Syed Faqhruddin Quadri And 4 Others v. The State Of Telangana And 13 Others
I 32s6 | IIIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 28748 OF 2022 Ilctrvccn:
l. Syed Faqhruddin Quadri, S/o Late Rajauddin Quadri, Occ. Private Employee R/o H.No.2-lO7/2, Keshavreddy Nagar Colony, Meerpet, Balapur, R.R.District
2. Smt. Ameena Begum, Wio Late Syed Raheemuddin, Occ. Housewife, Rio H.No.2107/2, Kesharreddy Nagar Colony, Meerpet, Balapur, R.R.District
3. Syed Fareeduddin Quadri, S/o Late Raheemuddin Quadri, Occ. Business, R/o H.No.2-107 /2, Keshavreddy Nagar Colony, Meerpet, Balapur, R.R.District
4. Syed Muzeebuddin Quadri, S/o Late Syed Raheemuddin, Occ. Business, R/o H.No.2107/2, Keshavreddy Nagar Colony, Meerpet, Balapur, R.R.District
5. Syed Mohiuddin Quadri, S/o Late Syed Raheemuddin, Occ. Businesq R./o H.No.2107/2, Keshaweddy Nagar Colony, Meerpet, Balapur, R.R.District ...PETITIONERS AND l. The State ofTelangana, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad.
2. Inspector General of Stamps and Registration, Telangana State, Moazzam jahi Market, Hyderabad.
3. The District Registrar, Ranga Reddy District At Prashanth Nagar, IDPL, R.R.District.
4. The Sub Registrar, Ibrahimpatnam, Ranga Reddy District
5. Saatu Jyothi, Wo S Dasarath Occ Agricultural Labour R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District TS
6. Punyamurthy Andaalu, Wo [.ate P Ramesh Om Housewife C/o S Jyothi R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District TS
7. Neela Mallesh S/o I-ate Venkata Swamy Occ Toddy Tapper R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District
8. Neela Shekar, S/o Late Venkata Swamy Occ Toddy Tapper R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District
9. Neela Ramesh, S/o Late Venkata Swamy Occ Pvt Employee R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District
10. Neela Kumar, S/o Late Venkata Swamy Occ Business R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District I l. Neela Ravinder, S/o Late VenkataSwamy Occ Toddy Tapper R/o Kongarakalan (V) Ibrahimpatnam (l\,f) Ranga Reddy District
12. Neela Yadagiri, S/o l-ate Venkata Srvamy Occ toddy Tapper R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy district
13. Neela Praveeq S/o Late Venkata Swamy Occ Pvt Employee R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District
14. Golla Venkataiah Saatu Venkataiah, S/o GollaSathaiah Occ Agriculture R/o Kongarakalan (V) Ibrahimpatnam (M) Ranga Reddy District ...RXSPONDENTS Petition under Article 226 of the Constitution of India 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 a Writ of Mandamus declaring the action of the official respondents especially 4th respondent in trying to entertain the transfer of the property admeasuring Ac.1-00 gts situated in Sy.No.4o, Ac.020 gts in Sy.No.40/1 total admeasuring Ac.l-20 gts, Ac.2-00 gts in Sy.No.
63 situated in Kongara Kalan village, Ibrahimpatnam Mandal, Ranga Reddy District belongs to lhe petitioners as arbitrary, illegal and in violation of Articles 14, 21 and 300-4 of the Constitution of India and consequently direct the respondents not to transfer the property admeasuring Ac.1-00 gts situated in Sy.No.40, Ac.0-20 gts in Sy.No.40/l total admeasuring Ac.l-20 gts, Ac.2-00 gts in Sy.No.
IA NO: I OF 2022 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 respondents not to transfer the property admeasuring Ac.l-00 gts situated in Sy.No.40, Ac.0- 20 gts in Sy.No.40/1 total admeasuring Ac.l-20 gts, Ac.2-00 gts in Sy.No.63 situated in Kongara Kalan village, Ibrahimpatnam Mandal, Ranga Reddy District by considering the representation of the petitioners dated l6/0512027, IA NO: 2 OF 2022 Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the proposed respondent as respondent No.l5 in W.P. NO.28748 OF 2022 in the interest of justice Counsel for the Petitioners : SRI. K SAI KRISHNA MOHAN RAO Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE (TG) Thc Court made the following:
/ THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No. 28744 OF 2022 ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for respondent Nos. 1 to 4.
