 of 2025 The Federal Bank Ltd. ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner: Advocate for Respondents: Mr. Satyanarayana Dhara GP for Registration and Stamps CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 8*'’ July, 2025. PER DHIRAJ SINGH THAKUR. CJ fOrah : The present writ petition has been filed by the petitioner bank challenging the inaction on the part of respondent No.2 - Joint Sub Registrar, Chittoor, in not registering the Sale Deed on behalf of the petitioner bank in favour of respondent No.3, who is the auction purchaser of the secured DATE asset in the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “SARFAESI Act”). The asset was secured by way of mortgage through registered Memorandum of Deposit of Title Deeds dated 29.12.2022. 2. The stand of the petitioner bank is that a collusive suit, bearing O.S.No.32 of 2024 accompanied by I.A.No.47 of 2024, came to be filed by HCJ & RCJ WP 16599 2025 ’ m one D. V. Giri, a third party, against D. Jayasankar, who is the principal borrower, in the Court of XII Additional District Judge, Chittoor. By virtue of order, dated 14.06.2024, an order of attachment came to be passed in the said suit in regard to the property in question. 3. On a perusal of the order of attachment, it can be seen that the plaintiff had claimed that an amount of Rupees One Crore Fifty Lakhs had been borrowed from the plaintiff by the defendant - principal borrower and who had executed a promissory note in favour of the plaintiff on 18.10.2023, along with an un-registered mortgage deed and a post dated check dated 10.06.2024. It is in that backdrop that the order of attachment came to be passed by the Trial Court. . 4. The issue as to whether the registering authority could refuse registration of the sale certificate in accordance with the Registration Act on account of the order of attachment by a Civil Court, when the order of attachment was issued much after the creation of the mortgage has been dealt with by this Court in the case of M/s.Manasa Hotels Pvt. Ltd. Vs. The Union of India and others^ following the view already expressed by a Division Bench of erstwhile High Court of Andhra Pradesh in City Union Bank Ltd. Vs. Sub Registrar, Peddapalli and others.^ 5. Be that as it may, a view having already been expressed by this Bench in the case of Manasa Hotels Pvt. Ltd. (supra), we allow this writ WP_12458_2024, dated 04.12.2024 ^ 2018 see On Line Hyd 370 3 HCJ & RCJ WP_16599_2025 petition and direct the respondents to register the sale certificate in accordance with the provisions of the Registration Act on payment of the requisite registration fee, notwithstanding the existence of the orders of attachment. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- M. RAWJESH BABU DEPUTY REGISTRAR //TRUE COPY// S OFFICER To, 1. The Principal Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Sub Registrar, Chittoor, Chittoor District. 3. One CG to Sri. Satyanarayana Dhara Advocate [OPUC] 4. Two CCs to GP for Registration and Stamps, High Court of Andtlfa Pradesh [OUT] 5. Three CD Copies GSC Jgt HIGH COURT DATED:08/07/2025 ORDER WP NO. 16599 OF 2025 ^ 1 9 JUL 2025 Jm ^SsCumnt ALLOWING THE WP WITHOUT COSTS