IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ WEDNESDAY. THE NINETEENTH DAY OF FEBRUARY M TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 484 OF 2024 Between: M/s. Hinduja Housing Finance Ltd, Rep. by its Authorised Signatory, No.27/A, Developed Industrial Estate, Guindy, Chennai-600032, one of the Offices at 19 Towers, 2nd Floor, Ranigunj, Secunderabad ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Stamps and Registration Department, Amaravati. Secretariat Velagapudi 2. The State of Telangana, Rep by its Principal Secretary, Registration and Stamps Department, Telangana Secretariat, Hyderabad, Telangana State. 3. The Joint Sub Registrar, Malkajgiri, Malkajgiri Mandal, Medchal District, Telangana. 4. The Court of the Deputy Registrar of Chits and Arbitrator, District Registrar of Chits, Kakinada, East Godavari District. M/s Margadarshi Chit Funds Private Ltd Manager/Foreman Mr.Dasari Prasad, Kakinada. 6. Udaya Sree Kallepalli, W/o Nagaraju Kallepalli, H.No.45-267/5A, Rajanagar, Malkajgiri, Secunderabad, Aslo at Flat No.501, 5th Floor, Sy.No.378, Manidweep Residency, Chandanbagh, Kobe Moulali’ Malkajgiri, Hyderabad-500040 5. The Re.by its 7. Kallepalli Nagaraju, S/o K.Sitaramamurthy Raju Aged 43 Years, Junior Clerk, 0/c Sports Officer, RRC complex, S C Railway, Secunderabad R/o D.N0.45-267/5A, Raja Nagar, Moula Ali, Hyderabad. 8. M/s Sri Mahalakshnii Enteiprises, rep. by its Partners, Kallepalli Udaya Sree andKallepalli Venkata Satya Mahesh Varma, D.N0.45-267/5A, Plot NO. 15, Raja Nagar, Hyderabad. 9. Bikanu Nagaraju, S/o B.Anand, Aged 42 Years, Office Superintendent, 0/c Chief Material Manager, RRC complex, S C Railway, Secunderabad R/o Plot No. 14/A, Indan Air Lines Colony, Tirumalagiri, Secunderabad, Telangana State. 10. Nagaraju Ramesh, S/o N.Rajesham, Aged 35 Years, SRTNC Sports Officer, RRC Sport Complex, S C Railway, Secunderabad R/o Plot No^ 131, Road No.5N, Kirshan Nagar Colony, Moula Ali, Hyderabad 11.Mr.Aska Joshua Raj Kumar, S/o A.Shanthkumar, R/o5-8-42/19/C, Godavari Gardens, JJ Nagar, PO, Yapral, Secunderabad, TSi 500087.(Auction Purchaser) ...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 declaring the action of the 4th Respondent in passing notice cum attachment conditional order dated 20.06.2019 and the action of the 3rd Respondent in placing the subject property of semi finished Flat No.501 having built up area of 1021 S.Ft and undivided share of 44.50 Sq.Yards out of 890 Sq.Yards, 5th Floor, Manidweep Residency, Sy.No.378, Chandanbagh, Kobe Moulali, GHMC limits, Malkajgiri, Hyderabad mortgaged/secured in favor to the Petitioner/ Secured Creditor in Prohibited Property list basing on notice cum attachment conditional order dated 20.06.2019 and refusing to receive and register sale certificate of the subject property as arbitrary, illegal, unjust, unfair, unreasonable, excessive, violative of the principles of natural justice and violation of the fundamental and constitutional rights guaranteed under the Constitution of India and p nullify the same and consequently direct the 3rd Respondent to remove the subject property of semi finished Flat No.501 having built up area of 1021 S.Ft and undivided share of 44.50 Sq.Yards out of 890 Sq.Yards, 5th Floor' Manidweep Residency, Sy.No.378, Chandanbagh, Kobe Moulali, GHMC limits, Malkajgiri, Hyderabad mortgaged/secured in favor to the Petitioner/ Secured Creditor from the Prohibited Property list and receive and register the sale certificate in favor of the successful auction purchaser. lA NO: 1 OF 2024 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 suspend the notice cum attachment conditional order dated 20.06.2019 passed by the 4 Respondent on the subject property of semi finished Flat No.501 having built up area of 1021 S.Ft and undivided share of 44.50 Sq.Yards out of 890 Sq.Yards, 5*^ Floor, Manidweep Residency* Sy.No.378, Chandanbagh, Kobe Moulali, GHMC limits, Malkajgiri, Hyderabad mortgaged/secured in favor to the Petitioner/ Secured Creditor. lA NO: 2 OF 2024 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 direct the 3rd Respondent to remove the subject property of semi finished Flat No.501 having built up area of 1021 S.Ft and undivided share of 44.50 Sq.Yards out of 890 Sq.Yards, 5th Floor, Manidweep Residency, Sy.No.378, Chandanbagh, Kobe Moulali, GHMC limits, Malkajgiri, Hyderabad mortgaged/secured in favor to the Petitioner/ Secured Creditor from the Prohibited Property list and receive & register the sale certificate in favor of successful auction purchaser. #• Counsel for the Petitioner: SMT. A V S LAXMI Counsel for the Respondent No.1: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent Nos. 2 to 11: — The Court made the following: ORDER ^PHC010004632024 COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-2 [3483] WRIT PETITION NO: 484 of 2024 M/s. Hinduja Housing Finance Ltd, ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Petitioner: Smt. A. V. S. Laxmi Advocate(s) for Respondent(s): GP for Registration and Stamps CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 19.02.2025 PER DHIRAJ SINGH THAKUR. CJ: The present writ petition has been filed seeking the issue of writ of mandamus to the registering authority to receive and register the sale certificate in respect of a property which was sold by invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Act”). 2. The contention of the learned counsel for the petitioner is that the l registering authority was refusing to register the sale certificate in view of the order of attachment, dated 20.06.2019, issued by respondent No.4. It is stated that the property in question ought to be unaffected by the order of attachment passed by respondent No.4, in view of the fact that the mortgage in regard to the property in question had been effected much prior thereto. 2 HCJ a RC” W.P. No: 484 Of 2024. While we have already taken a view in the case of M/s. Manasa Hotels Private Limited v. Union of india and others^ that if the mortgage of a 3. property, which becomes a subject matter of sale under the Act, precedes the order of attachment, then notwithstanding the order of attachment, the registering authority would be under an obligation to register the sale certificate. In the ordinary circumstances, we would have followed the 4. aforementioned view, had the property in question been within the territorial jurisdiction of this Court. However, in the instant case, not only is the property, which is the subject matter of sale, situate in Hyderabad but also the authority against which the mandamus is sought i.e., registering authority, is also situate in Hyderabad in the State of Telangana. This Court, therefore, clearly has no territorial jurisdiction to entertain the present writ petition, which is accordingly dismissed for want of jurisdiction. It would be open to the petitioner to approach the appropriate forum. No costs. Pending miscellaneous applications, if any, shall stand closed. T Passed in WP No. 12458 of 2024, dated 04.12.2024 Sd/- M. SRINIVAS ASSISTANT REGISTI^R //TRUE COPY// SECTION OFFICER To, 1. One CC to Smt. A V S Laxmi Advocate [OPUC] 2. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT] 3. Three CD Copies TF i HIGH COURT DATED:19/02/2025 ORDER WP.No.484 of 2024 gP g 0 3 MAR 2025 ^ ^ Current Section , ^ 60 DISMISSING THE W.P., WITHOUT COSTS