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High Court of Andhra Pradesh · body

2025 DAILYLAW 43473 (AP)

EMANI SUJATHA v. THE STATE OF AP

WP/8582/2025 · 2025-04-08

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8582 OF 2025 Between: Emani Sujatha, aged 54 years, Female, Occ House wife Brahmamgari temple street, Kaikaluru (V) and (M), Eluru District. Erstwhile Krishna District. R/o.D.No.7/205, ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to government, (Stamps and Registration Department). A.P. Secretariat, Velagapudi, Amaravathi. Guntur District. The District Collector, Eluru. Eluru District. The Sub-Registrar, Stamps and Registration Department), Kaikaluru. Eluru District. Erstwhile Krishna District. Ghantasala Prakasa Rao, Male, aged. 50 years, S/o. Late Desinga Raju, R/o.Eluru Road, Kaikaluru (V) and (M), Eluru District, Erstwhile Krishna District. Chitturi Rammohan, S/o. Venkata Ranga Rao, Male, aged 58 years, R/o. Kaikaluru (V) and (M), Eluru District, Erstwhile Krishna District. 2. 3. 4. 5. ...RESPONDENT/S Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, order or orders and direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.3 colluded with Respondent No.4 and Played fraud committed material irregularity in issuing valuation certificate dated 25/4/2023 for E.P. Schedule property of two R.C.C. buildings in an extent of Ac.0.5 1/3 cents situated in Kaikaluru (V) and (M), market value is more than Rs.1,25,00,000/- and due amount is Rs.10,49,500/-. Property value is more than 9 times to the due amount, in E.A.No.25/2023 in I.A.No.1/2019 m O.S.No.178/2014 on the file of Civil Judge (Senior Division), Kaikaluru orders dated. 2-4-2024 and sale dated 27/4/2023 as highly illegal, arbitrary and contrary to law and clear vioiatton of Articles 14 may and 21 and 300A of the Constitution of India and clear vioiation of Principles of Natural Justice and consequently to set aside sale dated: 27/4/2023. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court pleased to grant interim may be suspension of sale dated;27/4/2023 in E.A.No.25/2023 in E.P.No.1/2019 in O.S.No.178/2014 on the file of Civil of the above writ Judge (Senior Division) Kaikaluru pending disposal petition. Counsel for the Petitioner: SRI. B P RAJU STa!wPS^°'^ Respondents No.1 to 3; GP FOR REGISTRATION Counsel for the Respondents No. 4 & 5: None appeared The Court made the following Order: AND ^ •/ / ^ COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8582/2025 APHC010157452025 IN THE HIGH [3329] ai¥is THE HONOURABLE SRI Between; ...PETITIONER Emani Sujatha AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.B P RAJU Counsel for the Respondent(S); for REGISTRATION AND STAMPS The Court made the following: 1.GP THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PFTITIQN NO: 8582/2025 ORDER; This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one :.i the nature of Writ of Mandamus declaring the action of Respondent No.3 colluded with Respondent No. 4 and Played fraud and committed material Irregularity in issuing valuation certificate dated 25.04.2023 for E.P. Schedule property of two R.C.C. buildings in an extent of Ac.0.5 1/3 cents situated in Kaikaluru Village and Mandal, market than 9 times to the due amount in in value IS more E.A.No.25/2023 In I.A.No.1/2019 in O.S.No.178/2014 on the file of Civil Judge (Senior Division), Kaikaluru orders dated 02.04.2024 and sale dated 27.04.2023 as highly illegal, arbitrary and contrary to law and clear violation of Articles 14, 21 and 300-A of the Constitution of India and clear violation of Principles of Natural Justice and consequently to set aside sale dated 27.04.2023 and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the official respondents. 3. Learned counsel for the petitioner submits that the petitioner filed the present writ petition challenging the execution of sale certificate issued by the Court below in E.P.No.1 of subject 2019 in O.S.No.178 of 2014 on the file of the Civil Judge (Senior Division), Kaikaluru dated 02.04.2024 by way of material alteration and fraud. For which, learned counsel for the petitioner relied upon market value certificates issued by respondent No.3 on 08.08.2022 collusion with and 25.04.2023. By that respondent No.3 in 3 respondent Nos.4 and 5 has issued certificates. By which the subject sale certificate was fraudulently issued and liable to be cancelled. 4. On the other hand, learned Government Pleader submits that the market value certificates said to have been issued by the 3'"^ respondent is borne out of the website of respondent No.1. The valuation of each certificate is basing upon the particulars of the subject property against which the market value is sought for. On perusal of the certificates, it indicates that the property particulars for which the market value certificate sought for is different from one to one. The particulars provided in page No.32 of the writ affidavit is D.No.75 an extent of 278.3 Sq. yards and the construction area is 2400 Sq. feet and that is at semi finishing stage. Whereas survey number and extent mentioned in page No.33 of the writ affidavit is D.No.205, 205/1 and build up area is only 350 sq. feet. The valuation certificates bifurcates the land cost as well as structure costs. Once the property is different from one to one, it cannot be said that the market value is not tallied for the year 2022-2023. Basing upon that, the petitioner cannot be found fault with the respondents and cannot be said that they fraudulently issued the certificates. 5, Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader and on perusal of the material placed on record, the allegation of the petitioner is that there are material alternations and by which the 3'""' respondent committed fraud is only a and issued sale misunderstanding the and without any basis. certificate at lower particulars of two On perusal of both appears that the page 32 and 33 rate presumption properties by the petitioner the certificates filed property details i, not one and the cannot be issued for same. or along with the writ petition, it e., door numbers mentioned at are same. Therefore same market valu e certificate are not one and the both properties as both 6. On the other hand, i't is observed that the from the website said certificates of respondent No. 1 As are digitally born certificates such either the 3 rd respondent or the other values respondents can neither alter nor change the once it was uploaded in website. Therefore, the allegation of the petitioner that there i - IS collusion and is baseless and undervaluation of the property of the petitioner i with perversion only. Hence moreover the and the writ petition i the petitioner is not entitled for any relief and presenl writ petition is filed without due is devoid of merits. Accordingly, the Writ process of law 7. Petition i's dismissed. There shall be no order as to costs. As a also stand closed. sequel miscellaneous application. pending, if any, shall Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. One CCto Sri. B P Raju, 2. Two CCs to GP for REGISTRATION Andhra Pradesh. [OUT] 3. Three CD Copies Advocate [OPUC] and STAMPS ,High Court Of f HIGH COURT DATED:09/04/2025 ORDER WP.No.8582 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS