Telangana High Court

CC/1693/2023 of Modala Mallesh Vs K. Subramanyam on 29 December 2023

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THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN REVIEW APPLICATION NO,O,I OF 2023 lN WRIT PETIT|ON NO.270s4 0F 2015 AND CONTEMPT CASE NO.1693 OF 2o23 REVIEW

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE K. LAKSHMAN

REVIEW APPLICATION NO,O,I OF 2023 lN WRIT PETIT|ON NO.270s4 0F 2015AND CONTEMPT CASE NO.1693 OF 2o23

REVIEW APPLICATION NO.O1 OF 2023 IN W.P.NO.27054 0F 2015

Between:

Union Bank of lndia, Miryalaguda 3-Branch, Erstwhile Andhra Bank, Ashok NagarBranch, Miryalaguda, Nalgonda District, represented by its Branch Manager.

, ..PETITIONER

AND

1. Modala Mallesh, S/o Venkaiah, Aged about 31 years, resident of D.No.7-157212, Bagatugadda, Miryalaguda, Nalgonda District157212, Bagatugadda, Miryalaguda, Nalgonda District

2. Modala Swathi W/o Mallesh, Agea about 27 years, resident of D.No.7-1 57 212, Bangarugadda, tvlirya laguda, Nalgonda District.1 57 212, Bangarugadda, tvlirya laguda, Nalgonda District.

...RESPONDENT No.1 &2/PETITIONERS

3. The District Collector, Nalgonda District at Nalgonda District.

4. The Joint Director of Aqriculture, Prakasam Bazaar, Nalgonda, NalgondaDistrictDistrict

5. The Tahsildar, Anumala Mandal, Nalgonda District.

6. The State of Telangana, represented by its, Principal Secretary, Departmentof Agriculture And Cooperation (Agr-ll) Department, Telangana Secretariat,Hyderabad.of Agriculture And Cooperation (Agr-ll) Department, Telangana Secretariat,Hyderabad.

...RESPONDENT Nos.3 to 6/RESPONDENT NOs.2 to 5 in W.P

Petition filed under Section 15'1 of C.P.C praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to modify/clarify the orders d1.27 -O9-2O22 in W.P.No.27054 of 2015, inthe interest of [justice.]

wRtT PET|T|ON NO.27054 0F 2015

Petition under Article 226 of the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Cou( may bepleased to issue a writ, order or direction more particularly one in the nature ofwrit of Mandamus declaring the action of the respondents in not waivingagricultural crop loan in Account No.78730100028748 of the [petitioner ]in terms ofthe loan waiver documenUorder dated 30-09-2014 issued under agricultural loanwaiver scheme-2014 by the Government of Telangana and issuing the registerednotice dated 07-08-2015 by the ls respondent Bank proposing to auction the goldarticles kept as security against the said loan as the same is arbitrary, illegal andviolative of the G.O.Rt.No.69 dated 13-08-2014 issued by the Government andconsequently direct the respondent ['1 ]to withdraw the auction notice dated07-08-2015 as also all the respondents to implement loan waiver Scheme inrespect of agricultural crop loan in Account No.78730100028748.

C.C NO: 1693 OF 2023

Between:

1. Modala Mallesh, Sio Venkaiah, Age. 32 years, presently H.No. 28-1062,Vidyanagar, Miryalaguda, Nalgonda District. ( Previously residing at D No. 7-157212, Bangarugadda, Miryalaguda Nalgonda DistrictVidyanagar, Miryalaguda, Nalgonda District. ( Previously residing at D No. 7-157212, Bangarugadda, Miryalaguda Nalgonda District

2. Modala Swathi, W/o Mallesh, Age. 28 years, presently H.No. 2B-1062,Vidyanagar, Miryalaguda, Nalgonda District. ( Previously residing at D No. 7-1 57 21 2, Bangarugadda, Miryalaguda Nalgonda DistrictVidyanagar, Miryalaguda, Nalgonda District. ( Previously residing at D No. 7-1 57 21 2, Bangarugadda, Miryalaguda Nalgonda District

...PETITIONERS

AND

K. Subramanyam, Branch Manager , Union Bank of lndia, Blue Whale Palace,Reddy Colony, Miryalaguda Branch-3, Miryalaguda, Nalgonda District 508207

...CONTEMNORS

Petition under Sections 10 lo 12 of Contempt of Courts Act 1971 prayingthat in the circumstances stated in the affidavit file herein the High Court may bepleased to punish the respondent herein for the Contempt of this Honble Courtfor violating the order dated 27.09.2022 in \NP No. 2705412O15 deliberately andwillfully.

Counsel for the Review Petitioner/Respondent No.1 in W.P.No.27054 ot 2015 : SMT V. DYUMANI, [(SC ][FOR ][UBI)]

Counsel for the Respondent Nos.1 and [2]Mrit Petitioners: SRI. PASHAM RAVINDRA REDDYCounsel for the Respondent Nos.3to6/Respondent Nos.2to5 in W.P.No.27054 of 2015: Smt.A.SUNITHA,ASST. G.P FOR THEADDL.ADVOCATE GENERAL

The Court made the following: ORDER

HON'BLE SRI WSTICE K. LAKSHMAN

REVIEW APPLICATION NO.OI OF 2023 IN WRIT PETITIONNO.27054 0F 2015 AND CONTEMPT CASE NO.1693 0F 20.23

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COMMON ORDER:

Heard Smt.V. D5rumani, learned counsel appearing for the review petitioner / respondent No.1 inW.P.No.27054 of 2015, Sri Pasham Ravindra Reddy,learned counsel appearing for respondent Nos.7 and 2 Iwrit petitioners and Smt.A. Sunitha, Iearned AssistantGovernment Pleader representing learned AdditionalAdvocate General for respondent Nos.3 to 6 / respondentNos.2 to 5 in W.P.No.27054 of 2015.

