The Andhra Pradesh High Court at Amaravati has set aside an order of the state Cooperative Tribunal that had condoned a delay of over 22 years in a challenge to a land auction. Justice K. Sreenivasa Reddy, ruling on a writ petition filed by B. Savitri and her son, held that the Tribunal had exceeded its jurisdiction by entertaining a case that was filed decades after the auction sale.
Background
The case stems from a land parcel measuring nearly 5 acres in Rapthadu village, Anantapur district. Originally mortgaged by K. Chandrayudu to the Anantapur District Cooperative Central Bank, the property was auctioned in 1996 after loan default. Late B. Siva Prasad Reddy, husband of Savitri, purchased the land in that auction and received a sale certificate. According to the petitioners, they had been in continuous possession since then, with government records recognizing their ownership.
Years later, Chandrayudu’s heirs moved the Cooperative Tribunal in 2019 to cancel the sale certificate, claiming the auction was fraudulent. They sought condonation of a staggering delay of 22 years and 7 months, which the Tribunal allowed in October 2024, giving fresh life to the dispute.
Court’s Observations
The High Court noted that Chandrayudu himself had acknowledged the issue back in 2015 when he filed a counter affidavit in another writ petition involving the same land.
Justice Reddy observed, “The deceased 2nd respondent was well aware of the sale proceedings and even participated in related litigations. The claim that he came to know only three months before filing is unacceptable.”
The Court also pointed out that third-party interests had been created, as parts of the land were sold to others soon after the 1996 auction. “Such questions of title and registered sale deeds,” the bench stressed, “cannot be decided by the Cooperative Tribunal. These disputes lie within the jurisdiction of civil courts.”
Decision
Concluding that there was no “sufficient cause” for condoning such abnormal delay, the High Court quashed the Tribunal’s order.
It ruled: “The impugned order dated 23.10.2024 in M.A.No.84 of 2019 stands set aside. Consequently, the application for condonation of delay is dismissed.”
With this, the writ petition filed by Savitri and her son was allowed, bringing relief to the family after years of litigation over the auctioned property.
Case Title: B. Savitri & Anr. vs The AP Cooperative Tribunal & Ors.
Case Number: Writ Petition No. 4437 of 2025
Date of Judgment: 4 September 2025
Petitioners: B. Savitri (widow of B. Siva Prasad Reddy) and her son
Respondents: AP Cooperative Tribunal, legal heirs of K. Chandrayudu, Anantapur Cooperative Bank, Rapthadu PACS, and others