Nandipati Yadamma v. '1 . The State of Telangana

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 an appropriate Writ, Order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the 4th respondent in not releasing the mortgage deeds / bonds of petitioner lands situated in Survey No 636 ca 2 situated in Chinnakaparthy village Chityala mandal Nalgonda District in spite of the loans obtained by the petitioners for purchasing the said lands are waived off by the 2nd respondent and as has been confirmed by the 3rd respondent, as illegal, arbitrary, unjust apart from violative of principles of natural justice, consequently direct the 4th respondent to forthwith release the mortgage deeds /bonds of the petitioners lands situated Survey No 636 e9 2 situated in Chinnakaparthy village Chityala mandal Nalgonda District by' issuing clearance letters to Registering Authorities i.e., respondent No.7 herein. IA 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 4th respondent to forthwith release the mortgage deeds/bonds of the petitioner's lands situated Survey No 636 ca 2 situated in Chinnakaparthy village Chityala mandal Nalgonda District by issuing clearance letters to Registering Authorities i.e., respondent No.7 herein, pending disposal of the above writ petition. Counsel for the Petitioner: SRI JANARDHAN GOUD SUNKARI Counsel for the Respondent No.1 : cP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 TO 4: GP FOR CO-OPERATIVE SOCIETY Counsel forthe Respondent Nos.5 TO 7: GP FOR REVENUE The Court made the following: ORDER TIIE IION'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.16420 of 2025 ORDER The Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondent No.4 in not relcasing the mortgage deeds/bonds ol' petitioner lands situated in Sy.No.636/Aal2 situated at Chinnakaparthy Village, Chityata Mandal, Nalgonda District, in spite of the loans obtained by the petitioner for purchase of thc said land were waivcd off by respondent No.2 as confirmed by respondent No.3, as illegat and arbitrary

2. It is represented by learned counsel for the petitioner 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 ll.l 1.2015. It is also further represented that this Court disposed of several writ petitions by following the said order, dated l3.l1.2015 in W.P.No.24590 of 2015 and operative poftion of the said ordet'reads as under Z TMDJ wp_7642O -2025 Yr \ "Ont can undersland tlrc conducl of thc rcspondt'nts in retoinitlg the nortgagc decds/boruls, if lhere urc subsi.sting ioans tluc by tlte petitioncrs But, once tlrc loans o.[pctitioncrs lun,'becn uait'cd b.t, lhe Stote, rrndcr lav,, lhe rcspondenls are nrsl enlillcd io rctain llrc nrclgoge dceds/bonds and such aclion t'hatet'ct bt: its laudablc objertit,e, t'iolatcs Articlc l4 ond 300-A qf th,' (-ottstitution of' India. Sincc it is tlot disputed that pctilioners arr' otttcrs of tlrc plots olLoued lo them, any restraint on pelilione^ to scll the said lands would violate Sccti'on ll qf tlu: Ti'ans.fer /'Properly Act, 1882. and the petilioners arc cntitlcd to igtnrc u _v r('straint on lheir right to alienate or cncuml;er thc lond intposed by respondenls. Thc rcspondents are also not enlillL.l lo rctain tlrc morl.qage bondshlccis cxec u ted bv pctit i o ne r.s, .: i rtce atlmit t cclly tlrc loan.s of all petitioner.s havc beat waival by tlte State. Got (nlmenl ".

3. From the above, it is clear that the said writ petition was allowed declaring that respondent No.3 therein was not entitled to withhold rnortgage deeds/bonds of petitioncrs' propcrties after the loans of pctitioners have been waived ofT by responrient No. I . The Court further directed respondent No.3 thercin t() release mo(gage deeds/bonds to thc petitioncrs by issuing clealiurce cerlificate to respondent No.5.

4. Following the said order, dated 13. I I .201 5 passed tn W.P.No.24590 of 2015 and for the reasons stated therein, this Writ -) TMD] wp 164?0 2025 Petition is also disposed of declaring that respondent No.4 is not entitted to withhold the mortgage decds/bonds of the petitioner's propefty after the loans ol the pctitioner were waived by respondent No.2. The respondents No.3 & 4 are directed to forthwith release the mortgage cleeds/bonds ol the petitioner by issuing clearance certificate to respondent No.7. There shall be no order as to costs.

5. Miscellaneous applications, il- any, pending in this writ petition, shall stand closed //TRUE COPY// To

1. The Principal Secretary, Department of Social 2. The Vice Chairman and Managing Director' st Hvderabad, State of Telangana SD H.S.GOWRI SHANKAR SISTANT REGISTRAR SECTION OFFICER U re, Secretariat, ate Scheduled Caste Finance J 4 E Corporation Ltd HYderabad. il;'ci;iil;, oiitri"i5".ri." Co-op Development Societv Limited' Nalqonda, Nalgonda District. it JEi""ijiir""oirector, The District Scheduled caste Service cooperative Societv Ltd.. Nalqonda, Nalgonda District. The T;hsildar, Chityala Mandal, Nalgonda District' The District Registrar, Nalgonda District- ii;;5u; Rai;i,riil,iint S"ub Rlsistrar, (rhe rahsildar) chitva Nalsonda District 6 7 8. o; c'c to sRl JANARDHAN GOUD SUNKARI, Advocate [oPUC] 9. i;; cc.io cpFon soClAL wELFARE, Hish court for the state of 1 0. +;;'ic;i;ti 'rcjn-coo'p-enArlvE soclErY, High court for the state of 11.i;;'ic; t;bp'r-on REVENUE, High court for the state of relangana' at Telanqana, at HYderabad [OUT] Telanqana, at HYderabad. [OUTI Hvderabad. [OUT]

12.Two CD CoPies PSK TKS o- HIGH COURT DATED:2310612025 I ! ORDER WP.No.16420 of 2025 -(-lii I 'rF SI,1 ( / c) ,J 2fl tue znzs r:\" F,1 icHi, t . -<a=.-_=--- DISPOSING OF THE WRIT PETITION WITHOUT COSTS ${