The High Court · 2025

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 especially one in the nature of Writ of Mandamus a) declaring that the action of the 3rd Respondent in not accepting for registration of the land to an extent of Ac.2.00 gts., in Sy.No.272l ee of Velmakanne Village, Gattuppal Mandal, Nalgonda district, in pursuance of release of the documents from the 1st Respondent society as illegal and arbitrary, violating Article 14 of Constitution of lndia b) further declare that the 3rd Respondent shall forthwith accept for registration of the property in respect of land to an extent of Ac.2.00 gts., in Sy_No.272l ee of Velmakanne Village, Gattuppal fVlandal, Nalgonda District. |.A.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 Respondents to forthwith permit the Petitioner for alienation of the property to an extent of Ac.2.00 gts., in Sy.No.272l ee of Velmakanne Village, Gattuppal [\ilandal Nalgonda district, pending disposal of the writ petition. Counsel for the Petitioner : SRI SRINIVASA RAO MADIRAJU Counsel for the Respondent Nos.1 & 2 : SRI T.V.RAMESH Counsel for the Respondent No.3 : G.P FOR REVENUE Counsel for the Respondent No.4 : G.P FOR SOCIAL WELFARE The Court made the following ORDER 7 N8K) w.P.No.17420oJ 2025 THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.1742O OF 2o2s ORDER 1 . This Writ Petition is fiied seeking to issue Writ of Mandamus declaring the action of respondent No.3 in not registering the document produced by the petitioner in respect of land to an extent of Ac.2.00 guntas, situated in Sy.No.274/ee of Velmakanne Village, Gattuppal Mandal, Nalgonda District, as illegal and arbitrary.

2. Heard learned counsel for the petitioner as well as the learned Government Pleader for Revenue representing respondent No.3.

3. Learned counsel for the petitioner would submit that the petitioner is in absolute possession of the land to arr extent of Ac.2.OO guntas, situated in Sy.No.274 lee of Velmakanne Village, Gattuppal Mandal and inspite of obtaining clearance certificate from the District Collector & Chairman, SC Service Cooperative Development Society Limited, Nalgonda vide Proc.No.C 1228 /LPS 12023, dated 12.06.2023 to release the Mortgage Deed of the petitioner and upon getting approval from the Tahsildar and Joint Sub-Registrar, Ghattuppal Mandil, uide u 2 NBK,I W P No.17420ol2025 registered document No.310 of 2024 dated 15.07.2024, the respondent No.3 failed to register the document produced by the petitioner.

4. Per contra, learned Government Pleader for Revenue, on written instructions, would submit that the petitioner, without presenting the document and without obtaining clearance certilicate from the Scheduled Caste Finance Corporation, has approached the Tahsildar for registration of document. If the petitioner obtains clearance Certificate from the said Corporation, the registering authority would have received the same if the same is in accordance with law.

5. After hearing the rival contentions made by both parties and upon perusing the material available on record, this Court is of the considered view that the petitioner has not purchased the property from the then Government of Andhra Pradesh in Velmakanne Village, Old Munugodu Revenue Mandal, Nalgonda District and the sarne was handed over to the petitioner by obtaining loans from the respondent No.2. After completion of the loans, the 2"d respondent is requested to release the document. The same was rejected by the authorities concerned. The petitioner filed W.P.No.5218 of 2023 before this Court declaring the action of the respondents in not releasing the 3 N8K) w.P-No-17420 oJ 2025 mortgage deed belonging to her and this Court disposed of the said Writ Petition on O2.O3.2O23 directing the respondents therein to release the mortgage deed in favour of the petitioner and to issue clearance certificate to the Sub-Regisrar, Nalgonda, Naigonda District. In compliance of the said order, the respondent authorities have registered and released the document of the petitioner vide Registered document No.310 of 2024, dated 15.07.2024. Now the petitioner intends to seII the property to third party and the respondent No.3 is not receiving the document of the petitloner on the ground that the petitioner has not produced No Objection Certilicate (NOC) from the Scheduled Caste Finance Corporation which action of respondent No.3 is illegal and arbitrary as there is no need to obtain NOC from Scheduled Caste Finance Corporation inspite of registration of the said document by the respondent authorities.

6. In view of the aforesaid discussion, this Writ Petition is disposed of directing the respondent No.3 to receive, register and release the document of the petitioner without insisting NOC from Scheduled Caste Finance Corporation, subject to the petitioner complying with the provisions of The Registration Act, 1908 as well as the Indian Stamp Act, 1899, within a period of f I NBK,J w.P-No 17420o12025 four (4) weeks from the date of submission of the document by the petitioner. It is open to the Registering Authority to refuse the document presented before it, if there is any other objection, by duly assigning the reasons in support of such decision and communicate the same to the petitioner. There shall be no order as to costs.

7. Pending miscellaneous dpplications, if any, shal1 stand closed. . /ffRuE COPY// SD/-A. PRATHIMA DEPUTY REGISTRAR r-r^> s "n"a' bitt'i"t l'":",? I:tf"l,lliru sebi5ru oFFlcER ', Thc vice Chairman and Managing Director' State Scheduled Caste Finance red c a ste s e rvi ce co o p e ra t i v e ;' g8itP ;ilatt*;ilsi*+llffitq'f ff}i':r}:;i't#,iHBl#ff ilil"''"' c r';., CC's to G P FOR SOCIAL WELFARE' High Court for the State of "' i"tinq"n, at Hyderabad' 6. Two Ct's to G P FC , B'"18 ?l : s 9 Tl HXfl:t,S?,[g,,S,r', b. on" CC to SRI T V' 9. Two CD CoPies VENUE, High Court for the State of Telangana at Ad vo cate to P u c] Hvderabad. ! \ SA GJP $ q 18 ru8 206 sP4i(:HEc / HIGH COURT DATED:0510812025 -:a' ,.: : , I '+ * ORDER WP.No.1742O ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. f>;1.a'i8 ei/ 6*t, ftg\r