Praveen Kumar Bansal, v. Principal Secretary

[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE TENTH DAY OF APRIL TWO-I.HOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 14097 OF 2016 Between:

Praveen Kumar Bansal, Sio. Sri Om Prakash Bansal, aged about 46 years, Occ Business, R/o EWS-262, Road No 2, KPHB Colony, Kukatpally' HYderabad-72 ...PETrroNER AND Plincipal Secretary, Registration Revenue Department Telangana-cumAppellate Authority, (un-der the Chit Fund Act), Secretariat, Hyderabad. It4/s. Margadarsi Chit Fund Private Limited, (Formerly known as Marg_adarsi Chit Fund Limrteo) Kukatpally Branch, R.ep. by its Foreman/Branch Manager ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be .pleased to issue a writ, order or direction more particularly one in the nature of writ of Certiorari by calling for the records from the 1st Respondent with respect the Memo No.

16753/Regn-ll/2015-1 and consequently set aside the order dated 239-20'15 passed by the 1st Respondent in ft/emo No. 16753/Regn-ll/2015-1, and declare the same as Null and void and direct the l st Respondent to provide an opportunity to the Petitioner for personal hearing and to dispose of the said Appeal as per law, in the interest of justice l.A. NO: 1 OF 2016(WPMP" NO: 17583 OF 2016) Petition u.rde: S::tion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the exertion of the Award passed in Dispute No. '151 of 2O13 on the file of the Hon'ble Deputy Registrar of Chits, Arbitrator, Ranga Reddy District (West)' pending disposal of the present Writ Petition, in the interest of justice Counsel for the Petitioner: SRl.

Counsel for the Respondent No.1: AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.2: -- The Court made the following: ORDER

i i THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.14O97 of 2OL6 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps ar-rd Registration and perused the material on record. Learned counsel lor the petitioner submits that this writ petition is filed by the petitioner seeking calling for the records from the respondent No. 1 with respect of Memo No.16753/Regn-II/2O15-1, dated 23.O9.2015 and consequently, set aside the said order dated 23.09.2015 passed by the respondent No. 1 in Memo No.16753/ Regn-ll/20 15-1 and declare the same as nu11 and void and direct the respondent No. 1 to provide art opportunity to the petitioner for personal hearing.

3.

After hearing both sides and perusing the material on record, this Court is of the considered view that the \etitioner filed an Appeal under Section 70 of the A.P. Chit Fund Act, 1982 before the respondent No. 1 along with the i

.) sr, J W,P.No.14097 of 2O16 petition for the condonation of the delay in fi1ing of the said Appeal uide Memo No.16753/Regn_Il/2OtS_1, dated 23.09.2015 questioning the arbitration award passed by the Deputy Registrar of Chits, Arbitrator, Ranga Reddy District (West) in Dispute No.151 of 2013, dated 25.02.2015. The respondent No.1 without issuing notice to the petitioner and without hearing the petitioner, has rejected the delay petition of the petitioner ald the same is arbitrary ald illegal. Before passing any orders on the application filed by tJ:e petitioner, the respondent No.1 being a quasi judicial authority has to give opportunity to the petitioner or his counsel for hearing. Without following the said procedure, the impugned orders passed by the respondent No. 1 and the same is arbitrary and illegal and the same has to be liable to be set aside. The respondent No.2 has to issue notice to the petitioner. After hearing the petitioner or his counsel, the respondent has to pass appropriate orders.

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SK, J W.P.No.74097 oJ 2016 4.

In view of the above fundings, the writ petition is disposed of by setting aside the Memo No.16753/RegnlIl2OlS-l and remand the matter to the respondent No.1 for fresh hearing by giving opportunity to the petitioner as well as the respondent No.2. Further, the petitioner is directed to represent the appeal within four (4) weeks from the date of receipt of copy of this order. After representing the said appeal, the respondent No.1 is directed to pass appropriate orders on the condone delay petition hled by the petitioner.

5.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

SD/.A. JAYASREE TANT REGISTRAR S //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Registration Revenue ' n'ri'p"riii""Irin-itv' t'iii"' ihe Chit Fund Act)' nt Telangana-cumSecretariat, HYderabad 2 One CC to SRl. PAWAN KUMAR AGARWAL Advocate [OPUC]

3. Two CCs to GP for Stamps and Registrations High Court for the State of Telangana at Hyderabad luu II Two CD CoPies KKS BS ry.'

HIGH COURT DATED:1 0104;2025 1 'rE S fr,r{ cA.

IJn t (] o 26 Juil mi o !S EO r,AT t a c'

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ORDER

WP.No.14097 ol'2016 DISPOSING THE WRIT PETITION WITHOUT COISTS \6 t i -1