✦ High Court of India · 03 Jul 2025

Bathula Padma @ Vasantha v. 1. The State of Telangana

Case Details High Court of India · 03 Jul 2025
Court
High Court of India
Decided
03 Jul 2025
Length
2,037 words

7. Jadala Srinivasu alias Srinivas Yadav, S/o Ramaiah, aged 56 years, Occ. Business, Fl/o H.No. 1-37lA, Narnpatle Village, Vemulawada Mandal, Rajanna Sircilla District - 505 302.

8. Lala Devaiah, S/o Narsaiah, Aged 53 years, Occ. Business' Ryo 7-4-80110' Vemulawada Town, Vemulawada Mandal, Rajanna Skcilh Dstrict - 505 302. .....RESPONDENTS Petition Under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court rnay be pleased to issue a Writ, Order or Direction, particularly in the nature of Writ of Mandamus declaring action of the respondents in not taking further action to cancel the registered sale deeds vide Doc.No. 939 of 2024 dt. 1510712024 executed by Sth respondent in favour of 6th respondent, vyho in turn executed a sale deed vide Doc.No. 1025 of 2024 dt. 0310812024 in favour of respondents 7 and 8 which were executed in contrary to the injunction order in I.A.No. 218 of 2022 in O.S.No. 157 of 2O22 dt. 2010412024 on the file of Additional Junior Civil Judge, Sircilla, which was extended until further orders on 2610412023 and contrary to the Standing Order as illegal, arbitrary and contrary to the Standing Orders and also contrary to the provisions of the Registration Act and consequently direct the respondents to take action to cancel the sale deeds as indicated in the Memo No. 8/618/2024 dt. 2024 issued by the 3rd respondent and further direct the 3rd respondent to keep the land admeasuring Ac. 2.31 gts. in Sy.No. 862 (corresponding new Sy.No. 862/ /3) situated at Thadur Village, Thangallapally Mandal, Rajanna Sircilla District under Disputed Site in Dharani Portal till the disposal of the suit in O.S.No. 257 of 2022 pending on the file of Additional Junior Civil Judge, Sircilla. !.A.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 3rd respondent not to register any documents/sale deed in respect of land admeasuring Ac.2.31 gts. in Sy.No. 862 (corresponding new Sy.No. 862/ /3) situated at Thadur Village, Thangallapally Mandal , Rajanna Sircilla District till the disposaf of the suit in O.S.No. 157 oi 2022 on the file of Addl. Junior Civil Judge, Sircilla.

1.A.NO:1 OF 2025 Between 1 Bommavaram Mahendar Rao, S/o Vijay Rao, aged 51 years, Occ. Agriculture, R/o 3€9/A, Kasbekatkur Village, Thangallapalti Mandat, Rajanna Sircilla District - 505 301. ,: i I

2. Jadala Srinivasu alias Srinivas Yadav, S/o Ramaiah, aged 56 years, Occ. Business, Rl/o H.M. 1-37lA, I{ampalle Vilhge, Vemulawada Mandal, Rajanna Sircilla District - 5O5 302.

3. Lala Devaiah, S/o Narsaiah, Aged 53 years, Occ. Busiress,-R/o 7-4-!p{^0-,^ Vemulawada Town, Vemulawada Maidal, Rajanna Sircilla District - 505 302' ....PETITIONERS/RESPONDENTS Nos.6 to 8 AND 1 . Bathula Padma alias Vasantha, W/o Yellaiah, Aged 44 years, Aoriculture. Fl/o H.No. 3$7, Laxmipur Village, Thangallapally Riianna Sircilla District, Presently Rl/o H.No. 3-1-211' Vadlooru Beijanki Mandal, Siddipet District. Occ ; Mandal, Village, .....RESPONDENT No.l/WRIT PETITIONER

2. State of Telangana, Rep. by its Principal Sec1eta.ry, Re\enue Stamps and Registration Department, Secretariat, Hyderabad.

3. The District Collector, Ralanna Sircilla District, Sircilla. 4. The Tahsildar and Joint Sub-Registrar, Tangellapalli Mandal, Rajanna Sircilla District.

