MBG Commodities Private Limited v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue, direction, order or writ more particularly one in the nature of writ of mandamus, holding that the inaction of Respondent Nos. 2 to 4 in not receiving the sale certificate dated 16.09.2024 issued in respect of agriculture lands admeasuring Ac.101.38 % Gts in Sy. Nos. 279,280,281 ,290lAA,290118, 291 t18, 291, 290t1 A, 291 t2A, 290t1, 291 t 1, 31 1, 238, 239, 27 5t4, 276, 279 0t Mittapally Village, Siddipet Mandal, Medak District, presently Siddipet District, Telangana, as illegal and arbitrary and is against to the provisions of Registration Act '1908 and consequently direct the Respondent No. 2 to 4 to receive the sale certificate dated 16.09.2024 inter alia issued in respect of agriculture lands admeasuring Ac.101.38 % Gts in Sy. Nos. 279,2A0,281 ,2gOlAA,2gOt1B, 291t18, 291 ,290t1A, 291t2A,290t1,291t1 , 311,238,239.281 ,275t4, 276,279 of Mittapally Village, Siddipet Mandal, Medak District, presenfly Siddipet District, Telangana, and mutate the names of the Petitioner in the revenue records as against to the afore mentioned Survey numbers_ 1A 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 Respondent No-4 and Respondent No.2 respectively not to entertain any alienations in any form and nature in respect of agriculture lands admeasuring Ac.101.38 % Gts in Sy. Nos. 279,2BO,2B1 ,2}OIAA,2gOl1B, 291t18, 291, 290t1 A, 291 t2A, 290t1, 291 t1, 311, 238, 239, 275t4, 276, 279 of Mittapally Village, Siddipet Mandal, Medak District, presenfly Siddipet District, Telangana, pending disposal of the above writ petition. lA NO: 2 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 Respondent No.4 and Respondent No.2 respectively duly acts on the representations of the J M Financial ARC, the respondent no. 5 herein on behalf of petitioners, and representations of the Petitioners letters dated: 2st1ot2o24, Og I 1 212024 and 1 3 I 1 212024 respectively. Counsel for the Petitioner: SRI P. RAJA SRIPATHI RAO, SENIOR COUNSEL FOR SRI RAGHAVENDRA P. Counsel forthe Respondents No.l to 4: SRI H. RAKESH KUMAR, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.5: - The Court made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR VW{IT PETITION No.36731 of 2024 ORDER: Heard Sri.P.Raia Sripathi Rao, learned senior counsel appearing for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Stamps and Registrations appearing for respondent Nos.1 to 4. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed secking thc follbwing Prayer:- "to declnre tlrc inaction of Respondent Nos.2 to 4 in not receiaing the sale certificate dated 16.09.2024 issued in respect of agiculture lands admeasuring Ac.107.38 Ys Gts in Sy Nos.279, 280, 281, 290/AA, 290/18, 291/18,291, 290/1A, 291/2A, 290/1,291/1, 311, 238,239, 275/4, 276, 279 of Mittapally Villnge, Siddipet Mandal, Metuk District, presently Siddipet District, Telangann, as illegaL and nrbitrary nnd rc against to tlu prouisions o.f Registration Act 1908 and t'.onsequently clirect tlrc Respondent No.2 to 4 to receipe the sale certifcate dated 76.09.2024 inter alin issued in respect of agicultttre lnnds ndmeasuring Ac.101.38 % Gts in Sy Nos. 279, 280, 281, 290/AA, 290/18, 291/18, 2e1, 290/1A, 2912A, 290/1, 291/1, j1-1, 238, 2j9, 275/4, 276, 279 of Mittnpnlly Village, Siddipet Mandal, Medak District, presently Siddipet District, Telnngana nnd mutate tlu names of the Petitioner in the reuenue records ns against to the afore mentioned Sun,ey numbers."

