The High Court · 2025

Judgment

1. The State of Telangana, Represente Department, Secretariat, Hyderabad. by its Principal Secretary, Revenue

2. The Vice Chairman and Managing Dir ctor, State Scheduled Caste Finance Corporation Ltd., Hyderabad, State of T langana

3. The District Schedule Caste Service C Operative Development Society Ltd., Nalgonda, Rep. by its Executive Direct

4. The District Schedule Caste Service C -Operative Development Society Ltd., Yadadri Bhuvanagiri, Rep by its Executi e Director 5. The District Collector, Yadadri Bhuvana iri District 6. The Tahsildar/Joint Sub-Registrar, Ala r Mandal, Alarir, Yadadri Bhuvanagiri District

7. The Sub-Registrar, Yadagirigutta, Yada ri Bhuvanigiri District ...RESPONDENTS Petition under Article 226 of the Co stitution of lndia praying that in the circumstances stated in the affidavit filed

therewith, the High Court maY be pleased to issue Writ or Direction or an Ord r more particularly one in the nature I l : i I I I I I i Ii t, I 'i of writ of Mandamus, by decraring the inaction of the Respondent No. 3 in not realizing Mortgage Deeds/ Bonds of the Petitioners lands to an extent of Ac' 3.2975 guntas in Sy.Nos 71Ut3, 73AAt3' 73AAt2' 7|Ut2' 71Ut3' 73AA/3' 71AA' and 544Atz situated in BondugulaVilage of Rajapet Mandar, Bhuvanagiri Division, YadadriBhuvanagiri District inspite of the loans obtained by the Petitioners for purchasing the said lands are waived off by the Respondent No 2 has been confirmed by the Respondent No'3 as illegal' arbrtrary, unjust, apart fromviolativeoftheprinciplesofnaturaljusticeandfurtherconsequentlydirect the Respondent Nos. 3 and 4 to forthwith rerease the Mortgage deed/ Bonds of the petitioners lands in Sy Nos' 71U13' 73AAl3' 73AAI2' 71lJt2' 71U13' 73AA/3' 71AA, and 544Al2 situated in Bondugula Village of Raiapet tvlandal' Bhuvanagiri Division, yadadri Bhuvanagiri District by issuing the crearance retters to Registering authorities ie , Respondent No 6 herein as per orders in W.P.No.24590/2015, dated 13'112015' The same order was followed by the subsequent Writ Petitions i'e ' W P No 33205 of 2016 dated 10 04 2018' W.P.No 1 1BgBl2O22, dated 28 03 2022' W P No 12O6t2O23 dated 23 01 '2O23 and, W P.No.11363 of 2023 daled 24042023 daled 2404.2023 and W P No' 31445t2023, dated 14.12 2023 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 Respondent Nos. 3 and 4 to rerease the Mortgage deed/ Bonds of the Petitioners lands situated in Bondugula Village of Rajapet lvlandal' Bhuvanagiri Division, Yadadri Bhuvanagiri District by issuing clearance letters to registering a I authorities i.e., Respondent No O herein forthwith pending disposal of the above writ Petition Counsel for the Petitioners: SRI RAMACHATf DRA RAO PAIDI Counsel for the Respondents No"l' 5 to 7: GP FOR REVENUE Counsel for the Respondent Nos'2 to 4: SR!T'V' RAMESH' S.C. FOR TG SC. COOP DEV CORP The Court made the following: ORDER n i /t THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.23818 of 2025 ORDER: The Wlit Petition is fited seeking a Writ o1' Mandamus declaring the action ol' respondent No.3 in not rcleasing the mongage deeds,bonds ol- the petitioners lands to an extent of Ac.3.2975 guntas ln Sy.Nos.7l U13,, 73AAl3, 73AAl2, 7 lul2, 7lull,73AAl3, 71AA and 544A12 situated at Bondugula \rillage, Rajapet Manda[, Bhuvanagiri Division, Yadadri lShuvanagiri District, in spite of the loans obtained by the petitioners for purchase of thc said lands were waived off by respondcnt No.2 as conllrmed by rcspondent No.3, as illegal and arbitrary.

