✦ High Court of India · 18 Mar 2025

High Court · 2025

Case Details High Court of India · 18 Mar 2025

M/s. Reliance Asset Reconstruction Company Limited, Represented by its Chief Manager-Legal Ms.GVL.Prasanna Wio Raghavendra Kumar, Resident of.Hyderaba-d,Havi-ng registered office at R-Tech Park,11th Floor'North Side, Wesiern Express Highway, Goregaon (E), Mumbai -400 0063 and its branch office is at 8'2-6181Z, Reliance Humsafar Building, Road No.11, Banjarahills, Hvderabad -500034 Telanoana State. Sfrrt gvl Prasanna, ihe Chief Manager of M/s. Reliance Asset Reconstruction Company Limited, Wo Raghavendra Kumar, Aged. 2€ years, Occ. Chief Managdr-L6gal at Reliance ARC, F/o' R-2-61812' Reliance Humsafar building, Road No.1'l , Banjara Hills, Hyderabad -500034. ...PETITIONERS AND Secretariat Hyderabad R/o. 8-2-6E5/Fy4, Road No.12 Banjara hills, Hyderabad, Telangana.

1. The State of Telangana, Rep by the Secretary Stamps and Registration 2. The Sub Relistrar, Shamshabad Rangareddy District,. 405, Rallaguda^Rd, above Sub-R6gistration Office, Shamshabad, Hyderabad, Telan-gana 501218. 3. DSP Reddy, S7o D.V. Ramana Reddy, Aged about. 64 years, 0cc. Business, 4. Mrs. D Sandhya Bhaskara Sridevi, W/o DSP Rerldy, Aged about.S8 years' Occ. Businesd, R/o. 8-2-695/R/4, Road No.12 Banjara hills, Hyderabad' Telangana. 5. M/s. Kanakadurga Automobiles Limited, Represented by its Director Mr. D-SP Reddy S/o D.V.-Ramana Reddy, Aged about. 64 years, Occ Business, Rl/o.' A-z-AgSRlq, Road No.12 Banjara hills, Hyderrbad, Telangana. (Pls fill Company address) 'Dr.Padmavathy Narayanam, W/o. Nageswara Rao Narayan-an, .Aged '- years, Rl/o. 8-2-2g3i82tng-9, Plot No.9, Huda enclave, Road No.69, Nandagiri Hills, Jubilee Hills, Shaikpet, Hyderabad -500033.

7. Prarirod Parker, S/o.N.B Parker, Aged about.3S Years, Occ. Business-at Greece(Europen Country) Fl/o Greece, and residing in lndia at Flat No.3030' Sri na,i' Apbrtments, Riltni eoili, Mehdipatnam, Ring Road, Hyderabad, India. e. Smt. Shanta Bai, W/o. Ghanshamdas Aged about. 70 Years, 0cc. Housewife, g. Smi. pramita Bai, W/o. Balkishlan, Ag6d about. 45 years, Occ. Housewife, Ri/o' R/o. H.No. 1-2-593117, Domalguda, Hyderabad.

6. Mrs. H.No. 1-2-593117, Domalguda, Hyderabad. -fij s-1

10.9mt. Veena Devi, Wo. Gajanand Agarwal, Aged about.42 years, Occ. Housewile, R/o. H.No. 1-2-593117 , Domalguda, Hyderabad 1 1 . Shri. Sanjay Aganirual, Sio. GhanshamOas,iged abourt.28 years,Occ. Business, F/o. H.No. 1-2-593117, Domalguda, Hyder,abad.-...*ES'ONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances statod in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more partir;ularly one in the nature of writ of Mandamus declaring the inaction of the 2nd Re:;pondent in registering / making entry of the Sale certificate dated 15/06/2023 in Book No.1 maintained at 2nd Respondent's office, issued by the petitioner Bank under tlre provisions of securitization and Reconstruction of Financial Asset:; and [::nforcement of security lnterest Act. 2002 (SARFAESI Act) on the prebxt of Status euo order passed by the ll Adcitional District Judge Ranga Reddy District dated 2olo6t2oo6 in lA No. 1047 of 2006 filed in os No. 403 of 2006 and further rel'using to record and file a copy of tre said certificate of sale dated 15/o61202:i issued by the Petitioner Asser. Re,:onstruction company in favour of the 6th Respondent in relation to the prorrerty Viz House bearing D. No.1 1-2c2l1(lJerv)8-1 3/1 (old), Survey No.681, Ward and Block No..t 1 (New) / B (OId), Market '/ard phase_lll, Shamshabad Vi lage and Grama panchayat, Shamshabacl Manrjal, Ranga Reddy District within the limits of District Registrar, Rangareddy, admeas"uing an extent of 3354 Sq. Yds of site with built up area 144 sq. ft. with ACC Sherj therein in the Book No.1 available at 2nd Respondent's office vide r..r.No.Fy23-241 RARCiLegal/O4ti dt 1510612023, dated 27t06l2o29as being iilegal, arbitrary and unco nstitution a I and contrary to the provisions section :26 E of sARFESI Act, 2002, Section:|18 of RDDBAFI Act, 1993 and lndian Stamp Act 1899 and section 22 A oI lRegistration Act 1908 and the standing order itl g issued by the Revenue Departmenl pertaining to the registration, and the same is non est, void ab initio and witlrout jurisdiction and consequenfly direct the 2nd Respondent to record and file a c,rpy of the certificate of sale dated 1s!otil2023 without demanding any stamp duty in the Book No'r avairabre at 2nd Respondent,s office (Prayer is amended as per court dated 14.03.2o24 viderA No, 2 ot 2023 in WP No. 22554 of 20?.3) lA NO: 't OF 2023 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 record and file a copy of the Certificate of Sale dated 15.06.2023 issued by the Petitioner Company in favour of the 6th Respondent in relation to the property Viz House bearing D.No.11-2O211(New)8-13/1 (Old), Survey No.681, Ward & Block No.11 (New) / B (Old), Market Yard Phase-lll; Shamshabad Village and Grama Panchayat, Shamshabad Mandal, Ranga Reddy District is within the limits of District Registrar, Rangareddy, admeasuring an extent of 3354 Sq. Yds of site with built up area 144 Sq, ft. with ACC Shed without demanding any stamp duty in the Book No 1 available at 2nd Respondent's office, pending disposal of the Writ Petition.. lA NO: 1 OF 2024 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 registry to list the writ petition for final hearing high up in the list at the earliest possible date, in the interest of justice Counsel for the Petitioner: SRl. K. SATHAKARNI Gounsel forthe Respondent Nos. 1&2: GP FOR REVENUE Counsel for the Respondent Nos. 3to11:- The Court made the following: ORDER THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND TIIE HON'BLE WSTICE B.R.MADHUSUDHAN RAO WRIT PETITION No.22554 of 2023 Mr. K.Sathakarn:, learr ed counsel appearing for the petitionerS ORDER: (Pcr FIon'ble Jusrice Moushumi Bhattacharya) Learned coLlnsel appearing for the petitroners seeks to withdraw the writ petition on the instructions of the ,:1i,:rnt. The letter to this e ffecl dated 11 O3.2O25 is placed before us

2. W.P.No.225lj I ol 2023, along with all connected applications, i is accordinglv dis:rissed as withdrawn. Interim or,lers, il :rny, shall stand vacatecl. TL<'rc shall be no order as to costs. //TRUE COPY// SD/.T. JAYASREE DEPUry REGISTRAR ''5ecrroru oFFlcER .i 1. One CC to SRI K. SATHAKARNT , Advocate tOpUCl 2. Two CCs to GP FOR REVENUE ,High Court fbr the State of l elangana at 3. Two CD Copies Hyderabari [OtJT] Ifr oT BM LS HIGH GOURT DATED:1 810312025 oi 1E(4 ,\t J,,,. o -) ?l =$ \\" \ \ , '.r,tr',rr,, * r' \=.:-/ ':1 ;.,' ,/ i ..r' .-- ',1; i.;,1- \:: -tl ORDER WP.No.22554 of 2023 DISMISSIIIG THE WRIT PETITION AS WITHDRAWN WITH )r h q(

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