IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO : 2640 of 2009 Between: R. Sudhakar S/o. Late Kanakaiah R/o. H.No.1-50/A, Flat No.G-1, Sriram Nivas, Kukatpally, Hyderabad- 72. ..... PETITIONER AND 1 The Sub-Registrar, Ammanabrolu, Prakasam District. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Official Liquidator, High Court of A.P., Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue the Writ of Mandamus or any other appropriate writ or direction declaring the action of the 1st respondent in not entertaining the Sale Deed executed by the 3rd respondent in pursuance to the lands in Survey Numbers 169/3 & 1169/4 Ac.4.750 cents; 1468/1 Ac.6.000 cents; 1158 Ac.3.930 cents; 1145 Ac.0.073 cents; 1454/1, 1454/1B Ac.6.212 cents; 1169/6 Ac.2.530 cents; 1145 Ac.0.730 cents; 1164 Ac.0.95 cents; 1169/5 Ac.2.540 cents; 1169/1, 1169/2 Ac.4.000 cents; 1454/1A, 1454/1B Ac.16.220 cents; 1166/1 Ac.2.000 cents in total Ac.49.935 cents in Kanuparthi Village, Nagulupalapadu Taluk, Prakasam District. Consequently direct the 2nd respondent to issue appropriate direction to the 1st respondent for registering the above said lands and pass Counsel for the Petitioner:MR.K.V.L.NARASIMHA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 2640 of 2009 23-07-2009 Oral Order: The writ petition is filed aggrieved that the 1st respondent is not entertaining the sale deed executed by the official liquidator of the High Court of Andhra Pradesh in favour of the 3rd respondent in respect of the following extents of lands in the specified survey numbers: Survey numbers 169/3 & 1169/4 Ac.4.750 cents; 1468/1 Ac.6.000 cents; 1158 Ac.3.930 cents; 1145 Ac.0.073 cents; 1454/1, 1454/1B Ac.6.212 cents; 1169/6 Ac. 2.530 cents; 1145 Ac.0.730 cents; 1164 Ac.0.95 cents; 1169/5 Ac. 2.540 cents; 1169/1, 1169/2 Ac. 4.000 cents; 1454/1A, 1454/1B Ac. 16.220 cents; 1166/1 Ac.2.000 cents; of a total extent of Ac. 49.935 cents in Kanuparthi village, Naguluppalapadu Taluk, Prakasham District and seeking a direction to the 1st respondent to register the sale deed in respect of the aforementioned lands. The relevant facts in this otherwise complex litigation is that M/s. Premier Acqua Farms Limited (for short ‘the Company’) obtained a loan from the Bank of Baroda, a nationalized bank and defaulted. The Company also incurred other debts. The creditors filed C.P.No. 98 of 1998 for liquidation of the Company. An order of liquidation was passed and the 3rd respondent notified for sale of property of an extent of Ac. 123.94 cents in various survey numbers of Kanuparthy village belonging to the Company. The petitioner offered Rs. 40,00,000-00 for the total extent of Ac.123.94 cents; the sale was eventually confirmed by the High Court in favour of the petitioner by the order in C.A.No. 121 of 2006 in C.P.No. 98 of 1998, dated 13-04-2006. The petitioner asserts to have paid the entire amount and that the 3rd respondent has confirmed receipt of the total amount of consideration for which the property was sold in favour of the petitioner, in the liquidation proceedings. The 3rd respondent is also stated to have delivered possession of the property to the petitioner after obtaining permission from the High Court by its order dated 13-04- 2006 in C.A.No. 121 of 2006. The petitioner thereupon filed C.A.No. 290 of 2007 before this Court to enable the registration of the land in the names of the petitioner’s nominees. Pursuant to the order dated 01-03-2007 of this Court in C.A.No. 290 of 2007, the 3rd respondent, the Official Liquidator executed sale deeds in favour of the petitioner’s nominees for the extent of Ac.123.94 cents. However the 1st respondent effected registration only in respect of an extent of Ac.74.0103 cents, but failed to accord registration for an extent of Ac. 49.935 cents. There was a spate of correspondence between the petitioner, the Official Liquidator and the 1st respondent in regard to the registration of the balance extent of Ac.49.935 cents. However, to cut the long story short, the crux of the problem is to certain extents reflected in a letter dated 19-11-2008 addressed by the 1st respondent—Registering Officer to the petitioner. The letter reads as under: Sub:- Registration and stamps Ammanabrolu, Kanuparthy Village Survey Numbers – particulars submitting – regarding. Ref:- Your letter dated 18-11-2008 & 14-11-2008. With refeence to your letter for Registration of lands in Kanuparthy Village, we have checked all the survey numbers in our records and found as under: Sl.Nos. Survey Nos. Classification Remarks 1. 1169/2 Dry land A s per Basic Register 2. 1169/3 1169/4 Dry land A s per Basic Register 3. 1169/6 Dry land A s per Basic Register 4. 1468/1 Assigned land A s per Basic Register 5. 1158 Assigned land A s per Basic Register 6. 1145 Assigned land A s per Basic Register 7. 1454/1A 1454/1B Assigned land A s per Basic Register 8. 1164 Assigned land A s per Basic Register 9. 1169/5 Assigned land A s per Basic Register 10. 1169/1 Assigned land A s per Basic Register 11 1166/1 Assigned land A s per Basic Register Hence please arrange to get N.O.C. from District Collector/R.D.O. for Assigned lands. Yours faithfully, Sd/- Sub Registrar, Ammanabrolu. As is apparent from the aforesaid letter dated 19-11- 2008 addressed by the 1st respondent, the petitioner is advised to obtain an NOC from the District Collector or the Revenue Divisional Officer for those lands which are reflected as ‘Assigned Lands’ in the Basic Value register available with the 1st respondent. Consequent on the 1st respondent’s letter dated 19-11-2008 referred to supra, the petitioner addressed a representation dated 19-11-2008 to the 2nd respondent seeking issue of an NOC. There being no response thereto, the writ petition is filed. The learned counsel for the writ petitioner states that the petitioner is satisfied for the present, if the 2nd respondent is directed to consider and pass orders on the petitioner’s representation dated 19-1-2008 for issue of an NOC in respect of the land in Ac.49.935 cents which were not yet registered by the 1st respondent on account of being described as ‘Assigned Lands’ in the Basic Value register. The learned Government Pleader for Revenue has no objection, if such a direction is issued to the 2nd respondent. In the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent to consider and pass orders expeditiously and in any event within a period of two (2) weeks from the date of receipt of a copy of this order on the petitioner’s application dated 19-11- 2008 for grant of an NOC in respect of the land in an extent of Ac.49.935 cents of several survey numbers of the Kanuparthi village, Naguluppalapadu Taluk, Prakasham District. No costs. ____________________ GODA RAGHURAM, J Dated: 23-07-2009 Pvks