1. Battula Shiv Prasad v. 1. The Vice Chairman and Managing Director
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Petition under Article 226 of lhe 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 especially -one in the nature of writ of Mandamus to declare the inaction of the third respondent in not releasing the mortgage deeds / bonds of petitioners lands situated in the sy.No. 241512 to an extent of Ac. 0.3960 gts and in sy.No. 241511 lo an extent of 0.3960 gts, at Gubba Village, Echoda Mandal, Adilabad District inspite of the loans obtained by the petitioners for purchasing the said land is waived off by the first respondent, as has been confirmed by the third respondent, as illegal, arbitrary. unjust apart from violative of principles of natural justice, and #nsequenlly direct the third t\ respondent to forthwith release the mortgage deed /bond of the petitioners land situated in sy.No. 241512 lo an extent of Ac. 0.3960 gts and in sy.No. 241511 lo an extent of 0.3960 gts, at Gubba Village, Echoda Mandal, Adilabad District by issuing clearance letters to Registering Authorities i.e., respondent No.5 herein. lA NO: 1 OF 2025 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 direct the third respondent to forthwith release the mortgage deed /bond of the petitioners land situated in sy. No. 241512 lo an extent of Ac. 0.3960 gts and in Sy.No. 2415/1 to an extent of 0.3960 gts, at Gubba Village, Echoda ltilandal, Adilabad District by issuing clearance letters to Registering Authorities i.e., respondent No.5 herein, pending disposal of the writ petition' Counsel for the Petitioners: SRI SOMA RAVI KIRAN REDDY Counsel forthe Respondent Nos.1 and 3: GP FOR COOPERATION Counsel forthe Respondent Nos.2,4 and 5: GP FOR REVENUE The Court made the following: ORDER $ \ THE HON'BLE SMT. JUSTICE T. MADHAVT DEVI WRIT PETITION No.10059 of 2025 ORDER The Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondent No.3 in releasing the mortgage deeds/bonds of petitioners' lands situated in Sy.No.24l5 12 to an extent of Ac.0-3960 guntas and in Sy.No.24l5/l to an extent of Ac.0-3960 guntas situated at Gubba Village, Echoda Mandal, Adilabad District, in spite of the loans obtained by the petitioners for purchase of the said lands were waived off by respondent No.1 as confirmed by respondent No.3, as illegal and arbitrary.
2. It is represented by learned counsel lor the petitioners as well as learned counsel for respondents that the issue involved in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.24590 of 2015, dated 13.11.2015. It is also further represented that this Court disposed of several writ petitions by following the said order, dated 13.11.2015 in W.P.No.24590 of 2015 and operative portion of the said order reads as under: =--\l TMDJ \ wp_10059 2025 2 "One can understand the conduct of the respondents in retaining the mortgoge deeds/bonds, if there are subsisting loans due by the petilioners. Bul, once the loans ofpetitioners have been waived by the Stale, under law, the respondenrs are not entitletl lo retoitz lhe mortgoge deeds/bonds and such action whatever be its laudable objective, violates Article ll and 300_A o/ the Constitution oJ India. Since it is not disputed that petitioners are owners oif the plots allotted to them, dny restrainl on petilioners ro sell thc said lands would violate Section I I of the Transfer of property Acr, 1882, and the pelitioners are enlitled lo ignore any restroint on their right to alienate or encumber the land imposed by respondenrs. The respondenrs are arso nor enritred to retain the mortgage bonds/deeds executed by petitioners, since admittctly the loans of all petitioners have been waived by the Stote Government ".
3. From the above, it is clear that the said writ petition was allowed declaring that respondent No.3 therein was not entitled to withhold mortgage deeds/bonds of petitioners, properties after the loans of petitioners have been waived off by respondent No. l. The Court further directed respondent No.3 therein to release mortgage deeds,/bonds to the petitioners by issuing clearance certificate to respondent No.5. O. ,, Following the W.PI.1o.24590 of 2015 said order, dated 13.11.2015 passed in and for the reasons stated therein, this Writ I ------------ \ To, TMD] wp_10059_2025 3 Petition is also disposed of declaring that respondent No'3 is not entitled to withhold rhe mortgage deeds/bonds of the petitioners' properties after the loans of the petitioners were waived by respondent No. I . The respondent Nos.2 to 4 are directed to forthwith release the mortgage deeds/bonds of the petitioners by issuing clearance certificate to respondent No'5-The Sub-Registrar, Adilabad, Adilabad District. There shall be no order as to costs'
5. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. /TTRUE COPY/' SD/- T.JAYASREE eCuw RectsrRaR D SECTI OFF ICER ; e*?l*.{si'trt*B:-lf*ffiff'",.:fi * jJ- ; ; +#;"b;d+?yEt ror Revenue' High court ror the state or relansana' at Hvderabad[OUT] 5. Trfuo CD CoPies TJ BSR $,n- HIGH COURT DATED:0710412025 ORDER WP.No.10059 of 2025 i ) t IHE S 14 10 iljl 2U5 ? * TCH o ! o- * DISPOSING OF THE WRIT PETITION WITHOUT COSTS (*- 2v v) 6 t