Aleti Buchi Reddy v. The Government Of T.S

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER TR.C.M.P.NO: 248 OF 2019 Between:

1. Aleti Buchi Reddy, S/o. Aleti Laxma Reddy, Aged 39 years,Occ. agriculture, R/o.Annaram village, Jinnaram Mandal, Medak diitrict

2. Aleti Tirumal Reddy, S/o.Aleti Laxma Reddy, Aged 34 years,Occ. Agriculture, R/o,Annaram village, Jinnaram Mandal, Medak district

3. Aleti Rama Devi, Wo. Aleti Ravinder Reddy, Aged years, Occ. Housewife, R/o. 3-31, Annaram village, Gummadidala Mandal, Sanga Reddy O,.1flg|=r,r,Ora*, AND

1. The Government of T.S, Department of Revenue, Rep.by its Principal Secretary, Secretariat, Hyderabad,

2. The District Collector, Sanga Reddy, district

3. The RDO, Sanga Reddy District, Sanga Reddy State of Telangana

4. The Tahasildar, Mandal Revenue Office, Gummadidala, Sanga Reddy district

5. The Village Revenue Officer, Laxmapuram village, Gummadrdala Mandal, Sanga Reddy district

6. Aleti Laxma Reddy, S/o. Aleti Narayana Reddy, (died) Aged 85 years, Occ. Agriculture, R/o. Annaram village, Jinnaram Mandal, Medak district

7. Aleti Ravinder Reddy, S/o Aleti laxnra Reddy, (died) Aged about 36 years,Occ. agriculture, R/o.Annaram village, Jinnaram Mandal, Medak District (Respondent Nos. 6, 7 not necessary parties to the petition) .,.RESPONDENTS Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the suit O.S.No. 9/2013 from the Vlll Additional District Judge, Medak District at Medak to any other competent District Judge, in the premises of Sanga Reddy District Court building Sanga Reddy District, the suit schedule property comes under the territorial Jurisdiction of the Sanga Reddy District court building Otherwise, the plaintiff may get irreparable loss and injury which cannot be compensated or any order of this Honble court and the petition under take to continue their cooperative for early disposal of the case in the interest of justice.

IA NO: 1 OF 2019 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 stay all further proceeding in O.S.No. 9 of 2013 on the file of the Vlll Additional District Judge, Medak District at Medak until disposal of the present TR. C.M.P. Counsel for the Petitioner : M/s A.USHI REDDY Counsel for the Respondent Nos.1 to 5 : GP FOR ARBITRATION The Court made the following: ORDER

THE HON,BLE DT, JUSTICE SHAMEEM AKTHER Transfer Civil Miscellaneo s Petition No.248 of 2O19

ORDER

This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioners, requesting to withdraw O.S.No.9 of 2013 from the file of ViIl Additional District Judge, Medak, and transfer the same to any competent Court in the premises oF Sanga Reddy District Court building, Sanga Reddy District, for trial and disposal in accordance with law.

2, Heard the learned counsel for both the sides and perused the record, 3.

Learned counsel for the petitioners would submit that the petitioners are the plaintiffs in the subject suit in O.S.No.9 of 2013 which was filed for declaration oF title, permanent injunction and rectification of entries, before the learned VUI Additional District Judge, lYedak. The said suit is coming for trial. Meanwhile, the Government of Telangana issued G.O.Ms.No.365, increasing the number of Districts in the State from 10 to 32 and also changing the Mandals. The subject matter oF the subject suit now falls in a different Mandal in Sanga Reddy District and that the petitioners have taken steps not only to amend the cause title in the subject suit, but also the schedule in the suit to reflect the appropriate tvlandal and District. The Government and its officials are the defendants in the subject suit and it would be convenient to the respondents, iF the suit is now transferred to the Court of any

Dr.SA, I Tr.CMP.No.248l2019 District Judge in the premises of Sanga Reddy District Court building from the court of the VIII Additional District .ludge, Medak, and ultimately prayed to allow the Transfer Civil Miscellaneous Petition as prayed for.

4, Sri Mohd. Imran Khan, learned Government Pleader for Arbitration, appearing for the respondents, reported no objection to grant the relief sought by the petitioners in this petition. 5.

In view of passing of G.O.Ms.No.365 by the Government of Telangana increasing the number of revenue districts and changing the Mandals and since the learned Government Pleader for Arbitration appearing for the respondents reported no objection for granting the relief sought by the petitioners, this Court is inclined to grant the relieF sought by the petitioners in this petition. 6.

Accordingly, this Transfer Civil Miscellaneous Petition is allowed and O.S.No.9 of 2013 is withdrawn from the file of VIII Additional District Judge, Medak, and transferred to the Court of the Principal District Judge, Sanga Reddy, for trial and disposal in accordance with law.

Miscellaneous petitions, if any, pending in this Transfer CMP, shall stand closed. There shall be no order as to costs. SD/.K.AM ASSISTANT RAR //TRUE COPY// SECTI N OFFICER To 1. The Vlll Additional District Judge, Medak District

2. The Principal District Judqe, Sanga Reddy, Medak District

3. One CC td M/s K.Ushi Re,Cdy , Advocate (OPUC)

4. i*o CCs to G.P for Arbitrati6n High Court for the State of Telangana at Hyderabad (OUT)

5. Two CD Copies ks4

HIGH COURT DR.SA,J DATED:0310912020 r'l::'''*"'

f4 s oo 18 SEP 2020 o .\ t'

ORDER

€.spr, * D n c -t TR.C.M.P.No.248 of 201 9 ALLOWING THE TR.C.M,P WITHOUT COSTS.

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