Telangana High Court

WP/11658/2021 of Sri Veerannagari Gautharn Reddy Vs The State of Telangana on 30 December 2022

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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

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IN THE HIGH COURT FOR THE STATE OF TELANGANA'AT HYDERABAD(Special Original Jurisdiction)

FRIDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

WRIT PETITION NO: 11658 OF 2021

Between:

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

2. Smt Veerannagari Chaitanya Reddy, @ Simhadri Chaithnaya Reddy D/o.VNarender Reddy Wo Simhadri Kiran aged 48 years R/o 8700, Carriage HillsRoad Savage MN 5578 US. Rep by his GPA holder K Rarnakristina Reddys/o late KYadiReddy aged about 40 years r/o Flat no.303, Nath Utsav Apt.Tilak nagar, Nallakunta, Hyderabad 500044Narender Reddy Wo Simhadri Kiran aged 48 years R/o 8700, Carriage HillsRoad Savage MN 5578 US. Rep by his GPA holder K Rarnakristina Reddys/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.[REDACTED]), Rep by Sri Gandra Srinivas Rao-)S/o late G.Narsing Rao aged 47yrs Occ.Business Rio 1-4-1801419/2, OldAlwal. Opp.Layola College, BHEL Color.v. SecunderabadS/o late G.Narsing Rao aged 47yrs Occ.Business Rio 1-4-1801419/2, OldAlwal. Opp.Layola College, BHEL Color.v. Secunderabad

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

...PETITIONERS

AND

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

2. The District Collector, Medchal-Malkajgiri District

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

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

5. The Assistant Commissioner, Endowments Department Ranga Ruddy District6. Tahsildar Cum Sub Registrar, Shameerpet Mandal Medechal-MalkajigiriDistrict6. Tahsildar Cum Sub Registrar, Shameerpet Mandal Medechal-MalkajigiriDistrict

7. Sri Seetharama Swamy Temple, 3-35. Devaryamjal Mllage, ShamerpetMandal, Medchal Malkajigiri. DistrictMandal, Medchal Malkajigiri. District

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate wflt order or direction one more particiJlarly one inthe nature of Wr!t of Mandamus i) declaring the inclusion of Petitioners, lands inMemo No. G112263 of 2O14 dated 2510912014 sent by Respondent No.3 toMemo No. G112263 of 2O14 dated 2510912014 sent by Respondent No.3 torespondent 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 ultraviresEndowment Act, Registration Act apart from being unconstitutional and strikedown the said Memc G1 .2263 20 14 dated 2510912014. iii) Declare the action ofrespondent No.6 in taking note of such illegal communication sent by respondentNo. 3 and thereby not registering and releasing the documents presented by theconstitutional 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 ultraviresEndowment Act, Registration Act apart from being unconstitutional and strikedown the said Memc G1 .2263 20 14 dated 2510912014. iii) Declare the action ofrespondent No.6 in taking note of such illegal communication sent by respondentNo. 3 and thereby not registering and releasing the documents presented by thepetitioners relating to the land presented by the petitioners in respect of land in SyNo.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 saledeed which was presented by the petitioners and direct the respondents not tointerfere with the petitioners'rights in any manner.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 saledeed which was presented by the petitioners and direct the respondents not tointerfere with the petitioners'rights in any manner.

lA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directthe 6th Respondent to forthwith register and release the document which waspresented by the Petitioners pertaining to the land in Sy No.214lPart to an extentof Ac.0-04.132 guntas situated at Davaryamjal Village, Shameerpet Mandal,Medchal-Malkajgiri District without reference to the communication of the 3rdrespondent issued vide Memo No Gl12263 of 2014 dated 25-09-2014 pendingdisposal 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 ANDREGISTRATION (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]fresh [writ ][Petition']

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 arepermission of this Court to withdraw the writ petition, anytration that had taken place in respect to the subject propertyorder, dated 3O.O4.2O21 passed by this Court, shall standcelled and respondent No.6 shall take necessary consequentialteps.

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4. Accordingly, this Writ petition is dismissed aswithdrawn granting liberty as sought for by the petitioners. Thereshall be no order as to costs.Misccllaneous applications, if any, pending in this writpetition, sha-ll stand closed.

SD/.MOHD.SANAULLAH ANSARIASSISTANT REGISTf,ARi/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, [OUTI4. Two CCs to GP for Stamps and Registration (TG) ,High Court for the State ofTelangana. [OUT]5. Two CD CopiesTJRSBsr, /

I

HIGH COURT

DATED:30112t2022

ORDER

WP.No.11658 of 2021

DISMISSING THE WRIT PETITIONAS WITHDRAWN WITHOUT COSTS.

I GFr;>

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1irE [STr{]o,)fa.(i'oo1E ti. [?p3]

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