APHC010049352024 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’ABLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTrCE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2907 OF 2024 Between: Union Bank gf India, (Erstwhile Andhra Bank) Asset Recovery Branch, Andhra Bank Building, Changalraopeta, Visakhapatnam - 530 001 Represented by its Authorized officer. Email id ubinOSI 7295(@unionbankofindia.bank D. No. 26-15-150, ...Petitioner AND 1. The State of Andhra Pradesh, Represented by Its Principal Secretary Revenue Department Secretariat Velagapudi, Amaravathi, Andhra Pradesh 2. Director and Inspector General of Registration and Stamps, D. No. 5/59, R.K. Spring Valley Apartments, Krishna District, Andhra Pradesh -521151. 3. The Sub Registrar of Assurances, Kankipadu, Krishna District Andhra Pradesh 521151. Mandal, Edupugallu, Kankipadu 4. V V Nagender Babu, S/o Rama Rao Aged about 47 years, C/o S. Chandra Latha, W/o.Rama Kllashna Rao Door No. 40-12-3/5/4F, Venkateshwara Puram, Patamata Lanka, Vijayawada, NTR District. 5. Vankineni Madhavi, W/o V.V. Nagender Babu, Aged about 46 years, C/o S. Chandra Latha, W/o Rama Krishna Rao Door No. 40-12-3/5/4F, Venkateshwara Puram, Patamata Lanka, Vijayawada, NTR District. 6. Vankineni Lohit, S/o V.V. Nagender Babu, Aged about 29 years, C/o S. Chandra Latha, W/o Rama Krishna Rao Door No. 40-12-3/5/4F, Venkateshwara Puram, Patamata Lanka, Vijayawada, NTR District ...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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction and refusal on the part of the Respondent No. 3 to register the Sale Certificate being issued by the Petitioner in favour of the auction purchaser in respect of Plot No. 18-A in R.S. No. ^8, admeasuring 281.42 Square Yards (As per document,264.27 Square Yards (physical) in layout file No. 2/2002, situated at Seethapuram Colony, Poranki Village and Gram Panchayat, Krishna District under SARFAESI Act as arbitrary, illegal, capricious and violative of principles of natural justice and against the provisions of SARFAESI Act,'2002 and the Rules framed there under and Section 48 of Transfer of Property Act and consequently direct the Respondent No.3 to register the Sale Certificate being executed by the Petitioner Bank under SARFAESI Act 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 direct Respondent No. 3 to register the Sale Certificate being issued by the Petitioner in favour of the auction purchaser in respect of Plot No. 18^ in R.S. No. 348, admeasuring 281.42 Square Yards (As per document,264.2y Square Yards (physical) in layout file No. 2/2002, situated at Seethapuram Colony, Poranki Village and Gram Panchayat, Krishna District, pending disposal of the above Writ Petition 0 lA NO: 2 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 order for service of notice on Respondent No. 4 to 6 by substituted service, by way of paper publication in any local news paper. Counsel for the Petitioner: M/S V DYUMANI Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010049352024 IN THE HIGH COURT OF ANDHRA PRADESH at amaravati WRIT PETITION NO: 2907 of 2024 Union Bank of India ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner Mrs. V Dyumani GP for Registration and Stamps for R.1 to R.3 Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICERAVI CHEEMALAPATI : 21®* July, 2025 DATE PC : The present writ petition has been filed by the Union Bank of India seeking a direction against respondent Nos.2 & 3 to register the sale certificate which was executed by the Bank in favour of the auction purchaser - Bobbala Sambasiva rao. The sale was conducted in regard to the property which otherwise belong to respondent Nos.4 & 5 herein who were the guarantors and had mortgaged the property in question with the Bank as a secured asset. On account of the default committed by the principal borrower, the property in question was subjected to auction and sold in favour of the auction purchaser which was followed by a sale letter in his favour. 2 HCJ & RC, J WP_2907_2024 The registering authority is stated to have refused registration earlier the ground that respondent Nos.4 & 5 had since executed a gift deed in favour of their son - respondent No.6 herein and that the sale certificate in law could not be registered. f on However, the stand of the respondents - registering authority in the counter-affidavit is that if the petitioner bank presents the document by paying the required stamp duty in terms of the Indian Stamp Act, 1899, the same would be processed and registered as per the provisions of the Registration Act, 1908. Be that as it may, we dispose of this petition with a direction to the respondent - registration authorities to register the sale certificate in question upon the same being presented by the Bank in the prescribed format and upon payment of such charges as are otherwise required to be paid in terms of the Indian Stamp Act, 1899 and the Registration Act, 1908 and the Rules framed thereunder. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRY //TRUE COPY// SECTTON OFFICER To, Revenue department. State of Andhra 1. The Principal Secretary Pradesh, Secretariat Velagapudi, Amaravathi, Andhra Pradesh 2. The Director and li^'^ctor General of Registration and Stamps, D. No. S/sb, R.K. Spring Valley Apartments, Mandal, Edupugallu, Kankipadu, Krishna District, Andhra Pradesh -521151. 3. The Sub Registrar of Assurances, Kankipadu, Knshna District Andhra Pradesh 521151. ^Dne CC to M/s. V Dvumani Advocate [OPUC] t I 5. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 6. Three CD Copies gsc [ HIGH COURT DATED:21/07/2025 { ORDER WP NO. 2907 OF 2024 1 JIJL 7m : ^ . Current iiection % ?F m: Co DISPOSING THE WP WITHOUT COSTS