High Court · 2025

Judgment

5. The State Scheduled Caste Finance Corporation Ltd., Nalgonda District, Rep. by its Manager. The Chief Executive Officer, District Scheduled Caste Service Cooperative Society Ltd., Yadadri Bhongir District. District Scheduled Caste Service Cooperative Society Ltd., Nalgonda, Rep. by its Executive Director, Nalgonda District. The Sub Registrar, Yadagirigutta, Yadadri Bhongir District. The District Registiar, Yadadri Bhongir, Yadadri Bhongir District. ...RESPONDENTS

Petition under Article 226 oI the 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 declaring that a) to declare the inaction of the third respondent in not releasing the mortgage deed / bond of petitioner land situated in the Survey No.353/RU and 354/RU situated in Veeravalli village of Bhongir mandal, Yadadri Bhongir District inspite of the loans obtained by the petitioner for purchasing the said lands are 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. b) to consequently direct the third respondent to forthwith release the mortgage deed /bond of the petitioner land situated in Survey No'353/RU and 354/RU situated in Veeravalli village of Bhongir mandal, Yadadri Bhongir District by issuing clearance letters to Registering Authorities i.e., .e,spondent No.4 herein. a) and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the oircumstances stated in the affidavit filed in support of the petition, the High Cou( miry be pleased to direct the respondents to forthwith release the mortgage bond / deed to the petitioner by issuing clearance letter i.e., clearance of the loan and irterest under the debt waiver scheme, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SRINIVASA RAO MADIRAJIJ Cgunsel for the Respondent Nos.1 and 2: GP FOR COOPEIIATION Counsel for the Respondent No.3: SRI P.Y. RAMESH, SC Counsel for the Respondent Nos.4 and 5: GP FOR REVENLTE The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVT WRIT PETITION No.12016 of 2025 ORDER: The Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondent No.3 in not releasing the mortgage deed/bond of petitioner's land situated in Sy.Nos.353/RU and 354/RU situated at Veeravalli Village, Bhongir Mandal, Yadadri Bhongir District, in spite of the loans obtained by the i petitioner lor purchase of the said lands were waived off by respondent No.l as confirmed by rcspondent 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: I I 2 TMD] wp_12016-2025 "()nL t'rut ttnderstand the conduct of the re,spondet s in retaining thc ntorrguge deeds/bonds, if there are subsisting ltans dua by the pelilt(ttttr.t But. onca the loans ofpetitioners have l,ten waived by lh. .Stttte ttndt'r luv', tha re.spondents are not entitl(d to retain the ntortglt.qe iectls/bonds and such actiotl whatever I,e, it.t laudable objectit,e. violatt'.; Arlicle ll and 300-A ol the (,onsritution o.f lntlfu Sincc it i.\ not disputed thot petitioners arc o\)ners o.f the plots ttlloltcd to them, ony reslraint on petitioners tt sell the said lunds toul,l t iolate Section t I o.[ the Tran.sfer of property Act, 1862. ,tnd tht, petilioners are enlilled to ignore an.v restrainl on the tt trgltt /o ulienat( or encumber thc lan,l impo.sed bl, re.\l)ontlctlt\ 'l lu re.spontlents ure alSo nol cntille.l to rcloin thc Dtotlgt|lc hortLls.tleed.s trecutetl by, pctilioncrs, sin,:e a(lnilfedl.r. tlte lo,tns ol all patitioners hat,e been waived ')v thc Stuf(. (jorcrrrtnt'ttl'.

3. Iirorn the above, it is clear that the said \vr.it petition was allowed dcclrrrirrs. that respondent No.3 therein was not entitled to withhold rnortgagc dceds/bonds of petitioners, proprfties after the loans o1- pctitioners have been waived off by responrlent No.l. .l.he Court furthel dilected respondent No.3 therein to rerl:ase moftgage deeds/bonds to thc petitioners by issuing clearance certificate to respondent No.5. Follorving the said order, dated lj.1l .20t5 passed in P.No.24-590 of 2015 and for the reasons stated therein, this Writ 4 t ; I l TMDJ wp_12016_2025 3 Petition is also disposed of declaring that respondent No.3 is not entitled to withhold the mortgage deeds,/bonds of the petitioner's propefties after the loans of the petitioner were waived by respondent No. t. The respondents No.2 & 3 are directed to forthwith release the mortgage deeds/bonds of the petitioner by issuing clearance certificate to respondent No.4-The Sub-Registrar, Yadagirigutta, Yadadri Bhongir District. There shall be no order as to costs.

5. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/. V.HARI PRASAD PUTY REGISTRAR ECTION OFFICER To, TJ

1. The Manager, The State Scheduled Caste Finance Corporation Ltd., Naloonda District. Ltd., Nalgonda, Nalgonda District. Society Ltd., Yadadri Bhongir District. Z. fnJCfrief Executive Officer, District Scheduled Caste Service Cooperative g. ifre Eiecutive Director, Dis-trict Scheduled Caste Service Cooperative Society 4. The' Sub"Regisirar, Yadagirigutta, Yadad ri Bhong-ir District' 5. The District h.egistiar, Ya-dadri Bhongir, Yadadri Bhongir qiskict. 6. One CC to Sri Srinivasa Rao Madiraju, Advocate [OPUC] - 7. iil CCs to GP for Cooperation, High Court for the State of Telangana, at 8. Tivo CC to tne GP for Revenue, High Court for the State of Telangana, at g. dne CC toSri P.Y. Ramesh, SC [OPUOC] 10.Two CD Copies Hyderabad [OUTI HvderabadlOUTl HIGH COURT CC TODAY DATED:2210412025 ORDER WP.No.12016 ot 2025 ll+ tt urq Ztfr ) DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ il3 a\