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2025 DAILYLAW 48754 (AP)

PUTTI KOTESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/1387/2025 · 2025-07-24

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010022652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) k FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1387 OF 2025 Between: Putti Koteswara Rao, S/o Ramarao Aged about 51 years Resident of D.No.1-163, Perikeedu Krishna District, Andhra Pradesh-521105 ...Petitioner AND 1. i he State Of Andhra Pradesh, Rep. by its Principal Secretary Registration and Stamps department Amaravathi, Guntur District The District Registrar, Machilipatnam, Krishna District The Sub-Registrar, Kanumolu Krishna District-521106 Canara Bank, Kanumolu Branch Rep. by its Authorized Officer Kanumolu, Krishna District, Andhra Pradesh Vemula Krishna Arjun, S/o Ramarao, Aged 36 years R/o D.No. 3-126, KS Talkis Road, Bapulapadu Village and Mandal, Krishna District Secretariat Buildings 2. ^ 3. 4. 5. ...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 Respondents particularly Respondent no.3 in not receiving and registering Sale Certificate dated / f / 09.10.2024 for the schedule Property issued by the 4th respondent in favour of the petitioner under the SARFAESI ACT 2002 under the guise of the prohibition on the basis of ad interim injunction order dated 09.08.2024 passed by the Ld. Principal Civil Judge (Junior Division), Nuzvid in lA No.337 of 2024 in OS 209/2024 as being arbitrary, illegal and contrary to the relevant rules and in violation of fundamental rights of the petitioner under Art. 14,19, 21 and 300-A of the Constitution, apart from being without jurisdiction and in violation of the provisions of the SARFAESI ACT, 2002 and Registration Act, 1908 and rules made thereunder and consequently direct the respondents, particularly respondent no. 3 to receive, register and release the sale certificate dated 09.10.2024 when presented by the petitioner, in accordance with law, without refusing to register the same on the ground of prohibition on the basis of ad interim injunction order dated 09.08.2024 passed by the Ld. Principal Civil Judge (Junior Division), Nuzvid in OS 209/2024 in respect of the schedule property in the interests of justice. 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 Fligh Court may be pleased to direct the respondent no.3 to receive the sale certificate dated 09.10.2024 for registration when presented by the petitioner, in accordance with law, and not to refuse registration of the sale certificate dated 09.10.2024 on the ground of prohibition on the basis of ad interim injunction order dated 09.08.2024 passed by the Ld. Principal Civil Judge (Civil Judge), Nuzvid in OS 209/2024 in respect of the schedule property in the interests of justice. Counsel for the Petitioner: SRI PAWAN KUMAR MALAPATI Counsel for the Respondent Nos.1 to 3: GP FOR REGISTRATION AND stamps Counsel for the Respondent Nos.4 to 5: NONE APPEARED Counsel for the Respondents: SRI T B L MURTHY The Court made the following order: APHC010022652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1387/2025 Between: 1.PUTTI KOTESWARA RAO, S/0 RAMARAO AGED ABOUT 51 YEARS RESIDENT OF D.NO.1-163, PERIKEEDU KRISHNA DISTRICT, ANDHRA PRADESH-521105 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REGISTRATION AND STAMPS DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT REGISTRAR, MACHILIPATNAM, KRISHNA DISTRICT 3.THE SUBREGISTRAR, KANUMOLU 521106 4.CANARA BANK, KANUMOLU BRANCH AUTHORIZED OFFICER ANDHRA PRADESH 5.VEMULA KRISHNA ARJUN, S/0 RAMARAO, AGED 36 YEARS R/0 D.NO. 3-126, KS TALKIS ROAD, BAPULAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT KRISHNA DISTRICT- .REP. BY ITS KANUMOLU, KRISHNA DISTRICT, / ...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 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 Respondents particularly Respondent no,3 in not receiving and registering Sale Certificate dated 09,10.2024 for the schedule Property issued by the 4th respondent in favour of the petitioner under the SARFAESI ACT 2002 under the guise of the prohibition on the basis of ad interim injunction order dated 09.08.2024 passed by the Ld Principal Civil Judge (Junior Division), Nuzvid in lA No.337 of 2024 in OS 209/2024 as being arbitrary, illegal and contrary to the relevant rules and in violation of fundamental rights of the petitioner under Art 14 19 21 and 300-A of the Constitution, apart from being without jurisdiction ’ in violation of the provisions of the SARFAESI Registration Act, 1908 and rules made thereunder and consequently direct the respondents, particularly respondent no. 3 to receive register and release the sale certificate dated 09.10.2024 when presented by the petitioner, in accordance with law, without refusing to register the same aVa® nlT" ‘h® b^sis of ad interim injunction order dated 09.08.2024 passed by the Ld. Principal Civil Judge (Junior Division), Nuzvid in OS 209/2024 in respect of the schedule the interests of justice and to lA NO: 1 OF 2Q2fi and ACT, 2002 and property in pass stated t r Ta®' Circumstances stated the affidavit filed in support of the petition, the High Court may dated 09.10.2024 for registration when presented by the petitioner in d"te°d oT^O 202?“’ r? ce^aie mjunction order^ro^O^o;:“Tr orPriLirZ inVin^^s^^rand“ " to pass 0 Counsel for the Petitioner: 1. PAWAN KUMAR MALAPATI Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS 2.T B LMURTHY The Court made the following: ORDER Learned counsel for petitioner seeks permission of this Court to withdraw the writ petition. Permission, as sought for, is accorded. Accordingly, the Writ Petition is Dismissed as Withdrawn. No costs. As a sequel, all the pending miscellaneous petitions, shall stand closed. ... SRINWAS REGIS RAR SECTION OFFICER Sdl-M assistant //TRUE COPY// To, 1. One CC to Sri. Pawan Kumar Malapati, Advocate [OPUC] 2. Two CCs to GP For Registration And Stamps, High Court of Andhra Pradesh [OUT] 3. One CC to Sri. T B L Murthy, Advocate [OPUC] 4. Two CD Copies. AL •» HIGH COURT DATED:25/07/2025 ORDER WP NO. 1387 OF 2025 DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS