The High Court · 2025
Case Details
The Sub- Registrar, Husband, Door.no 9-19, StreeU Locality' Husnabad' HusbandTowh and Mandal, Siddipet District 505467. Aleti Devendar Reddy, S/o: late Malla Reddy, Aged 65 years, Occ: Business, Ryo H.No.1-1-444, Sri Santhoshi Nilayam, Prashanth Nagar, Beside Seetha Ram Chandra Swamy Temple, Hanmakonda, Warangal District 506001. ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent. no 3 not consider the representation dl:o7lo1t2o21 given by the petitioner is arbitrary, illegal in violation of constitution of lndia and consequently direct the Respondents consider the representation 07 1O112021 given petitioner. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court rr ry be pleased to direct the Respondents disposed the representation dt 07lt) | ,'2021 given by the petitioner pending disposal of the writ petition. Counsel for the Petitioner: SRI V. SRIKANTHA RAO Counsel for the Respondent Nos.1 to 3: GP FOR REVEN - E. Counsel for the Respondent No.4: SRI B. SRIKANTH, REt RESENTING SRI ALLADI RAVINDET The Court made the following: ORDER r) THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.8O4 OF 2O2l ORDER: ; This writ petition is filed with the following prayer "...to issue a Writ, Order or Direction more particularly one in the nature of Wrrt of Mandamus declaring the action of the Respondent No 3 not consider the representation dt. O7 lOll2O2l given by the petitioner is arbitrary, illegal in violation -of Constitution of lndia and consequently direct the Respondcnts consider the rcpresentation 07/Oll2o2l given pctitioner ald pass such other order or orders as this Honble Court may deem fit and proper in the circumstalce of the case".
2. Heard Mr. V.Srikantha Rao, learned counsel for petitioner and Mr. B.S'rikanth, learned counsel representing Mr. Aliadi Ravinder, learned counsel for respondent No.4 It is the case of petitioner that he entered an 3. agreement of sale on 02.08.2020 for an extent of land admeasuring Ac.5.20 guntas in Sy.Nos'55, i29, 130, 131 a-nd 132 situated at Potharam village, Husnabad Mandal, Karimnagar District (now Siddipet District)' It is further case of petitioner that he paid an amount of Rs'2,00,000/- as advance and arr amolrnt of Rs.3,00,OOO/- by way of a 2 JAK,J wP 804 2021 cheque bearing No.OO0043 drawn on {DFC Balk, Husnabad Branch dated 10.08.2020. It is a1 ;o the case of petitioner that he has to pay an amount of ts.5,00,0O0/- on 20.08.2020 and the balance of sale cc,r rsideration of Rs.80,00,000/ within four (04) months frcrr the date of agreement 4 . The total sale consideration was for R s .90,00 ,OOO / - . It is the case of petitioner that though suffi,: e,nt time was available and he was willing to pay Rs.B[ ,00,000/- in advance, respondent No.4 refused to execute he registered sale deed. That he got issued a legal notice r> r 15.10.2020 to that respondent No.4 for execution of r t g;istered sale deed after receiving ba,lance of consideration.
5. It is pointed out that CO.S.No.I of 202( was filed in the Court of Principal District Judge-cr-rrr -Commercial Court, Karimanagar, for specific performanc < and sought for interim injunction. That Commer: ed Court-I, Karimanagar only issued urgent notice. I _ is further pointed out that on 07.Ol.2O2l, petitione: approached respondent No.3 i.e., Sub-Registrar, Husnal eLd, macle a i I Ii J .IAK,.I wP 804 2021 representation to refuse to entertain the sale deed presented by respondent No.4 and that respondent No'3 did not consider the representation for refusing to entertain the sale deed presented by respondent No'4' hence' the writ petition. lrarned counsel for petitioner submitted that 6. CO.S.No. I of 2O2O u'as filed by petitioner herein as a plaintiff, arraying respondent No'4 as defendant' That the suit for specific performarce ol contract and other reliefs under Section 26 Order VII Rule 1 & 2 of CPC is pending consideration in the Court of Principal District Judge-cum- Commercial Court, Karimnagar, numbered as CO'S'No' 1 of 2O2O. It is further submitted that said case is transferred to the Principal District Judge Court of Siddipet bearing O.S.No.25 of 2024 and the said suit is pending consideration. Learned counsel submitted that petitioner would 7 . pursue his remedies in accordance with law and may be permitted to do so. I Ir 1t i I 1 I t- I 4 JAK,J wP 804 2021
8. Learned counsel for respondent No.4 rils submitted that there r,r'ere disputes between petitioner rr id respondent No.4 with regard to pa1,mgn1 and that tir, satd suit for specific performance IS pending before tr: appropriate Court
9. Heard learned counsels, perused rlr record ald considered the submissions
10. The entire issue revolves around thr agreement of sale with respect to land admeasuring Ac.:r:10 guntas at Potharam Village, Husnabad Mandal, Karinr ragar District (present Siddipet District) 1 1. Be that as it may, strit for specihc pr:r I trmance filed by the petitioner herein against respon<ir: rt No.4 with respect to the same issue rs pending consi<l .ration before the Court
12. As the issue of rejection by the Sub Rr e,istrar is not pressed, this Court is of the considered opinion that interests of justice rvould be met, if petitionc is permitted to avail the remedies in accor*1q4ce with law 5 JAK,J wP 804 2021
13. With the above observations, writ petition 1S dismissed. No costs. Miscellaneous applications pending, if any, shall stand closed. SD/. AH MED ABDU LLA KH SISTANT RE //TRUE COPY// SECTION OFFICER
1. One CC to Sri V Srikantha Rao' Advocate [OPUCI ' ? Two CCs to GP-for Revenue' High Court for the State of Telangana' at 3. One CC to Sri Alladi Ravinder' Advocate[OPUCD] 4. Two CD CoPies HYderabad [OU l1 To. TJ, TKS d- I I I I l HIGH COURT DATED:2010812025 ORDER WP.No.804 of 2021 Y\ o() * oB 1l E SI4 1 rt : i:8 2026 2 c)), 't ,'-a^r'1iQ ':='-? DlSMISSING THE WRIT PETITION WITHOUT COSTS * (r N\*