Sri Veerannagari Gautharn Reddy v. The State Of Telangana

[ 3256 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA'

AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 11658 OF 2021 Between:

1. Sri Veerannagari Gautharm Reddy, S/o Narender Reddy Aged 50 years Occ.Business R/o Plot No.72 Legend Chimes, Kokapet Ranga Reddy District. Rep by his GPA holder Osman Ali Osmani S/o Ali Nizam Osmani aged about44 years H No.16-10-1121N1, Rc road. Malakpet, Hyderabad.

2. Smt Veerannagari Chaitanya Reddy, @ Simhadri Chaithnaya Reddy D/o.V Narender Reddy Wo Simhadri Kiran aged 48 years R/o 8700, Carriage Hills Road Savage MN 5578 US. Rep by his GPA holder K Rarnakristina Reddy s/o late KYadiReddy aged about 40 years r/o Flat no.303, Nath Utsav Apt. Tilak nagar, Nallakunta, Hyderabad 500044

3. Srini's Developers (Pan No.ADUFS7948C), Rep by Sri Gandra Srinivas Rao-) S/o late G.Narsing Rao aged 47yrs Occ.Business Rio 1-4-1801419/2, Old Alwal. Opp.Layola College, BHEL Color.v. Secunderabad

4. Chinnamaneni Rahul Madhava Rao, S/o Sudheer Rao, Aged 29 yrs Occ. Pvt Employee Rlo 104-471111, Karimnagar 505 001 ...PETITIONERS AND

1. The State of Telangana, Rep. by Principal Secretary. Revenue Department, Secretariat Buildings, Secretariat, Hyderabad.

2. The District Collector, Medchal-Malkajgiri District

3. The Commissioner and inspector, General of Registrations and Stamps, Telangana Hyderabad

4. The Commissioner, Telangana Endowments Department, Boggulakunta, Abids, Hyderabad.

5. The Assistant Commissioner, Endowments Department Ranga Ruddy District

6. Tahsildar Cum Sub Registrar, Shameerpet Mandal Medechal-Malkajigiri District

7. Sri Seetharama Swamy Temple, 3-35. Devaryamjal Mllage, Shamerpet Mandal, Medchal Malkajigiri. District ...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 an appropriate wflt order or direction one more particiJlarly one in the nature of Wr!t of Mandamus i) declaring the inclusion of Petitioners, lands in Memo No. G112263 of 2O14 dated 2510912014 sent by Respondent No.3 to respondent No.6 as unlavvful. u nconstitutional and violative of petitioners' constitutional rights and set aside such inclusion. ii) Declare the said Memo No. G112263 of 2014 dated 2510512014 in so far as the petitioners lands' as ultravires Endowment Act, Registration Act apart from being unconstitutional and strike down the said Memc G1 .2263 20 14 dated 2510912014. iii) Declare the action of respondent No.

6 in taking note of such illegal communication sent by respondent No. 3 and thereby not registering and releasing the documents presented by the petitioners relating to the land presented by the petitioners in respect of land in Sy No.214lPart to an extent of Ac.0-04. 1 32 guntas situated at Davaryamjal Village, Shameerpet Mandal. Medchal-lvlalkaig iri District as illegal, arbitrary. unconstitutronal. ultra-vices Registration Act and set aside such action. iv) Resultant direct the respondent No.6 to forthwith register and release the sale deed which was presented by the petitioners and direct the respondents not to interfere with the petitioners'rights in any manner.

lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 6th Respondent to forthwith register and release the document which was presented by the Petitioners pertaining to the land in Sy No.214lPart to an extent of Ac.0-04.132 guntas situated at Davaryamjal Village, Shameerpet Mandal, Medchal-Malkajgiri District without reference to the communication of the 3rd respondent issued vide Memo No Gl12263 of 2014 dated 25-09-2014 pending disposal of the writ petition.

Counsel for the Petitioners: SRl. NARESH REDDY CHINNOLLA Counsel for the Respondent No. 1 to 3, and 6: GP FOR STAMPS AND REGISTRATION (TG) Counsel for the Respondent No.4 and 5: GP FOR ENDOWMENTS Counsel for the Respondent No.7: SRI. K. JAGAN MOHAN REDDY The Court made the following: ORDER

( THE IION'BLE SRI JUSTICE MUMMINENI SUDHEER KUi'IAR WRIT PETITION No.11658 of 2O2l ORDER:

lrarned counsel for the petitioners filed a letter dated 26.12.2022 in the Registry seeking permission of tJlis Court to withdraw the writ petition with liberty to the petitioners to file a t fresh writ Petition'

\ tI 2.

This Court by an order dated 30.04.2021 granted interim direction as prayed for in I'A.No. 1of 2O2l in W.P.No.11658 2021. However, this Court made it clear that any registration suant to the said interim order is only a provisional one and same is subject to the final result of writ petition; and that the oners shall not claim any equities in the event any adverse ers are passed against them and no equities would accrue to purchasers.

3.

In view of the fact that since the petitioners are permission of this Court to withdraw the writ petition, any tration that had taken place in respect to the subject property order, dated 3O.O4.2O21 passed by this Court, shall stand celled and respondent No.6 shall take necessary consequential teps.

4.

Accordingly, this Writ petition is dismissed as withdrawn granting liberty as sought for by the petitioners. There shall be no order as to costs.

Misccllaneous applications, if any, pending in this writ petition, sha-ll stand closed.

SD/.MOHD.SANAULLAH ANSARI ASSISTANT REGISTf,AR i/rRUE coPY// sEcroNEFF..ER / To, '1. One CC to Sri. Naresh Reddy Chinnolla, Advocate [OPUC]

2. One CC to Sri K. Jagan Mohan Reddy, Advocate, [OPUC]

3. Two CCs to GP for Endowment, High Court for State of Telangana, [OUTI

4. Two CCs to GP for Stamps and Registration (TG) ,High Court for the State of Telangana. [OUT]

5. Two CD Copies TJ RS Bsr, /

HIGH COURT DATED:30112t2022 irE STr{ )f a.

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ORDER

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WP.No.11658 of 2021 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS.

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