High Court · 2025

7. Mr. Palle Sesha Giri,Rao,-S/o: p.V. Subba Rao, aged about 55 yrs, Occ: _Director, M/s .S S,lnf;xtrr"trr", SIi ifirp,irent Consuttants Ltd. Ftar No .r 5. H. No. 1 _ 1 1 _252t 1 j, irijori erijiriili". Hg, ;p;i, H;i"iri,r-J, ir"i. N o. B 2 0 1, Wi nd s o r Ap a rrm "l (RR6 and 7 are impreaded as per c.o. DT:22.o4.202sin r.A.No.2/202s) riii"i] nl'oL ra u a o. rtll rj " ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the rntimation of Refusar Letter vide Lr. No. 73 0f 2025, dated 1s-03-202s. refusing to register the sare certificate 20_1_2024 issued by 5th Respondent registered as pending Document vide P No 15 of 2025' by 4th Respondent as illegal, arbitrary and in gross violation of judgment passed by the Division Bench of this Hon,bre court in city Union Bank Limited, Karimnagar Branch Vs. The Sub-Registrar, Peddapalli' Karimnagar District and others in W.P.No.10B4 of 2017, dated 06-08-20'18 and P'swarnalatha Vs The State of Telangana in W.P No 4949 of 2019' dated 11-03-2019 and in violation of Article 21 and 300_A of constitution of rndia and principres of Naturar Justice and set aside the same consequently direct the 4th Respondent to forthwith register the Sale Certificate dated 2O-Og-2024 issued by Sth Respondent Bank under the ProvisionsofSARFAES|Act,2002,infavorofPetitionerinrespectofpropertyi.e. residential Flat No. 8-202, on Second Floor of The Windsor Apartment admeasuring 2,200 Sq feet, includinl ' common area together with undivided share in land admeasuring 90 Sq yards or 75 24 Sq tr/ts out of 3775 Sq Yards in the premises bearing Municipal No 1-1 1'251lBtB-202' (Old No 1-11-25114) situated at Begumpet Village, Balanagar Mandal' Medchal lrilalkaigiri New' RangaReddY District (Old)' IA NO: 10F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to direct the4thRespondenttoforthwithregistertheSaleCertificatedated20-09-2024 issued by 5th Respondent Bank under the Provisions of SARFAESI Act' 2002' in favor of Petitioner in respect of property ie residential Flat No 13-202 ' on Second Floorof,,ThewindsorApartment"admeasuring2,200sq'feet'includingcommon areatogetherwithundividedShareinlandadmeasuringg0sq.yardsor.l5.24 Sq.Mts out of 3775 Sq Yards in the premises bearing Municipal No 1-1 1- 251lBlB-202,(oldNo.1.11-251tA)situatedatBegumpetVillage,Balanagar tvlandal,MedchalMalkajgiriNew,RangaReddyDistrict(old)andpending disposal of the main writ petition' Counsel for the Petitioner: SRI MIRZA SAFIULLA BAIG Gounsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER 't '\a j THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.11463 of 2025 ORDER: Heard learned Counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration appearing for the respondents and perused the entire material on record. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned Counsel for the petitioner submits that this writ petition is hled by the petitioner declaring the Intimation of Refusal tetter uid.e Lr.No.73 of 2025, dated 15.03.2025, refusing to register the Sale Certihcate dated 2O.O9.2024 issued by respondent No.S registered as pending Document uide p.No. IS of 2O2S by respondent No.4 as illegal, arbitrar5r ald in gross violation of Judgment passed by the Division Bench of this Court in Citg tlnion Bo.nk Limited a. The Sub-Registrar, peddapall| and othersl and P.Sroarnalatha a. The Storte of Telanganaz r 2ol8 (5) ALT 27s 2 Judgement in W.p.No.4949 of 2019, dated t 1.O3.2O19 passed by the High Court for the State ofTelangana \ sK, ., W.P.No.71463 of 2O25 and in violation of Article 2l and 3O0-A of Constitution of India and Principles of Natural Justice and set aside the sarne consequently direct the respondent No.4 to forthwith register the Sale Certificate dated 20.09.2024 issued by respondent No.5 Balk under the Provisions of SARFAtrSI Acl,2OO2, in favour of the petitioner in respect of property i.e., residential Flat No.B-202, on Second Floor of "The Windsor Apai:tment" admeasuring 2,2OO square feet, including common area together with undivided share in land admeasuring 90 Square yards or 75.24 Square meters out of 3775 Square yards in the premises bearing Municipal No.1-11-25IlBlB-2O2, (Old No.1-11-25t/Al situated at Begumpet Village, Balanagar Mandal, Medchal Ma-lkajgiri New, Ranga Reddy District (Old).

