The High Court · 2025

Judgment

2. J. 4 E -C.orporation Telangana State Power Gjneralion Limitec, Vidyut Soudha, Hyderabad - 5!0 082, T.S. Rep by its Chied Manrtinq b,r""-or. [9!n^agyOgq Thermat power-'Stition lXrCSi Vidvit Sor:na, Hyderabad _ 5-00 082, T.S.Rep by its Chief Engineei Kothagudem Thermlr Power stat'ion (KTps), parvancha, rr.hammam District, Rep by its Chief Enqineer. Sub-Registra-r,_Chikkadpaily, Hyderabad, T.S. rne state oI telanoana. rep by its prl Secretary, Stamps and Registration Department, Secretiriat, Hydera'bad. -vviv'qi'' vrur ...RESPONDENTS/RESPONDENTS 6 7 8 I QlU O]S. Qglc_o_, Vidyut So ud h a, Kha i rata bad, Hyd era bad urrecto(HR) TS Genco, Mint Compound Hvderabad CMD TGSPDCL, Mint Compound Hyderab6O- ---- Director (HR) Mint Compouhd Hydeiabad ...RESPONDENTS/PROpOSED RESpONOENT Nos. 6ros

Petition under section 151 cpc praying that in the circe,mstances stated in the affidavit fired in support of the petition, the High court m ry be preased to implead the proposed respondents 6 to g herein as respondenrs 6 to g in w.p. No. 33326 of 2023 as well as in all the interlocutory applications and wherever required, pending disposal of the main Writ petition, in lhe interest of justice Counsel for the Petitioner: SRl. M. A. MUJEEB Counsel forthe Respondent Nos, 1to3: SRI R. VINOD REDDY (sc FoR TS GENCO, NON SERVTCE) Counsel for the Respondent Nos.4&5: Gp FOR STAMPS ANB REGISTRATION, The Court made the following: ORDER THE HONOURABLE SRI JI'STICE N.V.SHRAVAN }(I,'MAR WRIT PETITION No. 33326 of 2o23 ORDER: This writ petition is filed questioning the inaction o I respondents in not considering the representation with rcgard lo ex tcution of re- conveyance deed relating to the house property bearing H.No.2-2- ),1O9 /513 admeasuring 288 square yards situated at Gangabowli, Bagh Amberpet, Hyderabad, which has been purchasec. earlier from the lawful owner on 31 .03. i978 vide registered sale leed bearing document No.1049 of 1978 nor cancelling the mortgage deed created by the petitioner's father.

2. The brief facts as stated in Lhe writ pe tition 1re that the petitioner's father was the absolute owner and poss,:ssor of the property bearing Il.No.2-2- 1 IO9 lS l3, admeasuring 2gg square yards situated at Gangabowli, Bagh Amberpet, Hyderabad wl-r ch has been purchased on 31.O3.1978 vide registercd saie deed bearurg document No, 1049 oI i978. When the petitioner,s father was ,"vorl:ing with the 2nd respondent as Divisional Engineer during his service i ie purchased the above said property and obtainecl house loan frorr respondent Nos.l and 2. It is furthcr submitted that the petitioner,s ather retired lrom service and expired on 13.04. t989 and his mothcr also expired on O5.09.2017 and the pel:itioner is now working in Vrjaya Milk Factory, Vijayawada and by virtue of his occupationat engragement, he ./ 2 could not collect and verify all the documents pertaining to the property of his father. Now the petitioner intended to sell the property along with his brothers and sisters and approached 4e respondent and obtained encumbrance certificate. Later the petitioner knew that his father had obtained Housing Loan and created a simple mortgage in respect of the said house property and the same was registered with the 4e respondent vide Mortgage Deed No.21 of 1981 dated

23.01.1981. Thereafter, the petitioner approached the respondent Nos.1 and 2 and requested to get the said mortgage deed cancelled since his father during his lifetime has cleared entire house loan and obtained No Dues Certificate lrom the concerned department at the time of his retirement lrom the service, wherein it was clear$ mentioned that no dues arc liable lo be paid to the respondent Nos.l and 2. However, respondenls did not consider the request and a representation was given to that effect. The main grievance of the petitioner is that since the loan amount has beqn repaid, the mortgage transaction is still reflecting in the statement of Encumbrance of property as such the petitioner and family members are unable to deal with the subject property.

3. Learned counsel for the petitioner has drawn attention of this Court to coy of the Death Certificate of the said V.V.Gopa.lakrishna issued by the Muniiipal Corporation. He would further submit that the family members of the said V.V.Gopalakrishna have also applied for family ryEber certificate before the M-Seva and copy of the \ i( 3

4. Learned standing counsel appearing for respondent Nos.2 and 3 has placed inslructrons and would submit that an A[hdrvit needs to be lited on behalf of all the legal heirs of the said leceased Sri V.V.Gopalakrishna stating that they have no objection wl atsoever and they should also authorize the petitioner to execute the rr-conveyance deed.

5. Learned standing counsel further submits that i[ ;uch afhdavit is hled to the satisfaction of the respondent authorities, tirey would not have any objection in executing and presenting the re-cor veyanoe deed along with petitioner and the legal heirs of said Sri V.V.G<,palakrishna.

6. In view of the same, learned counsel for the pe ti :ioner further submits that they will take steps in preparing the re-cor veyance deed and submit that any representative of respondent Nos.2 rnd 3 may be authorized to present the same before the respondent authorities for the pu rpose of registration. t I

7. Heard both sides I I

8. Since the loan has already been paid and that thr respondents have no claim over the subject properly, if the prtitioner and respondents present the re-conveyance deed in accordz.nce with the provisions of the Registration Act, 1908 and the Indian Stamps Act, 4 1899 there should not be any objection for the reglstration authorities to neceive and register the sub.ject document.

9. [n view of the submissions rnq6g by the learned counsel for the petitioner and respondents, with their consent this writ petition is disposed of directing the S.R.O. concerned to receive and register if any re-convenience deed is presented by the parties on the subject property. Further, the office of the respondent Nos.2 and 3 is directed to depute any oflicial to accompany the petitioner for presenting the subject document before the registering authority concerned. If such deed is presented, the same shall be received and registered strictly in accordance with the procedure laid down under the Registration Act, 19O8 and the Indian Stamps Act, 1g99 and thereafter affect the necessary entries in the Bn6urn[rance Certifica[e. IVith the above observations, this writ petition is disposed of. Miscellaneous applications, it anY pend ing, shall stand closed To, //TRUE COPY// SD/. DE T.TIRUMALA DEVI PUTY REGISTRAR SECTION OFFICER I :$Iffiyli;,![[*'4fr+f"iTur#,*"n,g?,r?,,t;S;]u,.,* ; *i!tfi5|-3gp;;r'xotnasuo6m'ihermar : Iffi .ift$] 3:: i; 8[iH:,,fl I,# r.fi :1',$:; Jd i D e pa rt m e n,, . "",",; ; power starion (Krps), parvancha, Ab. ;;5"fff#,f#-T#[Et#,{frT#.N H sh c.,, r.,,n" RBS HIGH COURT DATED:1210212025 ORDER WP.No.33326 of 2023 ) l ( I ir i S l4 I4. 1 3 u m ((\( l D .sc Tp c {+ t o DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ I b d )