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Judgment
The petitioner is aggrieved by the inaction on part of respondent No.5 in complying with the recommendation of the Assistant Registrar, Office of Sub-Divisional Officer, Chintalapudi, to the District Cooperative Officer, Eluru, whereby the enquiry was conducted on the issue of creation of a charge over the land admeasuring Ac. 1.69 cents situated in R.S.No.663/7, 663/5 & 653/8 of T. Narasapuram Mandal, Rudrakota Rajugudem Area.
It is submitted that the petitioner had purchased the land admeasuring Ac. 1.69 cents from respondent No.6 vide registered sale deed dated 29.07.2017.
It appears that respondent No.6, after selling the property to the petitioner, created a charge over the property, over which he had no right, title or interest.
Respondent No.5 got an enquiry conducted on the issue at the request of the petitioner, and it was recommended that the charge created over the property purchased by the petitioner would have to be released and that appropriate recovery would have to be initiated against respondent No.6.
Respondent No.3, vide proceedings dated 06.07.2025, requested respondent No.5 to recover the dues from respondent No.6 and also to release the charge created on the property purchased by the petitioner.
Sri Suragani Krishna Vamsi, the learned Standing Counsel appearing for respondent No.5 submits that, as per the instructions received from respondent No.5, the directions of respondent No.3 shall be complied with and the necessary required proceedings shall be initiated against respondent No.6.
Considering the submissions, the Writ Petition can be disposed of by dispensing with the presence of respondent No.6, as any recovery shall be initiated in accordance with law.
Respondent No.5 shall have to comply with the directions of respondent No.3 and release the charge created over the property purchased by the petitioner, which was much prior to creation of the said challenge.
At any rate, respondent No.5 shall have to verify the dates on which the charge was created and also verify the saledeeds executed in favour of the petitioner before releasing the charge.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
