Buchagari Ellamma v. 1. The State of Telangana

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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents 2 to 7 in not realizing Mortgage Deeds/Bonds of the petitioner's land to the extent of Ac.2-03 gts. in Sy.Nos.918/LU and 949/AA, situated at Kolanupaku Village, Alair Mandal, Bhuvanagiri Division, Yadadri Bhuvanagiri District inspite of the loans obtained by the petitioner for purchasing the said lands, are rirraived off by the Respondent No.2 has been confirmed by the Respondent No.3 as illegal, arbitrary, unjust, unreasonable, against the principles of natural justice and violative of Article 14 and 3004 of the constitution of rndia, consequenfly direct the respondents forthwith to rerease the Mortgage Deed/Bonds of the petitioner,s rand to the extent of Ac.2-03 gts. in sy.Nos.g18/LU and g4gr\A, situated at Koranupaku Village, Arair Mandar, Bhuvanigiri Division, yadadri Bhuvanagiri District, by issuing the crearance retters to the Registering Authcrities, i.e. Respondents 5 to 7 in the interest of justice and equity. lA NO: 1 OF 2025 petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents forthwith to rerease the Mortgage Deed/Bonds of the petitioner's rand to the extent of Ac.2-03 gts. in s,7.Nos.g1B/LU and g4g/AA, situated at Koranupaku Vi age, Arair Mandar, Bhuvanagiri Division, yadadri Bhuvanagiri District by issuing the crearance retters to the Registering Authorities i'e. Respondents s to 7 in the interest of justice and equity, pending disposar of the main writ petition. Counsel for the petitioner: SRI GARLAPATI PRASHANTH Counsel forthe Respondent No.1, 6 & 7: AGp FOR REVENUE counsel for the Respondent No.2 to 5: sRr s.sRrNlvAS, sc FoR sscFcL The Court made the following: ORDER HON,BLE MRS JUSTICE SUREPALLI NANDA w TP TION No. 2L84 of 2 25 ORDER: Heard Sri Garlapati Prashanth, learned counsel appearing on behalf of petitioner, Iearned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos'l, 6 & 7 and Sri S'Srinivas learned standing counsel appearing on behalf of the respondent Nos'2 to 5' P ERU s DT ECORD 2 The petitioner approached the Court seeking the prayer as follows: "......to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents 2 to 7 in not realizing Mortgage Deeds/Bonds of the petitioners land to the extent of Ac.2-03 gts in Sy.Nos.91B/LU and 949/AA situated at Kolanupaku Village, Alair Mandal Bhuvanagiri Dlvision, Yadadri Bhuvanagiri District in spite of the loans obtained by the petitioner for purchasing the said lands are waived off by the Respondent No.2 has been confirmed by the ,;l '.*,- -:::!rc -i*;rr:;.;tryt-i:-- :- 2 u nj ust, of India forthwith illegal, arbitrary, the principles of Respondent No.3 as un reasona ble against natural justice and violative of Article 14 and :i00A of the Constitution consequenUy direct the respondents to release the Mortgage Deed/Bonds of the petitioners land to the extent of Ac.2-03 gts in Sy Nos.9IB/LU and 949lAA situated at Kolanupaku Village, Alair Mandal, Bhuvanagiri Division, yadadri Bhuvanagiri District by issu ing the clearance letters to the Registering Authorities, i.e., Respondents 5 to 7 in the interest of justice and equity and pass...;, 3' It is further represented by the rearned counser appearing on behalf of the petitioner that, the subject issue in the present Writ petition is squarely covered by the order of this Court dated 14.12.2023 passed in W.p.N..31 445 of 2023 and hence, the present writ petition could be disposed of in terms of the order of this Court dated 14.12.2023 passed in W.P.No.31445 of 2023. 4 further submits that Learned counser appearing on beharf or the petitioner rn pursuance to the orders of this Court passed in W.p.No.3144S of 2023, the dated 14.12.2023 3 respondent Nos.2, 3 and 5 had even implemented the said orders and issued proceedings' dated 15'02'2024' vide Proc' No.C/1121lS Cl2O23, and hence' the petitioner herein stands similar footing, hence petitioner herein iS also entitled for the similarreliefaSextendedtothepetitionersinW.P.No.31445 of 2023.

5. Learned standing counsel appearing on behalf of the respondent Nos.2 to 5 does not dispute the said submissions made by the learned counsel appearing on behalf of the petitioner.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel appearing on behalf of the petitioner and learned standing counse! appearing on behalf of respondent Nos' 2 to 5 and for the reasons alike in the above referred order dated L4'L2'2O23 passed by this Court in W'P'No'31445 of 2O23' the Writ Petition is disposed of at the admission stage' directing respondent No.3 to release the mortgage deeds/bonds t I 4 executed by the petitioner in respect of the lands to an extent of Ac.2-O3 guntas in Sy.Nos.918,/LU and g4g/AA situated in Kotanupaku Village of Alair Mandal, Bhuvanagiri Division, yadadri Bhuvanagiri District by issuing clearance certificates to respondent However, there shalt be no order as to costs. No.5. M iscella neous petitions, if any, pencling shall stand closed. \ To, //TRUE COPY// SD/.V.KAVlTHA ASSISTANT REGISTRAR ,A TION OFFICER

1. The Principal secretary,Reven_ue Department, Dr. B.R. Ambedkar Terangana Secretariat Hyderabad, State of Telangana. Corporation Ltd., Hyderabad. - -

2. The vice chairman and. Managing Director, state scheduled caste Finance

3. The Executive Director, District Scheduled Development Society Ltd., Nalgonda.

4. The Executive Director, District Scheduled Development Society Ltd., Yadadri Bhuvanagiri Caste Service Co-operative Castr,' Service Co-operative

5. The District collector and chairman, District sc Senuice co-op Development Society Limited, Yadadri Bhuvanagiri District.

6. The Revenue Divisional officer, Bhongir Divison, yadadri Bhuvanagiri District. 7. The Tahsildar- cum- Sub Registrar, Alair Manderl, yadaclri Bhuvanagiri District. B. One CCto SRt cARLApATt PRASHANTH, Advocate tOpUCl 9. One CC to SRt S.SR|N|VAS, SC FOR SSCFCL tOpUCl 10.Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] 1 1 . Two CD Copies BSR GJP q, HIGH COURT DATED: 2810112025 ORDER WP.No.2184 of 2025 1 $E STlr€ J o k ) /t/ 1r i ;t:i ?025 o I -t-oesprrc' -\-:=-_;=:; DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE, WITHOUT COSTS \\