Telangana High Court
WP/11606/2021 of Sri Veerannagari Gautham Reddy Vs The State of Telangana on 30 December 2022
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 WRIT PETITION NO: 11606 OF 2021 Between: 1. Sri Veerannagari Gautham Reddy, S/o Narender Reddy Aged 50
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 KUMARWRIT PETITION NO: 11606 OF 2021
Between:
1. Sri Veerannagari Gautham 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 Osmmiaged about 44 yearc H No ['16-10-'t/2/A,/1 ], Re road. Nlalakpet, 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 Osmmiaged about 44 yearc H No ['16-10-'t/2/A,/1 ], Re road. Nlalakpet, Hyderabad.2. Smt Veerannagari Chaitanya Reddy @ Simhadri Chaithnaya Reddy, D/oV Narender Reddy W/o Simhadri Kiran aged 48 years Rl/o 8700, CarriageHills Road Savage MN 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 W/o Simhadri Kiran aged 48 years Rl/o 8700, CarriageHills Road Savage MN 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, Rep by Sri Gandra Srinivas Rao S/o late G.NarsingRao aged 47 yearc, Occ Business R/o.1-4-180/A1 Sl2. Old Alwal, OppLayola College. B.H.E.L Colony, SecunderabadRao aged 47 yearc, Occ Business R/o.1-4-180/A1 Sl2. Old Alwal, OppLayola College. B.H.E.L Colony, Secunderabad4. Pusukuri Sri Krishna, S/o Vijaya Ranga Rao, Aged 22 Yrs Occ: StudentNo 1-2113, Abbapuram, Karimnagar 505 532No 1-2113, Abbapuram, Karimnagar 505 532
...PETITIONERS
AND'1 . The State of Telangana, Rep. by Principal Secretary, RevenueDepartment. Secretariat Buildings, Secretariat, Hyderabad.Department. Secretariat Buildings, Secretariat, Hyderabad.
2. The District Collector, Medchal-Malkajgiri District
3. The Commissioner and lnspector General of Registrations and Stamps.,Telangana HvderabadTelangana Hvderabad
4. The Commissioner, Telangana Endoments Department,Boggulakunta,Abids, HyderabadAbids, Hyderabad
5. The Assistant Commissioner, Endowments Department Ranga ReddyDistrictDistrict
6. Thashildar Cum Sub Registrar,Shameerpet Mandal lVledchal MalkajgiriDistrictDistrict7. Sri Seeta Rama Swamy Temple 3-35, Devara.ja lvlandal Ameerpet MandalMedchal-Malkalgiri District ...RES'.NDENTSMedchal-Malkalgiri District ...RES'.NDENTS
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 Mandamus
i)declaring the inclusion of Petitioners lands in Memo No. G112263 of 2014 dated25-09-2014 sent Respondent No.3 to respondent No.6 as unlawful,unconstitutional and violative of petitioners constitutional rights and set aside suchinclusion
ii) Declare the said Memo No. G112263 of 2014 dated 25-09-2014 in so far as thepetitioner's lands as ultravires endowment Act, Registration Act apart from beingunconstitutional and strike down the said Memo No. G1/2263 of 2014 dated2510912014.
iii) Declare the action of respondent No.6 in taking note of such illegalcommunication sent by respondent No.3 and thereby not registering andreleasing the documents presented by the [petitioners ]relating to the landpresented by the petitioners in respect of land in Sy No.214lPart to an extent ofAc.0-04.132 guntas situated at Davaryamjal Village, Shameerpet Mandal,Medchal-Malkalgiri District as illegal, arbitrary, unconstitutional, ultra-viresRegistration Act and set aside such action;
iv) Resultantly direct the respondent No.6 to forthwith register and release thesale deed which was presented by the petitioners and direct the respondents notto interfere with the petitioners rights in any mannerlA NO: 1 OF 2021
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Arguments
Petition under Sr:ction 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased tofo(hwith regisler and release the document which was presented by thePetitioners pertaining to the land in Sy No.214lPart to an extent of Ac.0-04,132guntas situated at Davaryamjal Village, Shameerpet Mandal, Medchal-MalkajgiriDistrict without referen,;e to the communication of the 3rd respondent issued videMemo No. G112263 of 2O14 dated 25-09-2014 pending disposal of the writ petitionCounsel for the Petitioner: SRl. NARESH REDDY CHINNOLLACounsel for the Respondents No.'1,2 &6: GP FOR REVENUECounsel for the Respondents No.4&5: GP FOR ENDOWMENTSCounsel for the Respondents No.3: cP FOR REGISTRATION AND STAMPSCounsel for the Respondents No.7: SRl. K. JAGAN MOHAN REDDY,SC FOR ENDOWMENTS
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMARWRIT PETITION No.11606 of 2O2l
ORDER:
Learned counsel 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 petitioners to file afresh writ petition.
2. This Court by an order dated 29.O4.2O2 1 grantedinterim direction as prayed for in I.A.No.l of 2O2l in W.P.No. 1 1606of 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 tothc 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 29.04.2021 passed by this Court, shall standcancelled and respondent No.6 shall take necessary consequentialsl eps.
4. Accordingly, this Writ petition 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.petition, shall stand closed.
SD/- K. AMMAJIASSISTA\T REGISTRAR//TRUE COPY// \SECNON OFFICER
To,
1. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana,atHyderabad [OUT]Hyderabad [OUT]
[OUT]2. Two CCs to GP FOR REGISTRATION AND STAMPS,H|gh Court for theState of Telangana,at Hyderabad [OUT]State of Telangana,at Hyderabad [OUT]3. Two CCs to GP FOR ENDOWMENTS Court for the State of,High ,High Telangana,at Hyderabad [OUT]
[OUT]4. One CC to SRI NARESH REDDY CHINNOLLA , Advocate [OPUC]5. One CC to SRI K. JAGAN MOHAN REDDY, SC for Endowments [OPUC]6. Two CD copies5. One CC to SRI K. JAGAN MOHAN REDDY, SC for Endowments [OPUC]6. Two CD copiesBM
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DATED:3011212022
ORDER
WP.No.11606 of 2021
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DISMISSING THE WRIT PETITION WITHOUT COSTS
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