✦ High Court of India · 10 Jun 2025

High Court · 2025

Case Details High Court of India · 10 Jun 2025
Court
High Court of India
Decided
10 Jun 2025
Length
1,688 words

3. The Chief Executive Officer, Zilla Parsih 4. M/s Shriram Chit Funds Private Funds L.] Floor., inside Ashok Lodge, Mukarampu] by its Foreman / M. Thanaji s/o Gopal. a Karim nagar District pd Hig School, Peddapally District imited, Door No. 2-8-233, Ground ia, Karimnagar District, Represented ged 29 years Rl/o Mukarampura, 5 M/s Shriram Chit Funds Private Funds Lf mited, Door No. 2-8-233, Ground Floor, lnside Ashok Lodge, Mukarampurp, Karimnagar District, Represented by its Senior Manager G. -Jangaiah s/o Gangaram,40 years, RL/o Mukarampura,KarimnagarDistrict 6. The Commissioner for Cooperation and #70. Nizam Shahi Rd, Gruhkalpa Buildiri 7. State of Telangana, represented by its fl Cooperation Secretariat Buildings, HydeJ 8. Athikam Venkatesham, S/o, Ramulu Agq Burugupally Village. Boinpally Mandal Ki pincipal Secretary, Agriculture and Registrar of Cooperative societies, gs, Nampally Hyderabad, Telangana pd 29 years, Business, Ri/o H.No.1-88 hrimnagar District I Petition under Article 226 of the Con! circumstances stated in the affidavit filed I Ititution of lndia praying that in the lherewith, the High Court may be ...RESPONDENTS pleased to grant appropriate relief more in the nature of Writ of Mandamus under Arlicle 226 of the Constitution of lndia, declaring the Award in ARB No. 85612014 Dated 21 .04.2O16 in so far as it relates to recovering the amount either by sale of movable and immovable properties of the opponents or by attachment of salaries by another mode of execution as per law, as the petitioner failed to disprove the claim of the disputant / lack of evidence, when the party respondent himself drawn the prize amount is deemed to be evidence, without Taking steps to recover the amounts from party respondent .s concerned for receiving prized amounts, and treating the petitioner as soft target for easy recovery as arbitrary, illegal, hostile discrimination, malafide violating Article 14, 19 and 21 of the constitution of lndia, and cohsequential orders dated 06.03.2019 in EP No.5/2017 in ARB No. 85612014 in so far as it relates to directing the respondent to attach the salary of the petitioner despite subsisting of Docket orders dated 06.03.20'19 in EP No. 5/2017 and issuing warrant and posting the matter for further hearing on 1 0.04.20't 9 without Completing the complete trial as equally arbitrary. illegal, and erroneous and set aside the same lA 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 proceedings in Pursuance of warrant in E.P. No. 5 of 2017 in ARB No.B56/2017 dated 06.03.20'19 passed by, the Honorable Principal Senior Civil Judge, At Karimnagar including attachment of salary by the 1st respondent is concerned, pending disposal of the writ petition. Counsel for the Petitioner: SRl. SRINiVAS KUDUMULA(NOT PRESENT) Counsel for the Respondent Nos.1,6&7: GP FOR COOPERATION Counsel for the Respondent NOs.2&3: SRI G. NARENDER REDDY SC FOR ZP Counsel for the Respondent Nos.4&5: SRI K. MAHESWARA RAO Counsel for the Respondent No.8: -- WRIT PETITION NO: 264 OF 2020 Between: Smt. Galeti Suguna, Wo. Nagaraju, Aged about 35 years, Occ- Service, R/o. SRT-932, 3rd Floor, Sanathnagar, Hyderabad AND 1 2 The State of Telangana, Rep. by its Prl Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad. The Commissioner for Cooperation and Registrar of Cooperative Societies, Road No.'17, Nizamshahi Road, Gruhakalpa building, Nampally, Hyderabad. ...PETITIONER