5. Bathulla Yellaiah, S/o Komuraiah, Aged 60 years, Occ. Agriculture,.Fl/o. . . - H.No.g-ZO, Laxmipur Village, Thangallapally Mandal, Rajanna Sircilla District'

6. Kodaveni Prashanth, S/o Raiaiah, aged 3O years, Occ. Agriculture, Fl/o H.No.2-23, Gopalraopalle Village, Thangallapally Mandal, Rajanna Sircilla District. .....RESPONDENTS/RESPONDENTS 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 vacate tt|e interim order dated: 16-12-2024 passed in w.F.' Nlo. 35077 of 2024, and so also dismiss W.P.No.35077 of 2024 - t.A.NO:3OF 2O25 Between Kodaveni Prashanth, S/o Rajaiah, aged 30 years, Occ- Agriculture, R/o H'No'2-23' Copitraopalte Village, Than!allapally Mandal, Raianna Sircilla District. ....VACATE PETITIONER/RESPONDENT NO.5 AND 1 . Bathula Padma alias Vasantha, Wo Yellaiah, Aged 44 years, Occ ; Agriculture, Rl/o H.No. 367, Laxmipur Village, Thangallapally Mandal, Rajanna Sircilla District, Presently Rl/o H.No. 3-1-211 , Vadlooru Village, Bejjanki Mandal, Siddipet District. .....RESPONDENT No.l/WR!T PETITIONER

2. State of Telangana, Rep. by its Principal Secretary, Revenue Stamps and Regiskation Department, Secretariat, Hyderabad. 3. The District Collector, Rajanna Sircilla District, Sircilla. 4. The Tahsildar and Joint Sub-Registrar, Tangellapalli Mandal, Rajanna Sircilla District.

5. Bathulla Yellaiah, S/o Komuraiah, Aged 60 years, Occ. Agriculture, Ryo H.No.3-76, Laxmipur Village, Thangallapally Mandal, Rajanna Sircilla District. 6. Bommavaram Mahendar Rao, S/o Vijay Rao, aged 51 years, Occ. Agriculture, R/o 3-89/4, Kasbekatkur Village, Thangallapalli Mandal, Rajanna Sircilla District - 505 301 .

7. Jadala Srinivasu alias Srinivas Yadav, S/o Ramaiah, aged 56 years, Occ. Business, R/o H.No. 1-37lA, Nampalle Village, Vemulawada Mandal, Rajanna Sircilla District - 505 302.

8. Lala Devaiah, S/o Narsaiah, Aged 53 years, Occ. Business, R/o 7-4-80110, Vemulawada Town, Vemulawada Mandal, Raianna Sircilla District - 505 302. ...,RESPONDENTS/RESPONDENTS Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to vacate the interim order daled'. 16-12-2024 in W.P. No. 35077 of 2024, and so also dismiss W.P.No.35077 of 2024. Counsel for the Petitioners : SRI G.SUNOARESAN Counsel for the Respondent Nos.l to 3 : Ms. S.SRAVANTHI, AGP FOR REVENUE Counsel for the Respondent Nos.4 to 8 : SRI T.V.RAMANA RAO The Court made the following ORDER THE HON'BLE SRI JUSTICE K.SARATH trIRIT PETITION No.35O77 of 2o.24 ORDER: Heard Sri G.Sundaresan, learned Counsel appearing for the petitioner and Ms. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearirqg for the offrcial respondents and Sri T.V.Ramana Rao, learned counsel appearing for the unofhcial respondents and perused the rrraterial on record.

2. Learned counsel lor the petitioner submits that the petitioner is declaring the aclion of the respondents in not taking further action to cancel the registered Sale Deeds vide Doc.No.939 of 2024, dated 15.07.2024 executed by respondent No.5 in favour of respondent No.6, who in turn executed a Sale Deed vide Doc.No.lO2S of 2024 dated O3.O8.2O24 in favour of respondent Nos.7 and 8 which were executed in contrary to the injunction order in I.A.No.218 of 'l I I I i i t I f i i ! I t i i EI l 2 sI(,J W.P.No.35O77 of 2O24 2022 irt O.S.No.157 of 2022 dated20.O4.2024 on the file of Additional Jrrnior Civil Judge, Sircilla, which rvas extended until further orders on 26.04.2023 and contrary to the Standing Order as illegal, arbitrary and also contrary to the provisions ol'the Registration Act and consequently direct the respondents to take action to cancel the sa,le deeds as indicated in tlre Memo No.B/618/2O24 dated 2l .O8.2O24 issued by the respondent No.3 and further direct the respondent No.3 to keep the land admeasuring Ac.2-3 1 guntas in Sy.No.862 corresponding new Sy.No.862/3 situated at Thadur Village, Thangallapally Mandal, Rajanna Sircilla District under Disputed Site in Dharani Portal till the disposal of the suit in O.S.No.257 of 2022 pending on the hle of Additional Junior Civil Judge Sircilla.

