Telangana High Court

WP/11252/2021 of Sri Veerannagari Gautham Reddy and 4 Others Vs The State of Telangana and 6 Others on 30 December 2022

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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 Between: 1. Sri Veerannagari Gautham Reddy, S/o Narender Reddy, Aged 50 years, Occ.

HIGH COURT FOR THE STATE OF TELANGANAAT 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: 11252 OF 2021

Between:

1. Sri Veerannagari Gautham Reddy, S/o Narender Reddy, Aged 50 years, Occ.Business, R/o PIot No.72 Legend Chimes, Kokapet, Ranga Reddy District,Rep by his GPA holder Osman Ali Osmani, S/o Ali Nizam Osmani, agedBusiness, R/o PIot No.72 Legend Chimes, Kokapet, Ranga Reddy District,Rep by his GPA holder Osman Ali Osmani, S/o Ali Nizam Osmani, aged2. Smt about Veerannagari Chaitanya Reddy 44 years, H No. 16-10-1l2lN1 , Rc road, @ Simhadri Chaithnaya Reddy, Malakpet, Hyderabad.D/oV.Narender Reddy Wo Simhadri Kiran, aged 48 years, R/o 8700, CarriageHills Road, Savage I\,4 N 5578 US, Rep. by his GPA holder K. RamakrishnaReddy, S/o late K YadiReddy, aged about 40 years, R/o Flat No. 303, NathUtsav Apt., Tilak nagar, Nallakunta, Hyderabad 500044.V.Narender Reddy Wo Simhadri Kiran, aged 48 years, R/o 8700, CarriageHills Road, Savage I\,4 N 5578 US, Rep. by his GPA holder K. RamakrishnaReddy, S/o late K YadiReddy, aged about 40 years, R/o Flat No. 303, NathUtsav Apt., Tilak nagar, Nallakunta, Hyderabad 500044.3. Srini's Developers (Pan No.[REDACTED]), Rep. by Sri Gandra Srinivas RaoS/o late G.Narsing Rao, aged 47yrs, Occ. Business, Rlo 1-4-1801A1912, OldAlwal, Opp.Layola College, BHEL Colony, Secunderabad.S/o late G.Narsing Rao, aged 47yrs, Occ. Business, Rlo 1-4-1801A1912, OldAlwal, Opp.Layola College, BHEL Colony, Secunderabad.

4. Smt Daggu Sadhana, D/o D. Sampath, aged 32 yrs, Occ. Pvt Employee, R/o1-17518.14 lvlaruthinagar, RTC Qrs., ACC Mancherial, Adilabad District 504209.1-17518.14 lvlaruthinagar, RTC Qrs., ACC Mancherial, Adilabad District 504209.5. Smt Vangapelly Swathi, Wo V Prithvidhar Rao, Aged 31 yrs, Occ. Housewife,R/o 3-30/3/4, Theegala Dharmaram, Jagtial 505 454.R/o 3-30/3/4, Theegala Dharmaram, Jagtial 505 454.

..,PETITIONERS

AND

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

2. The District Collector, Medchal-Malkajgiri Diskict.3. The Commissioner and Inspector General of Registrations and Stamps,Hyderabad, Telangana.3. The Commissioner and Inspector General of Registrations and Stamps,Hyderabad, Telangana.

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

5. The Assistant Commissioner, Endowments Department, Ranga ReddyDistrict.District.

6. Tahsildar Cum Sub Registrar, Shameerpet Mandal, Medchal.N/alkajgiriDistrict.District.

7. Sri Seetharama Swamy Temple 3-35, Devaryamial Village, ShamerpetMandal. lvledchal Malkajgiri District.Mandal. lvledchal Malkajgiri 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 be