3. Brief facts rising to file this writ petition are that one M/s.Arch Pharma Labs Limited, had borrowed loan for an amount of Rs.3,552 crores from various banks/financial institutions and when the said borrower has de{aulted in payment of the credit facilities, the banks/ f inancial institutions initiated proceedings under the Securitisation and Reconstruction of Financial Assets i5 ) 2 and EnJorcement of Security Interest Act, 2002 (5a of 2002) (for short, the SARFAESI Act) and assigned the debt to the respondent No.5._ JM Financial Asset Rcconstruction Company India Limitetl. Thcreafter, respondcnt No.5 by following due proccdure contemplated under the SARI AESI Act 2002, invited bids for auction of the agriculture ranrrs admeasuring Ac.101.3g % Gts in sy Nos 279, 280, 287, 290 / AA, 290 / 78, 2st / 7E., 291, 2g0 / 1 A, 291 / 2 A, 290 / 1, 29-l/7,317,238,239,275/4,276,279 of MittapaLly Village, Sitidiper Mandal, Medak District, presently Siddipet District, Telangana. The petitioner had participated in the s,rid auction and was decrared as highest biddcrs v'ith a total bid amount of Rs.50,01,00,000/ -.

4. Learnetl senior counsel appearing for the petitioncr r.t ourd subrnits trrat petitioner hacl pairl thc entire bid amount ancl thereafter rcsponcrent No.5 issued sale certificatc dated 16.09.2024 wirh respect to the surrject propcrty. Thereaftcr, thc I)etirio,er c:n 25.-ro.2024, og.12.2024 ancl 1-T.12.2024 made representations boforo respondent Nos.2 and 4 and requested the authorities to register the sale ccrtificated dated 16.09.2024. However, resp.ndent Nos.2 to 4 are not receiving thc sale certificate and not registering the sanre. Aggrieved by the samc, this writ petition is filed.

5. Though various grounds are raised in the writ petition, learnecl senior would restricts his prayer seeking a direction to respondent authorities to dispose the petitioncr.'s representatio.,, ,u,", 25 .L0.2024, 0.).72.2024 and

13.72.2024, in a time bound period ancl further pray this Court to direct the J respondent authorities not to make any changes in the revenue records till the disposal of the petitioner's representation.

6. Learned Government Pleader appearing for respondents submits that if the petitioner's representations dated 25.70.2024, 09.-1.2-2024 and 13.122024 are still pending for consideration; the respondent authorities may be directed to dispose of the said representations and pass appropriate orders in accordance with law.

7. Recording the submission made by learned counsel appearing on either side, this writ petition is disposed of directing the respondent authorities to dispose the petitioner's rcPrescntations datcd 25.10.2024, Og|122024 and 13.1.2.2024 and pass aPpropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of copy of this ordcr and communicate the samc to thc petitioner. It is made clear that till the disposal of the petitioner's representation, the respondent authorities are directed not to make any effect or changes in revenue records with respect of the subiect ProPerty.

8. Accordingly this writ Petition disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY'/ sd/- P. Ch. NAGABHUSHAMBA STRAR ASSISTAN S N OFFICER \ o, 1 The Principal Secretary Revenue, State of Telangana' Secretariat' Hyderabad I[:,X]*?P."j"3?t'?1#,i,:9:"#'9",.:^?'l$":11tsji."';'333i['i3]i'llfl Hydera5ad, Telangana 500001 2 *7 ,/

3. The District Registrar, Siddipet District' Siddipet' Telangana 4. The Mandal Revenue Officer cum Sub-Registrar' Siddipet Urban' Siddipet' Telangana One CC to SRI RAGHAVENDRA P ' Advocate [OPUC] trffi s a nd Re g i st rati o n' H is h U,! "ru5"t#,['Yfi ]a "95,,t% 5 6 t IH fS:,i% 7. Two CD CoPies MP 6 ,/ I I I HIGH COURT DATED:0710112025 rlE i- i... (i 1 I :) (-) 0 9 ]A!,l 2U5 (r. '( 7_ a t t) _- I --2? ORDER WP.No.36731 ot 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS