• i 4 ‘i APHC010391392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE -t AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20493 OF Between: Union Bank of India, Asserts Recovery Branch Vijayawada - 1 Rep by its Authorized Officer. RR Appa Rao Street, ...Petitioner AND 1. The State of Andhra Pradesh Rep. by the Secretary, Stamps and Registration Secretariat, Velagapudi, Andhra Pradesh 2. The Sub Registrar, - Kankipadu Registration Kankipadu Mandal, Krishna District. of Stamps and Revenue 3. M/s Harshitha Cartons Pvt Ltd Ravi, Door No.9-149, Salipeta, Poranki and Mandal, Krishna District - 521 137 4. M/s Harshitha Packages, Rep by its Proprietor Gurrala Ravi No. 10-145, Salipeta, Poranki Village, Penamaluru Krishna District PIN 521 137 5. M/s Harshith Print Packs, Rep by its Proprietor Gurrala Ravi No.10-45, Salipeta, Poranki Village, Penamaluru Village and Mandal Krishna District 521 137 Rep by its Managing Director Gurrala Village, Penamaluru Village Door Village and Mandal, Door 6. Gurrala Ravi, S/o Prakasa Rao Door No.9-149, Salipeta, Poranki Village, Penamaluru Village and Mandal, Krishna District 521 137 7. Gurrala Suresh, S/o Prakasa Rao Door No.10-147, Salipeta, Poranki Krishna District 521 137 S/o Dhanalakshmi Prasad Road, Besides Aplu ,, Village, Penamaluru Village and Mandal ^ 8. Godavarthi Venkata Kasi Pradeep Kumar, Flat No.6, Sneha towers Tikkale Convention, Vijayawada, NTR District Gupta 9. Potha Raju Mannem, S/o Subba Vijayawada-520007 Rayudu C/o.108 APPIC Colony ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ or Order the High Court may be or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd Respondent in registering the Sale Certificate dated 05.12.2023 issued by the Petitioner Bank under the provisions of SARFAESI Act in relation to the auctioned property of land admeasuring an extent of 245 sq.yds of residential site building situated at Door No.9-149, Assessment No.1650, R.S.No.454/8A3, Salipeta, Poranki Village and Gramapanchayat, Penamaluru Mandal, Krishna District along with all the constructions, improvements, easementary rights on the pretext that Respondent No.8 has and existing and appurtenant thereon obtained an order of attachment before Judgment on the said property passed in I, A. No. 52 of 2024 in O.S.No.67 of 2024, dated 22.01,2024 file o' the Hon'ble III Addl. on the Junior Civil Judge, Vijayawada against the Respondents No.6 AND 7 and of prohibited the said property has been included in the list properties as illegal and Respondent to register the Sale Certificate i consequentially to direct the 2ND issued by the Petitioner Bank provisions of the Securitization and Reconstruction under the Assets and Enforcement of Security Interest of Financial Act, 2002 in favour of the 9TH Respondent in relation to the said property pertaining to the Schedule properties of Mortgage deed Doct.No.912/2017, dated 14.03.2017. lA NO: 1 OF 2025 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 pass Interim orders pending disposal of the Writ Petition directing the 2 Respondent to register the Sale Certificate dated 05.12.2023 issued by the Petitioner Bank under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002 in favour of the 9th Respondent in relation to the property. nd Counsel for the Petitioner: VEMURU VP LAKSHMINARASIMHA MURTHY Counsel for the Respondent Nos. 1 and 2: GP FOR REGISTRATION AND STAMPS The Court made the following order: i APHC010391392025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-23 [3483] SMS AT AMARAVATI sm- WRIT PETITION NO: 20493 of 2025 Union Bank of India ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner Mr. Vemuru VP Lakshminarasimha Murthy GP for Registration and Stamps for RF.1 & R.2 Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : August, 2025 DATE P C : The issue as to whether the registering authority can refuse to register the sale certificate on account of an order of attachment is already settled by this Court in M/s. Manasa Hotels Private Limited others! v. Union of India and The judgment and order supra had followed the view expressed by the erstwhile High Court of Andhra Pradesh in City Union Bank Ltd. Registrar, Peddapalli, Karimnagar district and others^. v. Sub- ^ W.P. No. 12458 of 2024, dated 04.12.2024 ^ 2018 see Online Hyd 370 2 HCJ & RC, J WP 20493 2025 The ratio of the judgments supra is that attachments effected subsequent to the mortgage created in favor 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 provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Be that as it may, having already expressed a view by this Court in the case of M/s. Manasa Hotels Private Limited (supra), we allow this petition and direct the respondent - registration authorities to register the sale certificate in accordance with the provisions of the Registration Act, 1908, on payment of the requisite registration fee, notwithstanding the existence of the order of attachment, dated 10.01.2024, passed by the III Additional Junior Civil Judge, Vijayawada, in OS.No.67 of 2024. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAiK MOHD. RAFi ASSISTANT REG1STR.AR //TRUE COPY// ^SECTION OFFICER To, 1. The Secretary, Stamps and Registration, State of AP, Secretariat, Velagapudi, Andhra Pradesh 2. The Sub Registrar, Kankipadu Registration of Stamps and Revenue, Kankipadu Mandal, Krishna District. 3. The Managing Director Gurrala Ravi, M/s Harshitha Cartons Pvt Ltd, Door No.9-149, Salipeta, Poranki Village Mandal, Krishna District - 521 137 4. The Proprietor Gurrala Ravi, M/s Harshitha Packages, Door No.10-145, Salipeta, Poranki Village, Penamaluru Village and Mandal, Krishna District PIN 521 137 Penamaluru Village and 0 5. The Proprietor Gurrala Ravi, M/s Harshith Print Packs, Door No. 10-45, Salipeta, Poranki Village, Penamaluru Village and Mandal, Krishna District 521 137 6. One CC to [OPUC] 7. Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSC Sri. Vemuru VP Lakshminarasimha Murthy Advocate HIGH COURT DATED:05/08/2025 ORDER WP NO. 20493 OF 2025 Sf 19 AUG 2025 )S ALLOWING THE WP WITHOUT COSTS