✦ High Court of India · 15 Dec 2025

The High Court · 2025

Case Details High Court of India · 15 Dec 2025
Court
High Court of India
Decided
15 Dec 2025
Bench
Not available
Length
1,077 words

Mogalipuwu Srinivasa Rao, S/o. Narasimha Rao, Aged about 49 years, Occ- S.G.f. MPPS, Chandramouli Nagar, Nizampatnam Mandal, Guntur District, R:/o.H.No.6-64, Vuchavari Palem, Arepalli, Cherukupalli Mandal, Guntur ' District. Movva Padmavathi, W/o. Vijaya Babu, Aged about 54 years, Occ- S.G.T. M.P.0 P S., Etheru, Bapatla Mandal, Guntur District, Rl/o.H. No.4-9-58, Patel Nagar, 4th Lane, Bapatla, Guntur District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Cou( may be pleased to issue an appropriate writ or order more particularly one in nature of writ of MANDAMUS declaring the action of the 1st respondent in not taking the appeal a rTd stay petition for hearing filed on 12.O2.2025 atl; inst arbitration award passed in ARB/CF.No.1097 of 2025 dated 23.01.2025 by he 3ld respondent in favour of the 4th respondent herein as illegal, arbitranr and violatton of the principles of natural justice and consequently direct the 1st r :spondent to take the appeal and stay petition for hearing filed on 12.O2.2025 a(li rnst arbitration award passed in ARB/CF No 1097 of 2025 by the 3rd respondent IA NO 10 F 2025 petition under Section 151 CPC praying that in the ( i cumstances slated in the affidavit filed in support of the petition, the High Court tr 3y be pleased to stay of all further proceedings in pursuance of the award datec 13.01.2025 passed in ARB/GF.No.1097 of 2025 by the 3rd respondent including lr 3 proceedings in E.P No. 166 of 2025 on the file of the Principal Junior Civil Jt r ge at Godavarikhani, pending disposal of the writ petition Counsel for the Petitioner : SRI SESHADRI GOALLA Counsel for the Respondent Nos. 'l to 3: AGP FOR REVEI{ JE Counsel for the Respondent No. 4: SRI P. DURGA PRASI'I I Counsel for the Respondent Nos' 5 to 7 : -- The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.38352 OF 2025 Date: 15.12 .2025 Between: Vaddi Ramcharan AND ...Petitioner The State of Telangana, Rep. by its principal Secretary, Revenue Department (Registration-Il), Secretariat, Hyderabad & six others ORDER: ...Respondents Heard learned Counsel for the petitioner and learned Assistant Government pleader lor Stamps ald Registration for the ofhcial respondents and Sri p.Durga Prasad, learned Counsel for the respondent No.4 and perused the material on record. With their consent, this Writ Petition is disposed of at the stage of admission itself

2. The grievance of the petitioner in this writ petition is that in spite of filing an appeal under Section 70 of the I !-\ +!-,trr 2 SK,J W.P.Ik .38352 of 2025 Chit Funds Act, 1982 (for short, the Act, l(t \2'\, against the award Passed 1n ARB/CF.No.lO97 of l:020, dated 23.O1.2025 by the respondent No.3 before thi respondent No.1 and the same was acknowledged bl respondent No.1 aiong with an application for grant rf stay, the respondent No.1 has not initiated al-I]' action for consideration of the said statutory appeal. ! n the other hand, resPondent No.4 herein 1S execution of the award, dated 23.01.2O)5, whereby rendering the appeal filed by the pt titioner proce eding with AS infructuous. Hence, the petitioner seeks i i- dulgence of this Court to direct respondent No.1 to d rpose of the said appeal '"\.ithin a time lrame and zt so to pass appropriate orders on the stay appiicatiorl filed along with the said aPPeal g. On the other hald, learned Assistant Sovernment pleader for Stamps and Registration submitl( d that if the appeal filed by the petitioner is in order, the same would be considered by the respondents in accordar ce with law. J SK,J W.P.No.38352 of 2026 4. Taking into consideration the submissions made on either side and having taken note of the obligation on the part of respondent No.l to consider the statutory appeal filed by the petitioner, the Writ Petition is disposed of directing respondent No.1 to consider the statutory appeal [iled by the petitioner under Section 70 of the Act, 1982 against the award in ARB/CF.No. 1097 of 2O2O, dated 23.01.2025, and dispose of the same in accordance with law within a period of three (3) months from the date of receipt of a copy of this order by duly putting all the parties concerned on notice and affording an opportunity of personal hearing to them. Pending disposal of the said appeal, there shall be stay of operation of the orders passed by the respondent No.3 1n ARB/CF.No .rO97 of 2O2O, dated 23.01.2025. There shall be no order as to costs. Miscellaneous petitions, pending, if any, in this u,rit petition shall stand closed. SD/. M. NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFIC ER 1 The Principal Secretary, Revenue Department (Registration-ll)' Secretariat' inE stri" 5ir"langana, HYderabad' The Reqistrar of Chits, Government of Telangana'.0/o Commissioner and i;;.;;i"';e;;;r n"gi.tnti"i' Ino Si'mp'' M'J' trilarket' Hvderabad' 2 \ / To, 3 4 6 7 8 The Deputy legistrar of Chits/Arbitrator, District Regist ar Office, Karimnagar, Karimnagar District. Manager/Foremen, lvlargadarsi Chits Fund pvt. Ltd.., lamagundam Branch, Ramagundam, Karimnagar District. One CC to SRI SESHADRI GOALLA, Advocate IOPU: I One CC to SRI P. DURGA PRASAD, Advocate tOpUCl Two CCs to GP FOR REVENUE, High Court for $r, State of Telangana. Two CD Copies \ PVL GJP l HIGH COURT DATED:1511212025 ORDER WP.No.38352 o12025 I I .,.'"--.. fli.) i Ii ,t i' Cr I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ y0 v

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