APHC010306692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 15535/2025 Between: 1. UNION BANK OF INDIA, MADDILAPALEM BRANCH, 54-11- 59/2, OPP- DR. V.S. KRISHNA GOVT. DEGREE COLLEGE, VISAKHAPATNAM, AP REPRESENTED BY ITS AUTHORIZED OFFICER EMAIL ID UBIN0558711@UNIONBANKOFINDIA.BANK ...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, MANDAL, EDUPUGALLU, KANKIPADU, KRISHNA DISTRICT, ANDHRA PRADESH - 521151. 3. THE SUB REGISTRAR OF ASSURANCES, NALLAPADU, NALLAPADU ROAD, NALLAPADU RURAL, ANDHRA PRADESH 522005 4. SMT AMBITA ANURADHA, , W/O SATYANARAYANA, AGED ABOUT 52 YEARS. PROPRIETOR OF M/S. PRANAVI ENTERPRISES, RVO D. NO. 49-47-9, FLAT NO. 302, PRATAPSS PRIDE, NGGOS COLONY, SHANTHIPURAM, AKKAYYAPALEM, VISAKHAPATNAM- 530 016 CELL NO. 9550787303 5. SRI PRATAPA RAMESH, S/O LATE KRISHNA MURTHY AGED ABOUT 70 YEARS, OCC- BUSINESS R/O D. NO. 49-47-9, FLAT NO. 403, PRATAPSS PRIDE, NGGOS COLONY, SHANTHIPURAM, AKKAYYAPALEM, VISAKHAPATNAM - 530 016 EMAIL ID RAMESHPRATAPA@YAHOO .COM ...RESPONDENT(S): 2 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 tomay 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 in removing the Residential Flat No. 301 in Second Floor of Block No. 3 in Skylark Towers, admeasuring 1000 Square Feet with UDS of 40.5 Square Yards in D. No. 256 and 273 of Nallapadu Village, Nallapadu Sub District, Guntur Municipal Corporation area, Guntur, A.P. from prohibited property list as arbitrary, illegal, capricious and violative of principles of natural justice and against the provisions of SARFAESI Act, 2002 and the ules framed there under and consequently direct the Respondent No.3 to remove the above said property from the prohibited list and allow registration of Sale Certificate being executed by the Petitioner Bank under SARFAESI Act in favour of the Auction purchaser and pass IA 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 may be pleased to direct the Respondent No. 3 register the sale certificate being executed by the Petitioner in favour Auction purchaser under SARFAESI Act in respect of Residential Flat No. 301 in Second Floor of Block No. 3 in Skylark Towers, admeasuring 1000 Square Feet with UDS of 40.5 Square Yards in D. No. 256 & 273 of Nallapadu Village, Nallapadu Sub District, Guntur Municipal Corporation area, Guntur, A.P. pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V DYUMANI Counsel for the Respondent(S): 1. N SIVA REDDY 2. DOKALA HARI BABU 3. GP FOR REGISTRATION AND STAMPS 3 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 3 and the learned counsel appearing for the 4th respondent. No representation for the 5th respondent and no counter is filed so far. 2. This writ petition was filed questioning the action of the 3rd respondent in not removing residential flat No.301 in 2nd floor of Block No.3 in Skylark Towers, admeasuring 1000 Square Feet with UDS of 40.5 Square Yards in D.No.256 & 273 of Nallapadu Village, Nallapadu Sub District, Guntur Municipal Corporation area, Guntur, A.P. from prohibited property list. 3. The learned counsel for the petitioner submits that the 4th respondent along with her husband availed housing loan of Rs.18,00,000/- and created mortgage by deposit of title deeds and confirmed the same under registered MOD No.5728/2015 dated 10.07.2015. The 4th respondent committed default in repayment of dues and as such the account was classified as NPA and the petitioner bank issued demand notice under Section 13(2) of SARFAESI Act, possession notice and sale notice dated 31.05.2022, 26.04.2023 and 30.04.2024 respectively. The petitioner bank sold the property under SARFAESI Act at Rs.25,45,200/- to the auction purchaser and issued sale certificate on 02.07.2024. The 3rd respondent informed that the property is under attachment in I.A. No.224 of 2020 in O.S. No.146 of 4 2020 dated 12.11.2021. The 5th respondent instituted the said suit against the 4th respondent for recovery of money and obtained decree. Then the petitioner bank addressed a letter dated 17.12.2024 appraising the 3rd respondent that the bank mortgage is prior in time and requested to register the sale certificate. Despite the same, the 3rd respondent is not inclined to register the sale certificate by removing the subject property from the prohibited list. 4. The learned counsel for the petitioner also relies upon the Circular Memo issued by the Commissioner and Inspector General of Registration & Stamps, A.P., Vijayawada dated 13.05.2022 in the matter of registering the sale certificates issued by the authorized officer of the bank or financial institutions etc., without protesting registrations under the pretext of attachment orders passed by the competent court etc. 5. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3rd respondent dated 03.07.2025 submits that since the trial court passed conditional attachment in I.A. No.224 of 2020 in O.S. No.146 of 2020 on the file of I Additional Civil Judge (Senior Division), Visakhapatnam dated 12.11.2021, the subject plot was entered in the prohibited list. 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, as the legal position is 5 settled and clear, following the Division Bench decision of this court in W.P. No.12458 of 2024 dated 04.12.2024 since there is a sale certificate dated 02.07.2024 issued by the petitioner bank under SARFAESI Act proceedings, the 3rd respondent ought to have acted upon the same ignoring the interim attachment made by the trial court as seen above in I.A. No.224 of 2020 in O.S. No.146 of 2020 dated 12.11.2021. Accordingly, the 3rd respondent is directed to act upon the representation of the petitioner to register the above said sale certificate dated 02.07.2024 with all consequential proceedings required in accordance with law, subject to payment of stamp duty and registration charges etc. 7. Accordingly, the writ petition is disposed of. The written instructions of the 3rd respondent dated 03.07.2025 shall be made as part of the court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 12.02.2026 NNN