✦ High Court of India · 21 Aug 2025

One CC to SRl. T v. RAMESH, STANDING COUNSEL

Case Details High Court of India · 21 Aug 2025
Court
High Court of India
Decided
21 Aug 2025
Bench
Not available
Length
1,669 words

Judgment

2. .)

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6. 7 The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad The Vice Chairman and Managing Director, State Scheduled Caste Finance Corporation Ltd., Hyderabad. The District Scheduled Caste Service Co-Operative Devp.Society Ltd, Nalgonda, Rep by its Executive Director. The District Scheduled Caste Service Co-Operativep Devp.Society Ltd, Yadadri Bhuvanagiri, Rep by its Executive Director. ' The District Collector, Yadadri Bhuvanagiri District. The Tahsildar/Joint Sub-Registrar, Alair (Mandal), Yadadri Bhuvanagiri District. The Sub-Registrar, Yadagirigutta, Yadadri Bhuvanigiri District. ...RESPONDENTS

Petition under Article 226 of the Constitution of tntia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction or an Order more particularly one in the nature of WRIT OF MANDAMUS, by declaring the inaction of the Respondent No. 4 in not realizing Mortgage Deeds/ Bonds of the Petitioners lands to an extent of Ac. 6.04 Gts, in Sy.Nos. 109617 , B5Ba, vu and B7l vu situated in Kolanupaka Village of AIair [\r'landal, Yadadri Bhuvanagiri 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, atl)ilrary, unjust, apart from violative of the principles of natural justice and further consequently direct the Respondent Nos. 3 and 4 to forthwith release the Mortga,;e deed/ Bonds of the petitioners lands in Sy.Nos.1096/7, 858a, vu and [i7'1 vu situated in Kolanupaka Village of Alair Mandal, Yadadri Bhuvanagiri D slrict by issuing the clearance letters to Registering authorities i.e., Respondent flc.6 herein lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the c rr;umstances stated in the affidavit filed in support of the petition, the High Cour rnay be pleased to direct the Respondent Nos. 3 and 4 to release the Mortgage cleedi Bonds of the Petitioners lands situated in Kolanupaka Village of Ala r [/andal, Yadadri Bhuvanagiri District by issuing the clearance letters to Re3istering authorities i.e., Respondent No 6 herein forthwith, pending disposal c,f the above Writ Petitio n Counsel for the Petitioner: Ms. K. KIRAN MAYEE Counsel for the Respondent Nos. 1,5,6&7: GP FOR REVENI, E Counsel for the Respondent Nos.2,3&4: SRI T.V. RAMESH , STANDING COL,l.lSEL The Court made the following: ORDER t THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIoN No.24856 OF 2O2S ORDER: This Writ Petition is hled seeking to declare the action of the 4th respondent in not releasing the mortgage deeds/bonds of the petitioners' landsr, to an extent of Ac.6.04 gts in Sy.Nos.1096/7, 854a, vu and 871vu situated in Kolanupaka village of Alair Manda[, Yadadri Bhuvanagiri District, inspite of the loans obtained by the petitioners for purchasing the said Iands are waived off by respondent No.5, and has been confirmed by the respondent No.3, as itlegal and arbitrary and to direct the respondeits No.3 and 4 to forthwith release the mortgage deeds/bonds and pass such other order or orders.

2. Heard learned counsel for the petitioners, learned Government Pleader for Revenue, appearing for respondents No. 1, 5, 6 and 7 and learned Standing counseI for Cooperative Societies, appearing for respondents No.2, 3 and 4. ,

3. l,earned counsel for the petitioners submitted that this writ : petition is limite{ to l st petitioner and may be dismissed in respect of petitioners No.2 and 3 with a liberty to fiie fresh writ petition. In view of the said submission, this writ petition is di;missed insofar as petitioners No.2 and 3 are concerned. As far as 1"' petitioner is concerned, the,lfacts. pf the case are squarely covered by the order of 1 this Court dzrted O4.O4.2O23 in W.P.No.1 1397 ol .1O23 and seeks similar relief ir-r this writ petition also.

4. [n view thereof and for the reasons alike in \V.P.No.11397 of 2023, this Writ Petition is also disposed of directing r-'spondent No.4 to release the mortgage deeds/bonds executed by t t, petitioners in respect of the lands to an extent of Ac.6.04 gts in S1,.1 os. l()96/7, 858a, r,,u and 871!.u situated in Kolanupaka village of Alai: l{anclal, Yadadri Bhut anagiri - 'District, b.y issuing clearance certifir:a1rlr to respondent No.6. There shall be no order as to costs.

5. Miscellaneous apphcations, if any, pending ut t llrs writ pctition stand closed. SD/. B. REKHA RANI ASS STANT REGISTRAR //TRUE COPY// ' 'isEcfloN oFFrcER To,

1. The Principal Secretary, Revenue Department, Secretatizrt, T S.,Hyderabad 2. The Vice Chairman and Managing Director, State Scherl0,led Caste Finance Corporation Ltd., Hyderabad.