2. This review application is hled to modify / clarify theorder dated 27-O9-2O22 in W.P.No.27O54 of 2015. Videaforesaid order this Court allowed the said Writ Petitionand directed respondent No.1 therein / rerriew petitionerto refund the amount of Rs.1,47,835/- along w'ith interestto the writ petitioners within four (4) weeks from the date a [copy ][of ][the ][said order. ][Review ][petitioner ][is]of receipt of the [said ][order ][on ][the ][followrng grounds:]seeking review of

i. Review petitioner bank [is ][only ][intermediary']

ii. Scheme is formulated [by ][the ][State Government']

iii. Scheme is limited [only ][for ][Rs'1,OO,OO0/-' Therefore,]without concurrence [of ][respondent Nos'2 ][to ][6 ][herein,]who framed the scheme, [review ][petitioner ][herein]cannot refund the [aforesaid ][amount']without concurrence [of ][respondent Nos'2 ][to ][6 ][herein,]who framed the scheme, [review ][petitioner ][herein]cannot refund the [aforesaid ][amount']

3. Whereas Sri [Pasham Ravindra Reddy, ][learned]counsel appearing for [rcspondent ][Nos.1 ][and ][2 / *tit]would submit [that ][the review ][petitioner ][herein]petitioners may be directed to [refund the ][a-foresaid ][amount and ][claim]the said amount from [respondent Nos.2 ][to 6 herein']

4. Smt.A. Sunitha, [learned ][Assistant ][Government]

Pleader representing [learned ][Additional ][Advocate General]for respondent Nos.3 [to ][6 ]I [respondent ][Nos'2 ][to ][5 ][in]W.P.No.27O54 of 2Ol5 [would ][submit ][that ][the ][scheme ][is]formulated by the [State Government ][and ][guidelines ][were]issued vide [G.O.Rt.No.69 ][dated ][13-08-2OI4' ][As ][per ][the]

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said guide lines review petitioner herein is onlyintermediary, therefore, concurrence is required for reviewpetitioner to refund the said amount.

5. In the light of the aforesaid submissions and also

considering the guidelines issued by respondent No.5 inW.P.No.27054 of 2OL5, Review Application No.01 of 2023is ordered and order dated2T-O9-2O22 in W.p.No.2TOS4 of2015 is modified and review petitioner herein is directed torefund the aforesaid amount of Rs. 1,47,935/- along withinterest to the writ petitioners within three (3) weeks fromthe datc of rcceipt of a copy of this order in concurrencewith respondent Nos.3 to 6 herein / respondent Nos.2 to 5in W.P.No.27054 of 20 l5 in terms of guidelines issued byrespondent No.5 in W.p.No.27054 of 2OLS videW.P.No.27054 of 2OL5, Review Application No.01 of 2023is ordered and order dated2T-O9-2O22 in W.p.No.2TOS4 of2015 is modified and review petitioner herein is directed torefund the aforesaid amount of Rs. 1,47,935/- along withinterest to the writ petitioners within three (3) weeks fromthe datc of rcceipt of a copy of this order in concurrencewith respondent Nos.3 to 6 herein / respondent Nos.2 to 5in W.P.No.27054 of 20 l5 in terms of guidelines issued byrespondent No.5 in W.p.No.27054 of 2OLS videG.O.Rt.No.69 dated 13-08-2014.

6. Contempt Case No.1693 of 2023 is closed graltingIiberty to the petitioners to file fresh Contempt Case. Thereshall be no order as to costs. ,"'., I

As a sequel, the [miscellaneous ][petitions, ][pending ][if]

shall stand [closed.]any,

SD/- K.SHYLHIDEPUTY [REGIS]//TRUE [COPY//]ICERSECTION

tf' ,n" Branch ltilanag

,n" Branch \;Irffi

" [lvot"*o ][tSBlo' ][tooo"'ation' ][High ][court ][for ][the ][state ][of ][relangana ][at]sc FoR [uBr ]toPUCl;. BXl"tt?SJHUIJ 'ru"ni' 11.Two [CD CoPies']BSK

I

HIGH COURT

DATED: 2911212023

CC TODAY

COMMON ORDER

REVIEW APPLICATION NO.O1 OF 2023IN WRIT PETITION NO.27054 OF 2015ANDCONTEMPT CASE NO.1693 OF 2023

1HE [si4]14:(\Jo}.,0;l!.1;I* t).l

ORDERING THE REVIEW APPLICATION NO.O1 OF2023IN WRIT PETITION NO.27054 OF 2015 ANDCLOSING THE CONTEMPT CASE NO.1693 OF 2023WITHOUT COSTS

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