2.
It is the case of the petitioners that one late Rajauddin Quadri was the absolute owner and possessor of land admeasuring Ac. 1.00 gts., Ac.0.20 gts., and Acs.2.00 gts situated in Sy.Nos.4O, 4Oll and.63 of Kongara Ka,lan Village, Ibrahimpatnam Mandal, Rangareddy District and after his demise, the petitioners herein clairn to have succeeded to the said extent of land. However, according to the petitioners, the names of Saatu Jyothi and others were entered in the Revenue records and in view of the same, the petitioners herein claim to have Iiled O.S.No.232 of 2021 on the Iile of the Court of Senior Civil Judge, Ranga Reddy District at Ibrahimpatnam along with I.A.No.121 of 2021. However, as no interim orders are passed in the said I.A.No.121 of 2O2t, the petitioners herein approached this Court by filing C.R.P.No.194O of 2021, and initially an interim order was passed by this Court in
MSK,J \\p 28748_2022 ttre said C.R.P. However, finally, the said C.R.p. came to be dismissed with a direction to the learned trial Court to dispose of the Interlocutory application pending in the suit as expeditiousiy as possible preferably within a period of one (01) month from the date of receipt of a copy of the said order. As the said Interlocutory application has not been disposed of within the time stipulated by this Court and the third parties are trying to alienate the subject property, the petitioners claim to have submitted a representation dated 16.05.2022 before respondent No.4 requesting not to entertain any transfer of propert5r. in respect of the subject propert5r, not to receive and register any documents in respect of the subject property. Complaining the in action on the part of respondent No.4, the present Writ Petition is filed. 3.
When this matter came up for consideration on 2O.1O.2O22, this Court, called for a report from the Court of the Senior Civii Judge, Rangareddy District at Ibrahimpatnam, as to why the ,tr ; , ,: Interlocutory Application pending in O.S.No.232 of 2O2ir has not r. , been disposed of in spite of order passed by this Court in ';;.., C.R.P.No.1940 ol 2O2l.In response thereto, a report is submitted l by the learned trial Court bringing to the notice of this Court that :,i.:
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MSK,J wp-28148 2022 the said Interlocutory Application was already disposed of on merits by arr order dated ll.lO.2022.
4.
In the light of above facts and circumstances, this Court is of the considered view that no positive direction can be issued to respondent No.4 not to receive and register any document in respect of the subject property, in the absence of any restraint order passed by the competent Civil Court restraining the parties to the suit or respondent No.4 from registering the documents in respect of the subject property, nor direct the respondent No.4 to consider the representation dated L6.O5.2O22, for the very same reasons as noted hereinabove.
5.
Hence, the Writ Petition is dismissed. However it is open for the petitioners to avail the remedies otherwise available under 1aw by virtue of the orders passed in the Interlocutory Application in the pending suit or by Iiling a fresh application, as may be advised, in accordance with law.
MSK,J \\p 28148 2022 As a sequel, miscellaneous petitions, pending if any in this Writ Petition, sha.ll stand dismissed. There shall be no order as to costs.
SD/- B. CHANDRA PRAKASH ASSISTANT REGISTRAR / //TRUE COPYII SECTION FFICER To,
1. One CC to SRI. K SAI KRISHNA MOHAN RAO Advocate [OPUC] 2.TwoCCstoGPFORREVENUE,HighcourtforthestateofTelangana'Hyderabad' lourl
3. Two CD CoPies
HIGH COURT MSK, J DATED: 07/11/2022 ;"1 lr il;
\\;
ORDER
WP.No.28748 of 2022 \ // :--*=::=tP WRIT PETITION IS DISMISSED OF WITHOUT COSTS