2. It is representecl by learned counsel for the petrtioners as welI as learneci counsel for respondents that the issue irrvolved in this Writ Petition is squarely covered by the order passed by this Courl in W.P.No.24590 of 2015, dated 13.11.2015. It is also turther represented that this Court disposed of several writ petitions by following the said order, dated 13.11.2015 in W.P.No.24590 ol' 201 5 and operative portion of the said order reads as unclcr': T I TMDJ wp_238!B 2025 "One can undersland the co tlrc mortgage deeds/bonds, irt lhl pelitioners. Bul, once the toans ) the State, under law, thn ,n porl mortgage deecls/bonds arul such objectit,e, violates Article l4 a) India. Since it is not aXrut"a tl plots allotted to thcm, any rcrrro, lands would ,ioktn s""t., i t ) 1882, and the petitioners art 1 their right ,o otr"rorn o,.nL) respondents. fn" ,nrrona"rr, l) mortgage boruls/cleeds "*"rutnd I the loans of all petirioncrs 1ru1 Government". t of the respondents in retoining re are subsisting loans due by the tf petitioners have been waived by lents are not entitled to retain the action whatever be its laudable td 300-A of the Constitutiott of at pctitioners are owners of lhe tnt on petitioners to sell fhe sakl tf the Transfer of properLy Act, litled to ignore any reslraint on :umber lhe tand imposerl by t also not entitled to retain tlrc 5y petitioners, sitlce adnlittedly ve been waived by lhe State

3. From the above, it is clear that the said writ petition was allowed declaring that respondent I.i o.3 therein was not entitled to withhold mortgage deeds/bonds of p ,etltloners' propefties after the loans of petirioners huu" b..n *uiu"] d offby respondent No.l. The Court further directed respondent Nq ,.3 therein to release mortgage deeds/bonds to the petitioners by ii suing clearance certificate to respondent No.5.

4. Following the said order. dated 13.11.2015 passed ln W.P.No.24590 of 2015 unO fo, tt" ."1lsons stated therein, this Writ l. .'-.: rI 3 TMDJ wp.-23818 2025 Petition is also disposed of declaring that respondent No.j is not entitled to withhold the mortgage deeds/bonds of the petitioners properties alter the loans of the petitioners were waived by respondent No.2. The respondents No.3 & 4 are directed to forthwith release the rnortgage deeds/bonds of the petitroners by issuing clearance certificate to respondent No.7-The Sub-Registrar, Yadagirigutta, Yadadri Bhuvanigiri District. There shall be no order as to costs.

5. Miscellaneous applications, if any, pending in this writ petition, shall s(a nd closed. SD/.U. SUD,HA ASSISTANT REGISTRAR //TRUE COPY// SEC N OFFICER Secretariat' HYderabao' Scheduled Caste Finance l The Principal Secretary' Revenue Department' State of Telangana' 'ij Hvoeraoad' siate or rerangana' 2 The Vice Chairman and Managing gileqto-r: ' d;d;;i; ' 1l?,5ffi:'1i"3"3.',i'Ji,l,PiiJli.oi**ure * 5. The District Collector' Yadadri Bhuvanagiri District' 6. The Tahsildar/Joint Sub-Registrar' Alair Mandal' Alair' Yadadri Bhuvanagtn l!?",55f,""11i"3""?.',i"Ji,l "'J::fL "?"'X"'11'&''"'ste caste service co-operative service co-operative ^S^t:te District. To, .tt ^o\ry I

7. The Sub-Registrar, yadagirigutta, y dadri Bhuvanigiri District. 8. One CC to SRI RAMACHANDRA I L*g CCs to Gp for Revenue, Hig O PAlDl, Advocate [OpUC] Hyderabad. [OUT] Court for the State of Telangana at

10.One CC to SRI T.V. RAMESH, S.C 1 1. Two CD Copies r TG SC Coop DEV CORP [OPUC] MP BS ; I I { i t I { I ! * { 7 V /t I I HIGH COURT DATED:1310812025 ;.. (i , /,4 <' f qi S14 14: ti..! ,,) iJ l!) 't/? 21 AIJE 20[ .. ,'/ -/// /oRoeR WP.No.23818 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ L &\