High Court · 2025
Case Details
Acts & Sections
1. The State of Telangana, Rep by its principal Secretary, Revenue ^ (Registration-ll) Departhent, Secretari6t at Hyderabbd. --- vrgr.,' 2. Registrar of Chits, Government of Telangana. Office at Commissioner and ^ lnspectoj General, R_egistration and Stamps MJ. IVarket, Hyderabad. 9 Pqpt'lty Registrar of CliiUArbitrary, Office dt Nalgonda Di'strict. 4. M/s Kapil chits (Telangana) Pvt. Ltd., Bhong-ir Branch, Rep. by its Legal Officer M. Narashima Raju S/o pichaiah ngedSS years,'Rl/o'Naljonda toiln and District. 5. Gaddam Defp.ak Aland,. S/o Earnest Renold, Age about 37 years, Occ. lgriculture Officer, R/o H.No. 3-2-30, Vidya Nagar Colony, Ctiunchlpally, Kothagudem, Bhadradri Kothaqudem (D) Baswa Raj, Aged about 50 years Occ. Artisan, Gr-1 , Rl/o H.No. 3-2-30, Vidya Nagar'Col5ny, Near Anianevaswimv Statue, .Chuncupally, Rena Function - Hall, K-othagudeni, ghaOraOfi Kothagudem (D)-5071 01 . 7. Penugonda_Swarnalatha, D/o John Sunder Rao, Aged about 56 years, Occ. Public Health Nurse, Plot No. 102, Block No. A-3, Raleev Swagurrvha, ^ Diamond Towers, Nagole, Hayathnagar, RR Dist. Hyderabail-500068.- 8. Parvataneni Nirupama, D/o G'angadhara Tilak, Aqed about 56 years Occ. AR Programmer, (lT Wing), Plot No. 302, plot Nb.24, Sree Nivasam, Near ^ SqValryiplaza, Shivaji Nagar, Ivlanikonda Puppataguda, Hyderabad-500089 -Occ. pvt Employee, 9. Talari. Prakas!,^ S^/9 Tfryagg Raju, Aged abrldt 42-years, 99. U.ttlo. 10-01-117, Power House Basthi,- Kothagudem, Bh'adiaOri Kothagudem (D)-5071 01 . 10.Yose:.Shyam Kumar, S/o Fedrick, Aged About 39 years, Occ. pvt Employee, Rl/o,. Plot No. 5, Plot No. 67, Surya Enclave, Malani Co-Opertive fioulingj Society, Thirumalagiri, Secunderabid-50OOi 5 'l l.Thomas- Soumya, D/o Thomas, Aged about 35 years, Occ. Asst, Lecturer, Rlo, 8-223,03rd Floor, Road No. 11, Green Park Colony, Saioomagar, Hyderabad-500035 '12. B.h.ongiri-Rani, Wo Srinivas, Aged about 37 years, Occ, Agent in K.C.F, R/o, -Bhongiri towrr; VaO'aOiribhoigiri. Dist-5081 16 ' H.No. 1 -3-44'1l3, Banjara Hills, ...RESPONDENTS ...., Petition und:r Article 226 of the Constitution of lndia praying that in the circumstances starre rrJ in the affidavit filed therewith, tie tligh Court may be pleased to issue irn appropriate writ, order or direction more pa licularly one in the nature of rnzrrrdamus declaring the inaction of Res ponrlent No. 1 in entertaining appr:a,l and stay petition filed by petitioner on 07.03-1,:025, aggrieved by the order par;sr:1 by Respondent No.3 vide A.A/C.f7NC /lVl.lL/NLG/ 254 of 2024 in favour of FLr>spondent No. 4 herein without servinr; anv notice to the Petitioner 25 ills,3rrl irrbitrary and consequently direct the rr:spcndent No. 1 to entertain petit one' appeal and stay petition dt. 07-03- 202{, filed against impugned opfl6r p; r; ;r:d by Respondent No. 3 in favour of Res pon(jent No. 4 lA NO: 1 OF 202!1 Petition trde:r Section 151 CPC praying that in the ci -cun stances stated in the affidavit riloc i r support of the writ petition, the High court rray be pleased to stay of all furthe'p,oceedings in pursuance to arbitratic,n award dt. O4-11-2024 passed by Fleslrcr dent No. 3 in favour of Responde rt No.4 vide A.A/C. F/NO./fVl!L /l\ t.(i/254 o't 2024 pending disposal of nrain writ :etition Counsel for the Fretit:ioner: SRI L. HARISH Counsel for the FIler;lrondents No.1to3 : AGP FOR STAMpS ®iISTRATION Counsel for the Fler; l)ondents No.4to12 : The Court madr: lhe, following: ORDER THE HON'BLE SRI (I(ISTICE K.SARATH WRIT PETITION No.l1782 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration for the official respondents. With their consent, this Writ Petition is disposed of at the stage of admission itself.