pleased to issue any appropriate writ, order or direction one more particularly onein the nature of writ of lvlandamus i) declaring the inclusion of petitidners lands inMemo No. G1/2263 of 2014 dated 25tO912O14 sent by Respondent No.3 torespondent No.6 as unlawful, unconstitutional and violative of petitionersrespondent No.6 as unlawful, unconstitutional and violative of petitionersconstitutional rights and set aside such inclusion. ii) Declare the said Memo No.G112263 of 2014 dated 25togl2o14 in so far as the petitioners lands as ultraviresEndowment Act, Registration Act apart from being unconstitutional and strikeG112263 of 2014 dated 25togl2o14 in so far as the petitioners lands as ultraviresEndowment Act, Registration Act apart from being unconstitutional and strikedown the said Memo No. G1/2263 of 2014 dated 2sto9t2o14. iii) Declare theaction of respondent No.6 in taking note of such illegal communication sent byrespondent No.3 and thereby not registering and releasing the documentspresented by the petitioners relating to the land presented by the petitioners inrespect of land in sy.No.214lPart to an extent of Ac.0-04.132 guntas situated atDavaryamjal Village, Shameerpet Mandar, Medchar-Markajgiri District as ilegar,Davaryamjal Village, Shameerpet Mandar, Medchar-Markajgiri District as ilegar,arbitrary, unconstitutional. ultra-vires Registration Act and set aside such action.iv) Resultantly 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.interfere with the petitioners rights in any manner.

lA NO: 1 OF 2021

Petition under section 1 51 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.2i4lpart to an extentof Ac.0-04.132 guntas situated at Davaryamjal Village, Shameerpet Mandal,presented by the Petitioners pertaining to the land in sy No.2i4lpart 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. c1/2263 of 2014 dated 25109t20'14 pendingdisposal of the writ petition.disposal of the writ petition.

Counsel for the Petitioners: SRI NARESH REDDY CHTNNOLLACounsel for the Respondent Nos.1 TO 3 & 6: Gp FOR REVENUECounsel for the Respondent Nos.4&S: Gp FOR ENDOWMENTSCounsel for the Respondent No.7: SRI K.JAGAN MOHAN REDDY, SC

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMARWRIT PETITION No.11252 of 2O2L

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ORDER:

karned counsei for the petitioners filed a letter dated26.12.2022 in the Registry seeking permission of this Court towithdraw the writ petition with liberty to the pelitioners to hle afresh writ petition.

2. This Court by an order dated 28.04.2021 grattedinterim direction as prayed for in I.A.No.1ot 2O2l in W.P.No.11252of 2021. However, this Court made it clear that any registrationpursuant to the said interim order is only a provisional one andthe same is subject to the final result of writ petition; and that thepetitioners shall not claim any equities in the event any adverseorders are passed against them and no equities would accrue tothe purchasers.

3. In view of the fact that since the petitioners areseeking permission of this Court to withdraw the writ petition, anyregistration that had taken place in respect to the subject propertyafter order, dated 28.04.2O21 passed by this Court, shall standcancelled and respondent No.6 shall take necessary consequentialsteps.

4. Accordingly, this Writ Petitioa is dismissed aswithdrawn granting liberty as sought for by the petitioners. Thereshall be no order as to costs.

Miscellaneous applications, if any, pending in this writpetition, shall stand closed.

so/-A.v.s.RASADASSISTANSTRAR//TRUE COPY//sEcNFFICER

To1Two CCs to GP [FOR REVENUE, High Court for ]the State [of ][Telangana, ]atHvderabad. [OUT]1Two CCs to GP [FOR REVENUE, High Court for ]the State [of ][Telangana, ]atHvderabad. [OUT]2Triyo CCs to GP [FOR ENDOWMENTS, High Court for ]the State [of ][Telangana,]at Hyderabad. [OUT]at Hyderabad. [OUT]3One'CC to SRI NARESH [REDDY ]CHINNOLLA, [Advocate ][OPUC]4One CC to SRI [K.JAGAN MOHAN REDDY, ][Advocate ][OPUC]5Two CD CoPies4One CC to SRI [K.JAGAN MOHAN REDDY, ][Advocate ][OPUC]5Two CD CoPiesPSK.BSBS

6SR

I

HIGH COURT

DATED:3011212022

ORDER

WP.No.11252 of 2021

DISMISSING THE WRIT PETITIONAS WITHDRAWN WITHOUT COSTS.

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