CH. VENTATESHAM v. 1. The State of Telangana
Case Details
3. IM/s Shriram Chits Pvt Ltd, rep by its Branch Manager, Ameerpet Branch Ameerpet, Hyderabad.
4. The Deputy Registrar, Registrar of Chits Arbitrator, Hyderabad ( South ) Yerragadda-
5. Ch. Kishore Kumar, S/o Ch. Venketeshvam, Aged about 40 years, Occ; Business, R/o 3-3-83, Patelpura, Siddipeta Town and District.
6. Y. Hanumanthu, s/o Y. Nagabhushanam Aged about 68 years, Occ ; Business, Ri/o H.No. 6-1-4711, Malakondaiah Road Sircilla Town and District.
7. P. Narsing Rao, S/o P. Dharma Rao, Aged about 65 years, Occ; Retd Teacher, No 19-6211 , Prashant Nagar, Siddipet Town and District.
8. N. Mahipal, S/o Pentaiah, aged about 50 years, Occ. Govt Employee, r/o 1-1- 8/95, Sivapuri Colony, Sadasivapet Village and Mandal Sanga Reddy District 9. Y Naresh, s/o y Hanumanthu aged about 45 years, Occ. Business, r/o Banda lingampally, Yeilareddy Sircilla Diskict.
10.The District Panchayat Officer, District Panchayat Office, Collectorate Complex, Duddeda Village, Kondapaka Mandal Siddipet District. ....,RESPONDENTS Petition Under Article 226 of 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 more particu{a-ly in the Nature of MANDAMUS Declaring impugned order passed by the 2n,1 .€ spondent viz lrrlemo No 29768/Regn.11l2O25-1 dated 03-04-2025 rejecting thr: Appeat fited Under Section 70 of Chit Fund Act as being lllegal, Arbitrary, Capricious, Malafide, contrary to Section 70 of chit Fund Act and Rule 59 of chit Fund Rules, Violative of Principles of Natural Justice, consequently direct the 2nd rr-spondent to rehear the Appeal by setting aside the impugned order dated 03-04.2025. I.A.NO:1 OF 2025 Petition Under Section 15't CPC praying that in the circlrmstances stated in the affidavit filed in support of the petition, the High Courl rnay be pleased to grant lntenm stay of attachment order passed by the Vl Ju nior Civil Judge City Civil Court Hyderabad in E.P. No 1067 of 2024 dated 15-1t.t-2024 attaching the salary of 8th respondent herein / JDR No 5 in E.P. in the inte -est of Justice. I.A.NO:2 OF 2025 Petition Under Section 151 CPC praying that in the cirr;umstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to extend the time granted for a further period of Four ( 4 ) wee ks for compliance of the order passed by this Honourable Court daled 23-6-2025 in _A No 1 of 2025 in W.P. No 16263 of 2025. !.A.NO:3 OF 2025 Between: M/s Shriram Chits Pvt Ltd, rep by its Branch Manager, Ameerpet Branch Ameerpet, Hyderabad. ....PETITIONERYRESPONDENT No.3 AND 1 CH VENTATESHAM, S/o Late Laxmi Narsaiah, Aged about 70 years, Occ ; Business, Rl/o 3-3-83, Patelpura, Siddipeta Town and Dis,rir:t. .....WRIT PETITIONER/RESpONDENT No.1
2. The State of Telangana, rep by its principal Secretary to Government ( Stamps and Registration Dep[) Secretaiiat, Hyderabbd.
3. The.Secretary_to Government, Stamps and Regiskation Revenue ( Regiskation -ll Department ( Appeilaie Authoriiy chit Fund Act lslcretariat Hyderabad. 4 The Deputy Registrar, Registrar of Chits Arbitrator, Hyderabad ( South ) Yerragadda.
5. th. Kishore Kumar, S/o Ch.. Venketeshvam, Aged about 40 years, Occ; Business, Ri/o 3-3-83, Patelpura, Siddipeta iofiin and District. 6. Y. Hanumanthu, s/o Y. Nagabhushanam Aged about 68 years, Occ ; Business, Rl/o H.No. 6-1-4711 , Marakondaiai Road sirciila io*n ind oi.trict.
7. P. Narsing_ Rao, S/o P Dharma Rao, Aged about 65 years, Occ; Retd Teacher, Wo 19-6211, Prashant Nagar,-siddipet Town and.District. B. N-^Mahipal, S/o Pentaiah, aged about 50 years, Occ. Govt Employee, r/o.1_1_ 8/95, Sivapuri Colony, Sadasivapet Villag6 and t\rlanOrt Singr"Rl'dd-y DLtri.t 9. Y Naresh., s/o_y Hanumanthg aged about 45 years, Occ. Business, r/o Banda lingampally, Yeilareddy Sircilla District.