2. The grievance of the petitioner in this writ petition is that in spite of {iling an appeal under Section 70 of the Chit Funds Act, l9B2 (for short, the Act,1982'), against passed 1n A.A/C.F/NO./MNL/NLG 1254 of 2024, dated 04.71.2024 by the respondent No.3 before the respondent No.1 and the same was acknowledged by respondent No. 1 along with an application for grant of stay, the respondent No. t has not initiated any action for consideration of the said statutory appeal. On the other hand, respondent No.4 herein is proceeding with execution of the award, dated 04.LL.2024, whereby rendering the appeal fiied by \ \ SI! J W. ?.Na.117A2 of 2025 thc rr'titi,rr-rer as infructuous. Hence, the llcdr-ioner seeks indrLllyrrce of this Court to direct rr:spondrnt No.1 to disposr: :f the said appeal within a tirne iratne ar-rd also to pass z ppropriate orders on the stal' apltlication hled along lvilh the said appeal
3. On the other hand, learneci Assistant Gor,:rr.rrent Pleader for Stamps an,1 Registration sub.rittr:,1 that if the appeal filed by -'her petitioner is in ordr'r 1.1-Lr: same would be considered by the' 'espondents in a :r c r',i ance with law.
4. Taking into consideration the sr,rbmissions mac.e o r cither side and having taken trote of the obli{e.tLcrr on the part of respondent No.1 to consider the s:tLtr-Ltory appeal filed by the petitior-rer the Writ Peti:iorr is disposed of directing respottdert No.1 to conr;i,1 :r the statutory appeal filed try r.h,r petitioner under'!l:ction 70 of the Act, 1982 againsl tirr: ar,vard in Cas: ltrc,.A.A/C.F/NO./MNL/NLG/2521 ol 2Ct24, dated
04. 1 tl () 24 and dispose of the same i:r accordance witt a.r' ',r.ithin a period of three (3) lonthr; from the oW .,t l. I I I l : l l 3 srr, J W.P.No.11782 oJ 2O25 date of receipt of a copy of this order by duly putting all the parties concerned on notice and affording an opportunity of personal hearing to them. pending disposa-l of the said appeal, there shall be stay of operation of the orders passed by the respondent No.3 in Case No. A.A/C.F/NO./MNLINL}/254 of 2024, dated O4.11.2024. There shall be no order as to costs.
5. Misceilaneous petitions, pending, if any, in this writ petition shall stand closed. To, //TRUE COPY// SD/.L.VIJAYA LAKSHMI TANT REGISTRAR SECTION OFFICER T.S., Hyderabad.
1. The Principal Secretary, Revenue (Registration-ll) Department, Secretariat , 2. The Registrar of Chits, Government of Telangana. Office at Commissioner and lnspector General, Registration and Stamps MJ. Market, Hyderabad. 3. The Deputy Registrar of ChiVArbitrary, Office at Nalgonda District. 4. One CC to SRl. L. HARISH, Advocate [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION,High Court for the 6. Two CD Copies State of Telangana at Hyderabad [OU! BIVI/BSK ,, ry/ I --a l HE SI4 I.s 1 t. /a ,'t <- ', HIGH COIJRI' DATED:221A,4.12025 I i I I I ORDER WP.No.11782'. ol2025 DISPOSING OF THE WRIT PETITION WITHOUI-COSTS 1 \) b 9,\