1 Chandhupattla Rani v. The State of Telangana

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. 5th to release the tr/lortgage deed/ Bonds of the PetitionerslandSsituatedinMootaKondurVillageoflvlotakondufulandal, (ErstwhileYadagiriguttalrilandal),BhuvanagirrDivision,Yadadri-Bhuvanagiri Districtbyissuingclearanceletterstoregisteringauthoritiesi.e.'Respondent No.7 and B herein forthwith, pending disposal of the above Writ Petition' Counsel for the Petitioner : SRI RAMACHANDRA RAO PAIDI Counsel for the Respondents No.1 : GP FOR COOPERATION Counsel for the Respondents No.3,7to9 : GP FOR REVENUE Counsel for the Respondents No'2,4,5&6 : SRI T'V'RAMESH' SC FOR DSCCDSL The Court made the following: ORDER i I I I i t I , i I ,/ THE HON'BLE SMT. JUSTICE T. MADIII{/I DEVI WRIT PETITION t{o.2961-4 oF 2025 ORDER: The Writ Petition is fi1ed seeking a Wril rf Mandamus declaring the action of respondent No.5 in nct releasing the mortgage deeds/bonds of the petitioners in respect of their extents of land in Sy.Nos.368/VU, 368/Aa, 3trti/HO 369 lA, 464/1, 366/Ru, 3421C-, 367 lAB, 369 AA, 46+12, 366 lLu, 369/8I5, 342/A, 3421A, 367 lA4, 368/.\a, 36a/De, 369 I Aa/ t, 4641 t l2l 1, 369 I Aal2, 464 I t 12l:t, and 464120, situated at Mootakondur Village and Marda I Bl-ruvanagiri Division, Yadadri Bhuvanagiri District, despite of ttre loans obtained by the petitioners for purchase of the sr.id lartds were waived off by respondent No.2, as illegal and artri irary.

2. Heard the learned counsel for the pt,titioners, Sri T.V.Ramesh, learned Standing counsel a.tpearrng for respondents No.2, 4, 5 and 6.

3. It is represented by learned counsel for the petitioners as well as learned counsel for respondents Jrat the issue involved in this Writ Petition is squarely covered b1. the order 2 passed by this Court in W.P.No.24590 of 2O15, dated

13.11.2015. It is also further represented that this Court disposed of several writ petitions by following the said order, dated 13.11.2015 in W.P.No.24590 of 2O15 and operative portion of the said order reads as under: "One can understand the conduct of the respondents in retaining the mortgage deeds/ bonds, if there are subsisting loans due bg the petitioners. Bu| orLce the loans of petitioners haue been uaiued bg the State, under latu, the respondents are not entitled to retain the mortgage deeds/ bonds arud such action tuhateuer be its laudable objectiue, uiolates Afticle 14 and 300-4 of the Constihttion 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 londs utould uioLate Section 11 of the Transfer of Propertg Act, 1882, and the petitioners are entitled to ignore any restraint on their ight to qlienate or enatmber the land imposed by respondents. The respondents are also not entitled to retain the mortgage bonds/ deeds executed by petitioners, since admittedly the loans of all petitioners haue beeru utaiued bg the State Gouemment". 4 From the above, it is clear that the said writ petition was allowed declaring that respondent No.3 therein was not tr+*sur n1 _tr * -|i,--Z entitled to withhold mortgage deeds/bonds of petitioners, properties after the loans of petitioners have been rrraived off by respondent No.1. The Court further direr:t:d respondent No.3 therein to release mortgage deedsT i onds to the petitioners by issuing clearance certificate to res:ondent No.5.

5. Foilowing the said order, dated 13.11.2C15 prassed in W.P.No.24590 of 2015 and for the reasons stat€11 the:ein, this Writ Petition is aJso disposed of declaring that re spond.ent No.5 is not entitled to withhold the mortgage deecls /boncls of the petitioners properties after the loans of the tr,6 1i1i6nsrs were warved by respondent No.2. The respondent No i is ditected to forthwith release the mortgage deeds/bonds of rhe petitioners by issuing clearance certificate to respondent llo.7_The Sub_ Registrar, Yadagirigutta, yadadri Bhuvanigiri I ristrict. There shall be no order as to costs. 6 Miscellaneous applications, if any, pendi.rg in this writ petition, shall stald closed. i I : To, //TRUE COPY// SD/-G. JYOTHI ASI;ISTANT REGISTRAR G SECI'ION OFFICER

1. The Principal Secreta Telangana, Hyderaba ry, Department of Co-Operation, lit,cretariat, State of d. 2 The Vice Chairman/Managing Director, Telangana Stat Co-Operative Development, Corporation Ltd.,,5th floor i Masabtank Hyderabad, Hyderabad. : Sched uled Casts I SCE Bhavan

3. The Chief Commissioner of Land Administration, Nampa Iy Stalion Road, Abids, Hyderabad, State of Telangana. -1 I I I ! - i:?j:'Jil"i.?'JffH;n3 :'i3[s?lt'R""'lsl'3'?lsi'rf"t "'?:E 3'"i:l'?6:x: District' State of Telangana' a r Moota Kond u r' M otakond u M andar' ';[%::;*:;,?:".1!?,iPfi ]:'?',:::",:Hli'9f"':"n:"JY:?'"'"?o-operative 6. The District Collector' Yadadri-Bhuvanagiri ' U: #lilEil9"T33 iilil a',.?, Jsird B. The Joinlsub Register' Yadagirigutta Mandal' Yadadri-Bhuvanagiri 9. The District Registrar' Nalgonda District' State of Telangana 10.One CC to SRI *OnnO"nO*'*A RAO PAIDI' Advocate tOPUCl 1'1 .Two CCs to GP FOR COOPERATION' High Court for the State of Telangana REVEN,E' High court ror the State or rerangana at t' 'iir]l*r" s c h ed u re c aste s e rv i ce c o- idrii- District , . B!:,:,?SfILI"y#y5"t*f t :" i3FU8l

14.Two CD CoPies BSK BS Yy I t HIGH COURT DATED:2510912025 ;.-\ 16 ril ?t13q t.',i' ORDER WP.No.29614 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .qd "\ r( \o