10. The District Panchayat officer, District panchayat office, collectorate Complex, Duddeda Village, Kondapaka lvlandal Siddipet District. .....RESPONDENTS Petition Under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the stay granted on 23.06.202s in wp. '16263 of 202s and dismiss the above writ petition. Counsel for the Petitioner : SRI M.MEHDI HUSSAIN Counsel for the Respondent Nos.1 & 2 : AGp FOR REVENUE Counsel for the Respondent No.3 : SRI K.S.SAI PAVAN Counsel for the Respondent Nos.4 to g : - Counsel for the Respondent No.1O : G.p FOR PANCHAYAT RAJ The Court at the stage of admission made the foilowing ORDER THE HONOURABLE SRI JUSTICE I{..SARATH WRIT PETITION No.16263 of i!.O25, ORDER: Heard Sri M. Mehdi Hussain, learn,:r1 counsel for the petitioner; learned Assistant Goverrunent Pleader for Stamps and Registration appearing for respondent Nos.1 and 2 and Sri K. Sai Pavan. leil-ned counsel appcaring for respondent No.3. With their r:onsent, this Writ petition is [aken up for disposal at the admission stage itself.
2. Learned counsel for the petitioner submits that the pe Litior-re r IS questioning the imltrlgned order passed by respondent No.2 uide Memo No. 29768 / Regn.Il / 2025- 1, dated 03.O4.t2O25 whereby rejecting the appeal filed by the petitioner under Section 70 of the Chit Fund Act and Rule 59 of Chit Fund Ruies without giving opportunity 1.o hear before disposing the same. Admittedly, resltondent No.2 without issuing notice to the petitioner or his Counsel (l \ 2 s1(../ W.P. No.16263 of 2025 for disposing the same in spite of the petitioner raised the ground in his appeal that after receiving the summons from the learned VI Junior Civil Judge, City Civil Court, Hyderabad in E.P.No.l067 of 2024 for attachment of salary of the respondent No.6 and mentioned that the petitioner came to know about the orders dated 02.11.2024 and filed appeal within the limitation as prescribed under thc Act from the date of knowledge of the impugned order in the appeal.
3. The Respondent No.2 in the impugncd order stating that the appeal hled is barrcd by limitation as the orders were passed on 19.09.2023, the petitioner filed an appeal on 02.12.2024. But, there is no mention with regard to the grounds raised by the petitioner with regard to communication of orders to the petitioner. In view of the sarne, respondent No.2 before passing the impugned order, he has to give al opportunity to the petitioner or to the counsel for the petitioner and also the opportunity to the respondents w ,/, \ 3 SK, J tV.P. No.16263 of 2025 in the appeal, without doing the same, 1he respondent No.2 passed the impugned memo. In th_^ instant case, no noticc \\.as served to the both parties ltr:fore disposa_l of appeal and rvithout any hearing, dismissed appeal and issuecl impugned memo.
4. In view of the above finding, impugned order respondent No.2 uide Memo passed by No.29768l Regn.It / 2025- 1, dated 03.o4.,.21-)25 is liable to be set-aside and it has to be remernded back to respondenr No.2 lor hearing of both the contesting parties. 1'he Respondent No.2 is direct:,j to give an opportunitl. to the petitioner as well as th,: respondents and pass appropriate orders within a 1tt_-riod of three (03) months from the date of receipt of a copy of this order. Tili the disposal of the appeal, interim order granted by this Court on 23.06.2025 i:r I.A.No.1 of 2025 in W.P.No. 16263 of 2025 shall stand <:ontinued. 5. With the above direction, this writ petition is disposed of. There shall be no order as to j()sts. 4 lf-ds lv.P. ^'o.16263 S,r<..,7 of 202 5 Miscellaneous petitions pending, if any, shall also stand closed. //TRUE COPY// SO/. P. PONNA KRISHNA ASSISTANT REGISTRAR -@ SECTION OFFICER To
1. The Principal Secretary to Government, (Stamps and Registration Dept) Secretariat, State of Telangana at Hyderabad
2. The Secretary to Government, Stamps and Registration Revenue- ( Registration -il Department ( Appellate Authority Chit Fund Act )Secretariat Hyderabad.
3. The Branch Manager, M/s Shriram Chits Pvt Ltd, Ameerpet Branch Ameerpet' Hyderabad. Yerragadda.
4. The Deputy Registrar, Registrar of Chits Arbitrator' Hyderabad ( South )
5. The District Panchayat Officer, District Panchayat Office, Collectorate Complex, Duddeda Village, Kondapaka Mandal Siddipet District.
6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] -GP
7. Two CCs to FOR PANCHAYAT RAJ, High Court for the State of Tela One nqana at Hyderabad. [OUT] ic to-sg ta.urnorgusSAlN, Advocate toPucl fC to SRI K S.SAI PAVAN, Advocate (OPUC) Two CD Copies o SA PVL W I 4 HIGH COURT DATED:2810812025 ORDER WP.No.16263 of 2025 I .,( i \1 "s' & \ ,,'.,...,i DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 q 1t