Rama Reddy 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 any wnt or order or direction more particularly one in the nature of Writ of Mandamus declaring inaction of the respondent No 2 in receiving, registering and releasing the sale deed in respect of plot bearing No.6B0 admeasuring '133 sq yds in Sy. Nos 187/AA/2, 'lB9/AA1 , 190lAA1 , 19312' '193/A/A, 195tA, 187tAA1 , 189/AA1, 1901A2, 19211lAA, 195iAA, 195A/A, 195A/A, 198/A, 199/A, 1911A, 191tElA, 192t1|E, 19311lE, 190lA2in block No '1 , Situated at Datta Township 3, l\/akthal Village, Narayanpet District presented by the petitioner, as illegal, arbitrary and u ncon stitutiona I consequently direct the respondent No.2 to receive , register and release the sale deed presented by the petitioner in respect of plot bearing No.680 admeasuring 133sq yds in Sy. No's. 187lAAl2, 189/AA1, 190/AA1 , 193t2. 193/A/A, 195/A, 1B7lAA1,'189/AA1.190tA2,192t1tAA,195/AA,195A/A, 195Ar\,198/A,199/A,191/ 4,191|E|A,192111E,193111E,190/A2 in block No.1, Situaterl at Datta Township 3, Makthal Village, Narayanpet District. |.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the r;ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue lnterim directions to the respondent No.2 receive , r::gister and release the sale deed presented by the petitioner in respect of plot bearing No.680 admeasuring 131) sq yds in Sy Nos 187 lAAl2. l9glAAl ,19)lAAl 19312, 193lAlA, 195tA, 187tAA1 , 189/AA 1,190tA2, 192t'1tAA, 195/AA, 195A/A, 1954/,4, 198/A, 199/A, 1911A, 191lElA, 19211lE, 193/1|E, 1901A2 in block No'l , Situated at Datta Township 3, Makthal Village, Narayanpet District pending d isposal of writ petition. Counsel for the Petitioner : SRI RAJAGOPALLAVAN TAYI Counsel for the Respondent Nos.1 & 2 : SMT S.SRAVANI Hl, AGP FOR REVENUE Counsel for the Respondent No.3 : Ms. BOKARAO SAPN/\ REDDY The Court made the following ORDER THE HONOURABLE SRT JUSTICE K.SARATH WRIT PETITION No.242L OF 2024 ORDER:

1. This Writ Petition is hled questioning the action of the respondent No.2 in not receiving, registering and releasing the sale deed in respect of lald admeasuring to an extent of 133 Sq.Yards situated in Sy.Nos.l87/AA/2, 189/AA1, tgolAAt, t9312, t93lA/A, t95lA, 187/AAt, t89lAA7, t9olA2, t92l t I AA, t9s/AA, t9s AlA, 195 AAIAA, r98/A, r98l AA,t99 I A, te1 I t lEl A, 1e2l 1 /tr, 1e2l t /8, te3l t lE and l9OlA2, Block No.1, in Sy.No.680, situated at Datta Township No.3, Makthal Village of Narayanpet District (hereinafter referred to as 'subject plot') apd sought a direction to the respondent No.2 to receive, register and release the sa-le deed in respect of the subject plot.

2. Heard Sri Rajagopailavan Tayi, learned Counsel for the petitioner, Smt. S. Sravanthi, learned Assistant Government Pleader for Stamps ald Registration and I \ --- 2 SK,J Ms. Bokaro Sapna Reddy, learned Standing Counsel for responde nt No.3 and perused the record. 3 The learned Counsel for the .iretitioner would submit that the respondent No.2 is not re,:eiving and registering the document submitted by the petitioner in respect of the subject land on the g;round that the respondent No.3 issued Provisional Attachment Order (PAo) 1n Order No.3i 12022 1n Proc.F.No.ECLRlHYZO,l04l2023 datecl 06.06.2022, wherein several properties of the vendor of the petitioner were attached 4 llhe iearned Counsel for the ;etitioner would further submit that as per the provisional i,rttachment order issued by the respondent No.3 the scl-Ledule property, which uras purchased by the petitioner is not under attachmr:nt and requested to sought a direction to the responde:nt No.2 to receive, register anr:l the sale deed &. 3 SK,J presented by the petitioner 1n respect of the subject property.

5. The learned Standing Counsel for respondent No.3 fiied counter basing on the counter would submit, that the specific land claimed by the petitioner fa,lls within the unattached portion and not covered under the attachment, the petitioner shaLl not be restrained lrom dealing with or utilizing such un-attached land. The relevant portion of the counter filed by the respondent No.3, reads as follows: "4. The averments made in para No.7 and 8 are partly matters of record and partly require clarification. The factual details regarding the land as referred in the said paragraphs are a matter of record as per PAO. However, the petitioner's assertion that the land in question is not under attachment and is freely alienable calls for clarihcation from respondent No.2. It is submitted that the total extent mentioned in the PAO is 2142 Guntas (53.55 Acres) out of which i ., -- \ 4 5K,J 54e,.573 guntas (13.66 acres) had alrr:ady been sold to various individuals prior to issuance of P,{O and was ther:efore not attached. It is to be noted thal_ or-rly the remaining 1595.427 guntas (39.8,) acres) stands attached under the PAO. If the sper:ific land claimed by the petitioner fa-lls within the ur attached portion and is not covered under the rlttachment, the petitioner shall not be restrained frore dealing with or utilizing such unattached lald".

6. In view of the above averments milde in para No.4 of the counter filed by the respondent No.,l, it is clear that the specific land claimed by the petitioner falls within the unattached portion and is not covered under ilttachment, the petitioner sha-ll not be restrained fron.r rdealing with or utilizing such unattached land. 7 In view of the above circumstances, this writ petition is disposed of by directing the respondent No.2 to receive, register and release the docume:nt pr:esented by the petitioner in respect of the subject plol admeasuring to an extent of 133 Sq.yards covered by Sy.Nc.680, situated at Datta Sai Township-3, Makthal Villaqe, Narayanpet &..k SKJ District, within four (4) weeks from the date of receipt of copy of this order. No order as to costs.

8. Miscellaneous applications, if any, pending in this Writ Petition shall also stand closed. //TRUE COPY// SD/- . JAWAHAR REDDY ISTANT REGISTRAR SECTION OFFICER Telangana at Hyderabad.

1. The Principal Secretary, Revenue Department , Se ? !h" Sub-Registrar, Mukthal lVlandal, Narayanpet Dislrict. 3. The Assistant Director, Union of lndia, Dir6ctorate of Enforcement, tariat, State of Vishakhapatnam Sub-Zonal Office, D No.39 -33-93t2, plot No.tr4tG-230, Madhavadhara Vuda Layout, Vishakhapatnam 5300'lB. 4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 5 One CC to SRI RAJAGOPALLAVAN TAY|, Advocate tOpUCl 6. One CC to Ms BOKARAO SAPNA REDDY, Advocare (OPUC) 7. Two CD Copies Hyderabad [OUT] To SA BS HIGH COURT DATE D: 2 210812025 ,r'";:.'. *ii[' /.. \- )\ ,] !\'. l tii sEP zffi D t:;p.,r' , ' -.j' ORDER WP.No.2421 of 2024 I DISPOSING OF THE W.P WITHOUT COSTS. x \ 511