3. The Executive Director, District Scheduled Caste Senvice Co-Operative Devp.Society Ltd, Nalgonda

4. The District Scheduled Caste Service Co-Operative Der p.Society Ltd, Yadadri Bhuvanagiri, Rep by its Executive Director. 5. The District Collector, Yadadri Bhuvanagiri District. 6. The Tahsildar/Joint Sub-Registrar, Alair (Mandal), Yada lri Bhuvanagiri

7. The Sub-Registrar, Yadagirigutta, Yadadri Bhuvanig#i Drstrict. B: One CC to Ms. K. KIRAN MAYEE, Advocate [OPUC] 9. Two CCs to GP FOR REVENUE ,High Court for the St:rk of Telangana at Hyderabad [OUT]

10.One CC to SRl. T V. RAMESH, STANDING COUNSEL [(]PUCI 'l 1 . Two CD Copies District. BIV GJP

4.p.s , I HIGH COURT DATED:2110812025 ORDER WP.No.24856 of 2025 a ),ri (( T.htr r/ts ,.4. 3; Zi mu 15 t SPATcHE^* , DISPOSING OF THE WRIT PETITION WITHOUT COSTS t HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. 11397 of2023 ORDER: With the consent of both the parties, this writ petition is being disposed of at the admission stage.

2. This Writ Petition is Iiled with the following relief:- "...to issue a writ or direction or an order morc particularly one in the nature o[ Writ of Mandamus by declaring the action of respondent No.4 in not releasing the Mortgage Deeds/Bonds ofthe petitioners' lands to an extent of Ac.72.26 guntas in Sy.Nos.24, 27, 28 and 29 situated in Panakabanda Village, Mothukuru Mandal, Yadadri Bhuvanagiri District inspite of the loans obtained by the petitioners for purchasing the said lands are waived off by respondent No.2 has been confirmed by respondent No.3, as illegal, arbitrary, unjust apart from violative of the principles of natural flrstice and consequently, direct respondent Nos.3 and 4 to forlhwith release the Mortgage Deeds/Bonds of the petitioners' lands in Sy.Nos,24, 27, 28 and 29 situated in Panakabanda Village, Mothukuru Mandal, Yadadri Bhuvanagiri District by issuing the clea/dnce letters to the Registering Authorities i.e., respondent No.6.. "

3. The petitioners belonged to Schedule Caste Community and the Government had acquired land ", CVBR, J \\p 11397 2013 admeasurrng Ac.48.37 guntas in Sy.Nos.24, 2(,27,28,29, 151 and ll 17 situated at Panakabanda Village. Mothukur Mandal, Kurella and Khapraipalle Village, Athmakur Mandal, Yadadri Bhuvanagiri District uidc reg stered sale dceds bearing document No. 2 of 2004, datec )2.O1.2OO4 for the benefit of the Scheduled Caste persolls. It is the contention of the learned counsel for the petitioners that the petitioners have allotted land admeasurine Ac.12.26 guntas Sy.Nos.24, 27, 28 and 29 sttuated at Panakabanda Village, Mothukur Mandz l, Yadadri Ilhuvanagiri Drstnct and in pursuance of the s,;heme of the Government they have also executed mortgage cleeds / bonds in favour of the respondents mc rt gaging the said property pending clearance of the lcan amount sanctioned on the subject sale deeds. {il,"rt after discharging the loan amount, the respondent l'1o.4 is not releasing the mortgage deeds/bonds execute d by the petitioners in respect of the land admeasug:r61 Ac.12.26 guntas in Sy.Nos.24, 27, 28 and 29 situated at Panakabanda Village, Mothukur Manda., \'adadri Rhuvanagiri District, which land iS forming par- ,rf the total 3 CVBR, J wp 11397 2023 extent of land Ac.48.37 guntas in Sy.Nos.24 , 26, 27, 28, 29, 151 and 317 situated at Panakabanda Village, Mothukur Mandal, Kurella and Khapraipalle Village, Athmakur Mandal, Yadadri Bhuvanagiri District acquired by the Government for the benefit of the Scheduied Caste persons. It is further contended by the learned counsel for the petitioners that the facts of the case are squarely covered by the orders of this Court passed in W.P.No.24590 of 2015, dated 13.11.2015, which was followed by the subsequent writ petitions and since the case of the petitioners is similar to the facts in W.P.No.24590 of 2015 and they also seeking similar relief, he prays this Court to direct the respondents to release the mortgage deeds/bonds in terms of the orders passed by this Court in W.P.No.24590 of 2015. !

4. Sri Sapavath Srinivas, learned Standing Counsel appearing for respondent Nos.2 to 4 has submitted that since the petitioners have been identified a{'beneficiaries under the scheme introduced by the Government and if they fulhl all the conditions of the same, their mortgage /' 4 CVBR, J .vp-l 1397_2023 deeds/bonds will be released strictly in terms of the bonds executed by the petitioners on discharging their loan amounts

5. In view. of the above submission and fo: the reasons alike in the order dated 13. 11.201S in W.F.I,lo.2459O of 2015, this writ petition is also disposed of directing responcient irlo.4 to release the mortgage deeds/bonds executed by thc petitioners in respect of the ,ands to an extent of Ac.12.26 guntas in Sy.Nos.24, 27 2g and, 29 situated in Panakabanda Village, Mothukuru Mandal, Yadadri. Bhuvanagiri District by issuin.3 clearance certiflrcates to respondent No.6. No costs.

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. !

24.O4.2023 JUSTICE C.V.BHAS]<.,A,R REDDY I

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