High Court · 2025

Judgment

5. The Vice Chairman and Managing Director, Telangana State,Schedule Caste, Finance Corporation Ltd, Hyderabad. The District Collector, Adilabad, Adilabad District. The Executive Director, The Dlstrict Scheduled Caste Service, Cooperative Society Ltd, Adilabad, Adilabad District. The Tahsildar, Talamadugu Mandal. Adilabad District. The Sub-Registrar, Adilabad, Adilabad 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 especially one in the nature of Writ of Mandamus to declare the inaction of the third respondent in not releasing the mortgage deeds / bonds of petitioners lands situated in the Sy.No. 25214 to an extent of Ac. 1.3300 gts and in Sy.No. 24313 to an extent of Ac. 1.3000 gts and in Sy.No. 22913 lo an extent of Ac.2.0100 gts situated at Kajjarla Village, Talamadugu Mandal, Adilabad District, inspite of the loans obtained by the petitioners for purchasing the said land is 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, and consequently direct the third respondent to forthwith release the mortgage deed/bond of the petitioners land situated in Sy.No. 25214 to an extent of Ac. 1.3300 gts and in Sy.No. 24313 to an extent of Ac. 1.3000 gts and in Sy.No. 22913 lo an extent of Ac.2.0100 gts situated at Kajiarla Village, Talamadugu V Mandal, Adilabad District, by issuing clearance letters to Registering Authorities i.e., respondent No.5 herein lA 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 third respondent to forthwith release the mortgage deed /bond of the petitioners land situated in Sy.No. 25214 to an extent of Ac. '1 .3300 gts and in Sy.No. 24313 lo an extent of Ac. 1.3000 gts and in Sy.No. 22913 to an extent of Ac.2.0100 gts situated at Kajjarla Village, Talamadugu Mandal, Adilabad District by issuing clearance letters to Registering Authorities i.e., respondent No.S herein, pending disposal of the writ petition Counsel for the Petitioners: SRl. SOMA RAVI KIRAN REDDY Counsel for the Respondent Nos.1,2,4&5: GP FOR REVENUE Counsel for the Respondent No.3: GP FOR COOPERATION The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIoN No.18726 of2025 ORDER: The Writ Petition is hled seeking a Writ of Maldamus declaring the action of respondent No'3 in not releasing the mortgage deeds/bonds of petitioners' lands situated in Sy.No.252/4 to arr extent of Ac'1-3300 guntas, in Sy.No.243/3 to an extent of Ac. 1-3000 guntas and in Sy.No.229/3 to al extent of Ac.2.O100 guntas situated at Kajjarla Village, Talamadugu Mandal, Adilabad District' in spite of the loals obtained by the petitioners for purchase of the said lalds were waived off by respondent No'l as confirmed by respondent No.3, as illegal and arbitrar5r' It is represented by learned counsel for the 2. petitioners as well as learned counsel for the 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 said order, dated 13.11.2015 in \ following the 2 W.P.No.24590 of 2015 and operative portion of the said order reads as under: "Orue can understand the cond.uct of the responderuts in retaining the mortgage deeds/bonds, if there are subsisting loans d.ie Lg tlrc petitioners. Bu| once the loans of petitioners haue been utaiued bg tle State, und.ei lau.t, tLrc respondents are not entitled to retain the mortgage deeds/ boruds and such action ruhateuer be its laudable objectiue, uiolates Article 14 ond. 3O0_A of the Constitution of India. Since it is not disputed, that petitioners are ou)ners of th.e plots allotted. to them, ang restraint on petitioners to sell the said, lands would uiolate Section 11 of the Transfer of Property Act, 1882, and the petitioners are entitled, to ignore ang restraint on tleir ight to alienate or encumber the land imposed bg respondents. TLte respondents are also not eniitled,- to retain the mortgage bonds/ deeds exea.Lted bg petitioners, since admittedlg the loans of aII peiitiiners haue been waiued bg the Stqte GouernmZnt".

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 mortgage deeds/bonds of petitioners' properties after the loans of petitioners have been waived off by respondent No.1. The Court further directed respondent No.3 therein to release mortgage deeds/ bonds to the petitioners by issuing clearance certihcate to respondent No.S. / \ \ 3

4. Following the said order, dated 13.11.2015 passed in W.P.No.24590 of 2015 and for the reasons stated therein, this Writ Petition is also disposed of declaring that respondent No.3 is not entitled to withhold the mortgage deeds/bonds of the petitioners' properties after the loans of the petitioners were waived by respondent No. 1. Respondent Nos.2 to 4 are directed to forthwith release the mortgage deeds/bonds of the petitioners by issuing clearance certif,rcate to respondent No. 5-The Sub-Registrar, Adilabad, Adilabad District. There shall be no order as to costs.

5. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. To, //TRUE COPY// Sd/- AHMED ABDULLA KHAN S ISTANT REGISTRAR SECT]ON OFFICER 1 The Vice^Chairman and Managin Finance Corporation Ltd, Hyde? gDirecter, Telangana State,Schedule Caste,

2. The District Collector, Adilabad, Adilabad District. 3 The Executive Director, The District schedured caste service, cooperative Society Ltd, Aditabad, AOitaOaO biiiri"t. --*'"" "" 4. The Tahsildar, Talamadugu Mandal. Adilabad District. 5. The Sub-Registrar, Adilabad, Adilabad District. 6. One CC to SRt. SOMA RAV| KTRAN REDDY Advocate tOpUCl 7 I*.o CCs to gp FOR COOPERATTON ,High Cou( for the State of Telangana. [OUT] Two CCs to Gp for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies 8 ry. o KKS PVT , HIGH COURT DATED:0210712025 ORDER WP.No.18726 ot 2025 J o (.) \ H .S T4

16. UI11 E ilE * sal) CT (\ :l I DISPOSED OF THE WRIT PETITION WITHOUT COSTS 1 \3 g