3. The Chit Arbitrator/Deputy Registrar of Chits, Rep.by its District Registrar, Rangareddy District, Hyderabad. 4 The tVl/s. Kapil Chits(Hyderabad) erivati Ltd., L.B Nagar Branch, Rep. by its Divisional Manager, K. Praveen Kumar, S/o. Murali, Fl/o. Hyderabad. ...RESPONDENTS Petition under Article 226 of the Coristitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or orders on{ in the nature of Writ of Mandamus declaring the award in ARB. C.F No. 635 of p016 dated 18i06/2018 in so far as it relates to recovering the amount by attachtnent of salary without following due procedure contemplated under law and a6 per the judgment of the Hon'ble Division Bench of this Hon'ble Court in Crp.Nb.5236, 574'l and 5753 of 2016 order dated- 1410312017 and reported in 2017 (3) 4LD 387 (DB) as arbitrary, illegal and violation of Article 1 4, 19 and 21 ol lhe Cofrstitution of lndia and consequential orders dated- 1911112019 in E.P No. 364 of N019 in ARB. C.F No.635 of 2016 is arbitrary, illegal and erroneous and set aside lhe same lA NO: 1 OF 2020 Petition under Section 151 CPC pr"yirig that in the circumstances stated in the affidavit filed in support of lhe petition, thp High Court may be pleased to stay all further proceedings in E.P No. 364 of 2019 in ARB. C.F No. 635 of 2016 order dated 19h112019 in the 7th Senior Civil Judge Court, City Civil Court, at Hyderabad including attachment of salary by the Respondent No.4i Petitioner herein pending disposal of the Writ Petition lA NO: '1 OF 2024 g that in the circumstances stated in Petition under Section 151 CPC prayin the High Court may be pleased to the affidavit filed in support of the petition, Respondent No.6 in the above Writ implead the proposed Respondent herein as partment of Respondent No.s not to Petition and also direct the administration de lachment as the E.P.No.364 of 2019, deduct this respondents salary under court atl dated: '19.11.2019 in ABR. C.F.No. 635 of 2q16 passed by Vll Senior Civil Judge Court, City Civil Court, Hyderabad as already granted stay by this Hon'ble Court in l.A.No. 1 of 2020 in W.P.No. 264 ot 2020, pated: 10.0'l .2020. (The stay is still subsisting) lA NO: 2 OF 2O2O I Between: Smt. Galeti Suguna, Wio. Nagaraju, Ag$d about 35 years, Occ- Service, Fi/o. SRT-932, 3rd Floor, Sanathnagar, Hydelabad I ...PETITIONER/PETITIONER AND 1 The State of Telangana, Rep. by its Prl Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad. 2 3 4 The Commissioner for Cooperation and Registrar of Cooperative Societies, Road No.17, Nizamshahi Road, Gruhakalpa building, Nampally, Hyderabad. The Chit Arbitrator/Deputy Registrar of Chits, Rep.by its District Registrar, Rangareddy District, Hyderabad. M/s. Kapil Chits(Hyderabad) Private Ltd., L.B Nagar Branch, Rep. by its Divisional Manager, K. Praveen Kumar, S/o- Murali, R/o. Hyderabad. ...RESPONDENTS/RESPONDENTS 5. Nizam's lnstitute of Medical Sciences, (A University Established Under State Act), Rep. by its Director, Hyderabad - 500082, Telangana ...PROPOSED RESPONDENT/RESPONDENT NO.5 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 permit the petitioner to implead the proposed respondent No.5 as a party respondent No.5 in W.P.N0.26a of QO20 as well as lA lA NO: 3 OF 2020 Between: M/s. Kapil Chits(Hyderabad) Private Ltd., L.B Nagar Branch, Rep. by its Divisional Manager, K. Praveen Kumar, S/o. Murali, Rl/o Hyderabad. ...PETITIONERY4TH RESPONDENT AND 1 Smt. Galeti Suguna, Wo. Nagaraju, Aged about 35 years, Occ- Service, Rl/o. SRT-932, 3rd Floor, Sanathnagar, Hyderabad ...PETITIONERYRESPONDENT 2 3 4 The State of Telangana, Rep. by its Prl Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad. The Commissioner for Cooperation and Registrar of Cooperative Societies, Road No.17, Nizamshahi Road, Gruhakalpa building, Nampally, Hyderabad. The Chit Arbitrator/Deputy Registrar of Chits, Rep.by its District Registrar, Rangareddy District, Hyderabad. ...RESPONDENTS/RESPONDENTS 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 vacate the interim stay dt. '10-01-2020 in l.A no. 1 of 2020 in WP No. 264 ot 2020 granted by this Hon'ble Court, and dismiss the WP No. 264 of 2020 Counsel for the Petitioner: SRl. BONDEMPALLY RAMULU Counsel for the Respondent Nos.1 &2: GP fOR COOeenelOru Counsel for the Respondent No.3: Gp FOR ISTAMpS AND REGISTRATION Counsel for the Respondent No.4: SRI BALpURI SRIN|VAS Counsel for the Proposed Respondent No M/s. OM LAW FIRM The Court made the following: COMMON ORDER 1 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION N os.27897 of 2(.l-19 and 264 of 2O2o COMMON ORDER: These rvrit petitions are coming for hearing since 2019 and 2020 respectiveiy. on og.o4.2025, when the matters were ca-lled, there was no representation on behalf of the petitioners, and therefore the matters rvere directed to be listed today under the cerption ,,for Dismissal,,. Even today, when the matters are called, there is no representation on behalf of thr: petitioners. It scems that the petitioners are not interestcd to prosecute this case. 2. Accordingly, the Writ petitions are dismissed for Non-prosecution/default. There sha_U be no order as to costs. Pending miscellaneous applications, if anv in these petitions, shall stand closed. //TRUE COPY// SD/-S. MALLIKA S EISTANT RJUNA RAO REGISTRAR SECTION OFFICER To,

1. One CC to SRl. SRINIVAS KUDUMULA Advocate [OPUC] 2. One CC to SRI G. NARENDER REDDY SC FOR ZP [OPUCI 3. One CC to M/s. OM LAW FIRM Advocate TOPUCI 7 \ 4 5 6 7 I One CC to SRI BALGURI SRINIVAS Advocate IOPUCI One CC to SRl. BONDEMPALLY RAMULU Advocate [OPUC] One CC to SRI K. MAHESWARA RAO fldvocate [OPUCI Two CCs to GP FOR COOPERATION lHigh Court for the State of Telangana. [OUT] Two CCs to Gp for Stamps and Registiations, High court for the State of Telangana at HYderabad. [OUTI

9. Two CD CoPies KKS LS s HIGH COURT DATED:1 010612025 j 14; ,,,4: t'- I ) 2 2 AU6 206 ( ., \ ,./ \ COMMON ORDER WP.No.27897 of 2019 AND 264 OF 2020 DISMISSING THE WRIT PETITIONS FOR NON.PROSECUTION WITHOUT COSTS & €

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