High Court · 2025

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CIVIL REVI slo NPE TITTO N NO: 1790 o F 2025 Civil Revision filed under Ariicle 227 of the Constitution of lndia' aggrieved by the orders dated 20 03'2025 passed in lA No 37 ot 2025 in O S' No 43 of 2o2r onthe fire of the court of the Agent to Government Bhadradri Kothagudem' Between: :slsll|,?x:irat1,.:53lR#l?i:ii"j}Tfli1.5,,i1',4%io'il;jL,'-xii5' E'n"iiiiiir"tnagudem District ...petitioner/praintiff AND PakalaPati Siva Resident of Jan District. 3x|,i;3'$,,l"ElTlLX;'"'eTi:Sgitf,:3":'1 ffi?il:'nino'i"#'"'"' ...ResPondenUDefendant tA NOI 10F 2025 Petition under Section 151 CPC praying tha't'in the circumstances the affidavit flled in suppJ; ;; il" p"iitt'n' ir'".uigh Court mav be pl orant stav of all further ot"'""i'"n" itiii's t'ro 43 of 2021 on the file of il;;ffiL;i iothagudem pending disposal of revision Counsel for the Petitioner :Sri.RRKalYan stated in eased to Agent to Counsel for the ResPondent The Court made the following: ORDER { HON'BLE SRI JUSTICE J. SREENTVAS RAO CTYIL REVtSION PETITION No.1 790 0F 202s ORD ER: This Civil Revision petition has been hled a ggrieved by the order dated 2O.03 .2025 on the file of the Agent to Government, at Bhadradri Kothagudem (Agent to Government, for brevity) in I.A.No.37 of 2025 in O.S.No.43 of 202 1 wherein the application filed by the petitioner seeking to send the will cleed dated 19.06.1965 was dismissed. 2. This Court on 13.06.2O25 while ordering notice before admission permitted the petitioner to take out persona_l notice to respondent and to file proof of service.

3. Learned counsel for the petitioner submits that pursuant to the said order he has sent personal notice to respondent and same was returned with a postal endorsement stating that addressee left r.vithout instructions and Iiled proof of service vide U.S.R.No.60903 of 2O2S on25.06.2025. Thereafter, when matter was taken up for consideration on rr.o7.2o25, this Court ordered personai notice to learned counsel appearing for 2 JSR' J C.R.P.No 1790 OF 2025 respondent in O.S.No.43 of 2021 on the file of the Agent to Government and gralted interim stay of all further proceed.ings in O.S'No'43 of 2O2l and posted to lB'O7 '2025' The said order is extended till 07'08'2025' When this matter is taken up for consideration on 29 'O8'2O25' learned counsel for the petitioner submitted that pursualt to the order dated ||.oT.2o2S,hehassentthepersonalnoticetolearned counsel appearing for respondent in O'S'No '43 of 2O2l and has filed proof of service vide U'S'R'No'89913 of 2025 daLed

26.08.2025.Inspiteofserviceofnotice,respondenthasnot chosen to enter apPearance' This Court is not having anY option except to proceed with the matter on merits' Heard Sri R.R.Kalyan, learned counsel for the petitioner' 4 the Petitioner submits that 5. Learned counsel for O.S.No.43 of 2O2l seeking petitioner has filed suit in is owner of land in SurveY declaration that Petitioner No.1O7Ol5l2 situated at Janampeta Village of Pinapaka Maldal to arr extent of Acs' 17-20 guntas ('suit schedule property' for brevity) being succeeded the same from Alapati I j I { 3 JSR, J C.R.P No t790 OF 2025 Venkata Ratnam and recovery of possession against respondent/defendant who is none other than her son. In the said suit the petitioner has filed I.A.No.37 of 2O2S to send the will deed dated 19.06.1965 executed by the petitioner,s father namely Alla Venkata Ratnam for collection of deficit stamp duty and penalty to the District Registrar, Starnps and Registration, Khammam invoking the provisions of Section 38(2) of Indian Stamp Act read with Rule a2 e) of Telangana Agency Rules, 1924.

6. Learned counsel further submitted that though the nomenclature of the document is named as veelunama, nature of the document comes within the ambit of partition deed and unless the above said document is impounded, same cannot be marked as exhibit on beha1f of the petitioner. He further submitted that petitioner specilically pleaded in the piaint that nature of the document is partition deed but noi a will deed. Learned counsel further submitted that at the time of institution of the suit the petitioner filed a photocopy of the will deed dated 19.06.1965. The petitioner Iiled I.A.No.522 of 2024 to receive copy of the original will deed dated 19.06.1965 4 JSR, J C.R.P.No.1790 OF 2025 and mark the same as exhibit and said application was d.ismissed on 2O.O3.2O25' Aggrieved by the above said order' the petitioner approached this Court and filed C'R'P'No'1784 of 2025 and this Court disposed of the above said civil revision petition along with C.R'P'No'1836 of 2025 by way of common orderandremittedthemattertolearnedAgenttoGovernment to pass orders afresh.

7. Learned Agent to Government without appreciating the contentions raised by the petitioner and without deciding the nomenclature ald nature of the document' simply dismissed the application without assigning arry reasons much less valid reasons and the same is contrar5i to law'

8. Having considered the submissions made by learned counsel for the petitioner and aJter perusal of the material available on record, it appears that the application filed by the petitioner namely I.A.No.522 of 2024 to receive the copy of original will deed dated 19'O6'1965 and mark the sa-Ine as exhibit was dismissed on 20'03 '2025 and the said order was set aside by this Court in C R'P'No'1784 of 2025 and 5 c.R.P.N,.17eo oJ;5ig C.R.P.No.lg36 of 2025 by way of common order ald remitted the matter to learned Agent to Government to pass orders afresh. As on today, the applicatjon viz.,l.A.No.522 of 2024 filed by the petitioner is pending unless the said application is decided on merits, the petitioner is not entitled to seek to send the will deed dated 19.O6.i96S for impounding as per the provisions of Section 38(2) of Indian Stamp Act read with Rule 42 (C) ofTelangana Agency Rules, 1924.

9. It is relevant to mention that learned Agent to Government simply extracted the contentions of the respective parties and dismissed the application without assigning any reasons. Hence, the impugned order dated 2O.03.2025 passed by the learned Agent to Government is liable to be set aside. Accordingly set aside and learned Agent to Government is directed to dispose of the application namely I.A.No.37 of 2025 on merits after deciding the appiications viz., I.A.Nos.S2 1 ald 522 of 2024 and I.A.Nos.34 and 35 of 2025. i0. Accordingly, the However, the parties Civil Revision petition is disposed of. are granted liberty to agitate all the r i l I i t I I JSR, J C.R.P.No 1790 oF 2025 6 including nature of the document before learned grounds Agent to Government' No costs' Miscellaneous Petitrons' rf anY, Pending in this Civil Revision Petition shall stand closed SD/- A.PRATHIMA PUTY REGISTRAR D //TRUE COPY// S CTION OFFICER To, t. The court of the Agent to Government Bhadradri Kothagudem i. O." CC to Sri. R R Kalyan, Advocate toPUCl 3. Two CD CoPies SLz t",/ / DUP 1 j I .l HIGH COURT DATED:26tO9t2025 ORDER CRP.No.1790 ot 2025 ,,) (_) 0 x C.R,P. IS DISPOSED OF ,) /.4. g,2o ,/4.<