3. Learned Counsel for the petitioner further submits that the respondent No.S Bank had sanctioned credit facility to M/s. S.S. Infrastructure Development Consultants Limited and on various accounts. M/s. S.S. Infrastructure Development Consultants Limited and its \ grhrantors including one of its director Mr.Palle Seshagiri Rao failed to repay the loan amounts and due to . , i I 3 slr, "r W.P.No,7 7463 of 2O2S pa].rnent of the loan amount, the respondent No.S_Bank issued notice to the defaulters under Section 13 (21 of SARFAESI Act, 2OO2. In spite of that, M/s. S.S. Infrastructure Development Consultants Limited not repaid the amounts. In view of the same, the respondent No"S_ Bank proceeded under SARFAESI Act, 2oo2 and took possession of the secured assets and a possession notice was issued on 25.06.2024. Thereafter, the respondent No.S-Bank issued notice for sale of secured assets in the account of M/s. S.S. Infrastructure Development Consultants Limited on 26.0T.2024 and. also conducted E_ Auction on 06.09.2024 and. the same was published in the newspapers. 4. Learned Counsel for the petitioner further submits that the petitioner participated in the E_Auction conducted on 06.09.2024 and submitted her bid for the schedule propertSr and deposited full price of Rs.1,35,3O,40O/_ with the respondent No.5 Bank, upon which a SaIe Certificate was issued on 2O.O9.2O24 in accordance with SARFAESI Act. The respondent No.4 refused to register the saLe certificate issued by the respondent No.5 pursuant to the 1 t 4 SK, J W.P.No.11463 of 2025 sale held by it under the provisions of the SARFAESI Act, 2OO2, on the ground that an attachment order was passed by the Deputy Registrar of Chits/ Arbitrator, Hyderabad (South), in I.A.No.116 of 2024 in ABR/CF/No.l7l of 2024, dated 25.06.2024 in relation to the said flat, which is the subject matter of the sa,le certihcate issued by respondent No.S Bank, the said action of the respondent No.4 is illegal ald arbitrary.

5. Learned Counsel for the petitioner further submits that the said refusal order is contrar5r to the orders passed by the Division Bench of this Court in Citg Union Bank Limited a. The Sub-Registrar, Peddapalli (Supra-7) and the said orders are followed by this Court in W.P.No.5353 of 2023, d.ated 08.04.2025 and requested to pass similar orders in this matter also.

6. Learned Counsel for the petitioner further submits that the impleded respondent No.6-Margadarshi Chit Fund Private Limited, Ameerpet, Hyderabad addressed a letter to the respondent No.S on 19.11.2024 stating that in the event of property is being auctioned by the Bank subject to the attachment of the subject property, after adjusting the I I I i I I i I I I I i I i I I l. I I I i 1 5 S,(, J W.P.No.77463 oJ 2O2S sale proceeds of the subject property towards dues of the Bank, the balance sale proceeds, if any sha_ll be paid to the Margadarshi Chit Fund private Limited. The Margadarshi Chit Fund Private Limited advised the Balk not to release/pay the balance proceeds, if any to the owner of the property, as the subject property is under attachment. 7. Learned Assistant Government pleader for Stamps and Registration is not disputing the orders passed by this Court in W.P.No.5353 of 2023, dated 08.04.2025 and requested to pass appropriate orders. 8. In view of the above circumstances, the writ petition is disposed of by setting aside the impugned Refusal Letter uide Lr.No.73 of 2025, dated 15.03.2025 and. directing the registering authority to receive ald release the sale certificate issued by the respondent No.5 in favour of the petitioner without reference to the orders in I.A.No. 1 16 of 2024 in ABR/CF/No.17t of 2024, d,ated.25.06.2024 passed by the Deputy Registrar of Chits/Arbitrator, Hyderabad (South). If the balance amount remains, the respondent No.5 is directed to pay the amount to the respondent No.6 as per the order in I.A.No.116 of 2024 tn ABR/CF/No.171 6 sr(, J W.P.No.77463 of 2025 t 1 of 2024, dated 25.06.2024 passed by the Deputy Registrar of Chits/Arbitrator, Hyderabad (South). However, there shall be no order as to costs.

9. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. SD/.AHM ASS ABDULLAH KHAN TANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principle Secretary, Revenue (Stamps and Registration)' Department' ' $;.;i;;;i,'ir* riun,j, ii'-" si't" bt r"tinsana' Hvderabad' 2. The commissioner and lnspector General of stamps and Registration' Hyderabad 3' The District Registrar, Medchal-Malkajgiri District (New), Ranga Reddy District (Old)

4. The Sub- Registrar, Vallabhnagar, Hyderabad 5. M/s. Bank of lvlaharashtra Khairtabad Branch' H No 6-2-938/39' 1st Floor Purni Plaza, opp snaoaricorGdEl rnJi'taoad Hvderabad-500004 6. M/s Margadarsi Chit Fund Pvt Ltd Ameerpej Branch' 6-3-802' Zainab Comolex, Ameerpet, r'VO""i''O'J'Atp Uy it's f oreman/Branch' lVlanager Ivlr. K. Srinivasa Rao

7. One CC to Sri Mirza Safiulla Baig, Advocate [OPUC] 8. Two CCs to GP for Stamps AnQ Registration' High Court for the State of - Telangana, at HYderabad [OUT]

9. Two CD CoPies TJ BS Ml HIGH COURT DATED:2210412025 ORDER WP.No.11463 of 2025 I L)'t ./--:-*..- .'t!.-t:- a' 05 AUB 20m * D€sp DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ (.