✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Length
1,283 words

THE NOMINEE ON BEHALF OF REGISTRAR, OF CHITS CQMMISSIONER AND INSPECTOR GENERAL (ln respect of Sri Sai Venkateshwara Chit Fund lVt Ltd.Nalg.onda (Wound up) Stamps and Registration, Muniqipgl Complex, Ramgiri, Nalgonda Diskict. 5 qRl qAIVENKATESHWARA CHtr FUNPS P\rr LTp, (Wpund Up) Egpreaen.ted bV !!, A, Venkalesham, Managing Dirbctbr, a-10.6?61S, VrenkatQshwaia Cpmplex, DVK road, Nalgon-dal ...RESPONDENTS Petitiorl under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the HighlC6urt may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Orders declaring the action of Respondent No. 1 in not hearing the Appeal filed by the Petitioner'with Filing No 3273 of 2024 filed on 06.02.2024 and not disposing the Suspension/Stay Petition fited along with the Appeal as illegal, arbitrary, unjust and violative of principles of Natural Justice and Consequenfly grant STAY of all further proceedings in arising out of award passed by the Respondent No.4 by vide R C No. 5/SSVCF/2021INLG Dated 06.12.2021 an(t ail further proceedings in E.P No. 140 oF 2023 on the file of Honourable lV Additiona! District Judge At Nalgonda I IA NO:1OF 2024 r I petition under section 151 cpc praying .that-in the circumstances stated in the affidavit filed ln supporl""t in" iJt*'l; t't..'e"H'gr' court may be pleased to STAY of award nasseo oy the Respondent No 4 by all further proceedings in vide R.C No. S/SSVcF/ztiiilNic o.ted 06t1.212021 including the proceedrngs rn E.P No. 140 oI 2023"" t# iir" "iH* bie lV Additional District Judge At Nalgonda [enOing disposal of the Writ Petition "i'i"g-J'i IAN O:2 OF 2024 '"*"?il, N.MINEE oN BEHALF oF REGI'TRAE oF cHlrs coMMlssloNER e[t]n:r:igw":,m"s1;msi"".*l5i:.y":l1nn'::t:l*Hi[l' Ramgiri Na=lgonda District' ..RESPONDENT NO.4IPETITIONEB AND 1 isi.i5'#53)S*i"ial$ill"lT["'$',{:'ffi :[[T31f, "Yl$it"illili: fitilriii.io..'H;teonoa, retano'a., - uo'l.llrrr,9nE6r2ND RESpoNDENT ? THE STATE OF TELANGANA'. - Department (R and S) SePretan bv its Principal Secretary Revenue uilding, Hyderabad ,r'#3:^r?)5'ft #',:H?"?I3["' J 4 5 EEhEFfl'JS,Eo'f-3?lSiANB THE DISTRIST RF.GISTBAR NAI-GQNDA STAMPS ANd RggiqtTAtiON' Nalgonda District SRISAIVENKATE:SHWARACHITFUNDSP,VTLT!'(WounduP) Reoresented [v Sri. A vuniii"ir'"' fvlgnaging Directbr' 4-10-62813' i;Ni:E;ffi;ij ciimpre', DVK road' Naieonda ...RESPOiJDENTS/REqPONDENTS Petition under Section 151 CPC praying thal in the cirgLlmstanQes stated ln ,nL"p;titiln'inJ Hrgtr court mav be prpased please th" "rrl-al;iiiii'i;iffi; "r to Vacale the interim or.4"" J'i" oi '04 2024' pasied in wp no 8354 of 2024' and dismiss the writ Pet[tion Counsel for the Pelitioner: SRI' T SRUJAN KUMAR REDDY Counsel for the Respondent No'1: AGP FOR REVENUE Counsel for the Respondent Nos'2&3: GP FOR STAMPS AND REGISTRATION -T Counsel for the Respondent NO.4: SRI THOOM SRINIVAS Counsel for the ResPondent No.s: -- The Court made the following: ORDER I I / i I I THE HONOURABLE SRI JUSTICE K.SARATI{ WRIT PETITION No.8354 OF 2024 ORDER: I Heard thre learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for ttre official respondents and the learned Counsel appearir-ig lor the respondent No'4'

2. The learned Counsel for the petitioner would submit that the instant writ petition is filed questioning the action of the respondent No. I in not hearing the appeal filed by the petitioners in Appeal No.3273 of 2024, which was filed on 06.02.2024 and also not disposing of the interim suspenSion/stay petitions hled by the petitioner along with the appeal.

3. The learne<l Counsel for the petitioner would lurther submit that on O3.O4.2O24 this Court passed interim stay ol all further proceedings in respect of the petitioner, 2 SK,.T arising out of Award passed by the respondent No.4 in Rc.No.S/SSVCF / 2O2t /NLG, dated 06. 12.2021 including the proceedings in E.p.No. l4O of 2023 on the file of IV-Additonal District Judge, Nalgonda till the disposal of the appeal filed by the petitioner or suspension/stay petition is disposed of by the respondent No. 1. In spite of lapse of more ttran one year, the respondent No. t has not taken up the appeal for hearing and requested to direct the respondent No. 1 to dispose of the appeal hled by the petitioner.

4. The learned Assistant Government pleader for Revenue submits that the respondeht No. 1 will take up the hearing of the appeal filed by the petitioner in due course and requested to pass appropriate orders. 5 The learned Counsel for the respondent No.4, basing on the counter filed by the respondent No.4, t- 3 SK,J would submit that, the petitioner has stated to be preferred an appeal under Section 70 of the Chit Funds Act, 1982 against the award passed by the respondent No.4, before the respondent No.1, vide File No.3273 of 2024 dated 06.O2.2024. The petitioner without allowing sufficient time: to the respondent No.1 to examine and process the same for judicious disposal, in a hurried manner, has approached this Court on Og.03.2024, just within one month i.e. 32 days of preferring the appeal with the respondent No.1, seeking relief by way of stay of the award passed by the respondent No.4.

6. The learned Counsel for the respondent No.4 would further submit that, Sri Sai Venkateswara Chit Fund Compan-v (pvt) Ltd., Nalgonda, has been wound up by the Government as required under Section 4g of the Chit Funds Act, 19g2 since the company failed to pay the chit amount due to certain prized. subscribers ald -, 4 SK,,] a,lso to the entire non-prized subscribers, to a tune of Rs.9.2 Crores and therefore the appointment of the respondent No.4 on behalf of the Registrar of Chits, is totally in accordance with law

7. The learned Counsel for the respondent No.4 would further submit that, the plea set up by the petitoner deserves to be rejected in the larger interest of 742 innocent sufferers for the last 12 years and requested to dismiss the writ petition.

8. In view of the submissions made by the both sides, this Writ Petition is disposed of directing the respondent No.1 to dispose of the appeal filed by the petitioner in Appea-l No.3273 of 2024, within three (3) months from the date of receipt of copy of this order. Further, the interim orders granted by this Court on 03.04.2024 shall continues till disposal of the said appeai. i I I I SK,J

9. Miscellaneous applications, if any, pending in this Writ Petition shall also stand closed. No order as to costs. //TRUE COPY// To, 1 THE Principal Secretary, Revenue Departm Hyderabad. SD/.AHM ED ABDULLAH KHAN A$srsirA NT REGISTRAR -j ent ( SECTION OFFICER nd S) Secretariat building, ,EE-EFi.lT#,8^"f-iTiStiANBStT#'31,i,?)5#r*li"l)-'"?'-C;3['*

3. THE DISTRICT IiEGISTRAR NALGONDA' Stamps and Registration' Nalgonda District 4 Qne CC to SRl. T SRUJAN KUMAR BEDDY AdvQoate [OPUC] 5. One CC to SRI rHooM SRINIVAS Advocate tOPUpl 6. Two CCs to GP FOR REVENUE 'High 7. Two CCs to GP for Stamps and Registrations' High Court for the State of ' Court for the State of Telangana' [our] Tblangana at Hyderabad' [uu l.l I KK9 BS Two CD Copies / I I I l- .t' / HIGH GOURT DATED:291041202:5 l@:\ 16 JUil tU5 o {) e ORDER WP.No.8354 of 2024 So.arr,rf.f) a DISPOSING THE WRIT PETITION wlrnour cosrs /d 4.h // ./)s //

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