APHC010477042024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24753 OF 2024 Between: Bank of Baroda, Rep. by its Chief Manager/ Authorised Officer, MSME Branch, Vijaya Complex, Dharavari Thota, 4**^ line, Ongole, Praksama District -523 001. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps & Registration Department, Secretariat, Velagapudi, Guntur District. 2. The Sub Registrar, Santhanuthalapadu, Prakasam District. 3. Deputy Assistant Commissioner(ST), Commercial Taxes Department, Ongole-I Circle, Ongole, Prakasam District. 4. M/s. Venkata Ramana Granites, Rep. by its proprietor Mr.Dande Nageswar Rao, Sy.No.99/1, Plot No.44, North side of Tobacco Board, Ongole, Prakasam District-5230 002. 5. Mrs. Dande Venkata Ramana Kumari, W/o.Nageswara Rao, 7-13(1), Srinivasa Colony, Near Sai Baba Temple, Lawyerpet, Ongole, Prakasam District-523 002. ...RESPONDENTS r 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, directing the 3'^ respondent not to interfere with the sale proceedings of the petitioner Bank over the property belongs to the defaulter borrowers - the Respondents 4 and 5 herein under the provisions of SARFAESI Act, 2002 as amended in 2016 and also directing the 2"^^ Respondent to register the Sale Certificate that may be issued on behalf of the Petitioner Bank in favour of the proposed Auction purchaser/s by way of execution of Registered Sale Deed in respect of properties covered under Item Nos. 1,2,3,4. iA 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 directing the 2^^ Respondent to register the Sale Certificate that may be issued on behalf of the Petitioner Bank in favour of the proposed Auction purchaser-is by way of execution of Registered Sale Deed In respect of properties covered under item nos. 1,2,3,4 pending disposal of the above writ petition. Counsel for the Petitioner: Ms. M.VINODIN RUTH representing SRI SATYANARAYANA DHARA Counsel for the Respondent Nos.1 & 2:GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: GP FOR COMMERCIAL TAX Counsel for the Respondent Nos.4 & 5:— The Court made the following order: f' APHC010477042024 Bench Sr.No:-89 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 24753 of 2024 Bank of Baroda ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner Ms. M. Vinodin Ruth representing Mr. Satyanarayana Dhara Advocate(s) for Respondent(s): GP for Registration and Stamps for R.1 & R.2 GP for Commercial Tax for R.3 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 21®'July 2025 P C : Learned counsel for the parties agree that the issue in the present petition is directly covered by our judgment and order rendered in the case of Central Bank of India v. The State of Andhra Pradesh others W.P.No.12247 of 2024 decided on 21.05.2025] wherein in paragraph No.14 we had observed as under: re 14. Applying the ratio of the judgment supra to the facts of the present case, it can be seen that now there is a specific provision providing for priority in favour of the secured creditors, to realize the secured debts, due and payable to them. \ \ 2 HCJ & RC, J WP_24753 2024 over all other debts and Government dues, hesitation to hold that the right of the petitioner Bank to we have no recover over were sought to be recovered by the respondent State under the provisions of the A.P. Value Added Tax Act, 2005." its dues by sale of the secured asset would have priority the arrears which Be that as it may, the present petition is allowed in terms of the aforesaid judgment and order holding that the right of the petitioner bank recover its dues by sale of the secured asset would have priority over the arrears which were sought to be recovered by the respondent State under the provisions of the A.P. Value Added Tax Act, 2005. No order as to costs. to Miscellaneous applications pending, if any, shall stand closed. Sd/- U. SRlDEVi ASSISTANT REGISTRAR //TRUE COPY// fiiSoJFICER SEC To, 1. The Principal Secretary, Stamps & Registration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Sub Registrar, Santhanuthalapadu, Prakasam District. 3. The Deputy Assistant Commissioner (ST), Commercial Taxes Department, Ongole-I Circle, Ongole, Prakasam District. 4. One CC to Sri Satyanarayana Dhara, Advocate [OPUC] 5. Two CCs to GP for Commercial Tax, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb 1 HIGH COURT DATED:21/07/2025 ORDER WP No. 24753 OF 2024 Allowing the w.p. without costs >Nv