3. After hearing both sides and perusing the material on record, this Court is of the considered view that there is dispute between the petitioner and unofhcial respondents I i I 3 ST<,J w.P.No.35077 of 2024 with regard to the transaction between the respondent No.4 and respondent No.S. Before frling of the writ petition, the petitioner filed O.S. 157 of 2022 on the hle of the Additional Junior Civil Judge, Sircilla and the Trial Court granted interim order in I.A.No.218 of 2022 in O.S.No.l57 of 2022, dated 20.04.2024. The petitioner not communicated the order to the registering authorities till 15.07.2024. At the time of registration, it was not informed about the order of the Trial Court. In view ol the same, the registering authority processed the document and registered the document in favour of respondent No.6 on the same day i.e., L5.O7.2024. Subsequently, the respondent No.6 sold the property to the respondent Nos.7 and 8 in Doc.No.1025 of 2024, dated O3.08.2024.

4. As per the written instructions of the learned Assistant Governrnent Pleader for Stamps and Registration, it is stated tlrat as per the norms of Dharani Portal, until t \ I 4 w.e.r..ssozz q zs{i!+ and unless the application is processed under Dharani Portal optron, it is not possible to block the land from alienatio n. But the petitioner has not made any application through Dharani portal at the time of registration Thereafte,r, the petitioner made an application through Dharani portal vide Application No.C124OOO 24ZOl without enclosing the Court order as such the application was rejected. Subsequenfly, the petitioner has made another applicatio n Ref.No.Ct24OOO2ggO4 to block the land for registration in the Dharani portal. Accordingly, proposals were processed to the highe r officers to block the lard in Dharani portal ancl the samt: is pending before the higher officcrs. 5. In vievr of the order passed by the competent Civil Court not to alienate the propert5r and the same \.vas not communica te,l to the registering authorities in time. ivloreover, after hling of the writ petition, the respondent through Dharani porta-i I I I t I 5 ' SK,J W.P.No.35O77 of 2024 No.4 filed suit in O.S.No.149 of 2022 on the hle of Junior Civil Judge, Sircilla f,or cancellation of the said document No.1761 Of 2O2I, dated 06.12.2021 pertatning to the suit schedule propert5r and the application made by the petitioner through Dharani Portal Ref.No.C124OOO289O4 to block the land for registration in the Dharani Portal is pending before the higher authorities.

6. It is observed that the petitioner and the unofficial f ( respondents have hled suits before the competent Civil Court uice-uersa. ln view of the same, they have to agitate their rights in civil proceedings. Moreover, in I.A.No.2lB of 2022 in O.S.No. 157 of 2022, the Additional Junior Civil Judge, Sircilla granted interim order on 20.O4.2O2+ directing the respondent No.2/defendant No.2 therein not to alienate the property of the petitioner/plaintiff therein. Till the vacation of the said interim order or disposal of the suits filed by the contesting parties, both the parties are i I I I I l! 1 i J ,i I I I f I I I f I ! I 6 st(,J W.P.No.35077 of 2O24 directed not to make any further transaction in the suit schedule pr:operty.

7. In vieu' of the above direction, this writ petition is disposed of. There shall be no order as to costs. 8 Miscellaneous petitions, if any, pending sha_ll stand closed //TRUE COPY// To

2. 3.

5. 6 7. SA LS g District The Princi pal Secreta ry, Revenue Stam ps and Re Secretaria State of Tela ngana at Hyde ra bad The Districl Collector, Rajanna Sircilia District, Sircilla. The Tahsitd ar and Joint Sub-Registrar, Tangellapalli Mandal, Rajanna Sirciila Two CCs to Gp FOR REVENU E High Court for the State of Telangana at Hyderabad lourl One CC to liR IG.SUNDARES AN, Advocate [OPU cI One CC to IiRl T,V.RAMANA RAO, Ad vocate (Opuc) Two CD Copies fl+ HIGH COURT DATED:0310712025 ORDER WP.No.35077 ot 2024 DISPOSING OF THE W.P 'i$a lr14, 1,..\ -^ \l l<\ 13 0cr z[fr i r!I DFsnAri t WITHOUT COSTS. ff-' ( o 7 {A 2)

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