Sri Veerannagari Gautham Reddy v. The State Of Telangana
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[ 32s6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 11606 OF 2021 Between:
1. Sri Veerannagari Gautham Reddy, S/o Narender Reddy Aged 50 years Occ: Business R:/o Plot No.72 Legend Chimes. Kokapet, Ranga Reddy District. Rep by his GPA holder Osman Ali Osmani s/o Ali Nizam Osmmi aged about 44 yearc H No '16-10-'t/2/A,/1 , Re road. Nlalakpet, Hyderabad.
2. Smt Veerannagari Chaitanya Reddy @ Simhadri Chaithnaya Reddy, D/o V Narender Reddy W/o Simhadri Kiran aged 48 years Rl/o 8700, Carriage Hills Road Savage MN 5578 US. Rep by his GPA holder K Ramakrishna Reddy S/o late K YadiReddy aged about 40 years r/o Flat no 303. Nath Utsav Apt Tilak Nagar, Nallakunta, Hyderabad 500044.
3. Srini's Developers, Rep by Sri Gandra Srinivas Rao S/o late G.Narsing Rao aged 47 yearc, Occ Business R/o.1-4-180/A1 Sl2. Old Alwal, Opp Layola College. B.H.E.L Colony, Secunderabad
4. Pusukuri Sri Krishna, S/o Vijaya Ranga Rao, Aged 22 Yrs Occ: Student No 1-2113, Abbapuram, Karimnagar 505 532 ...PETITIONERS AND '1 . The State of Telangana, Rep. by Principal Secretary, Revenue Department. Secretariat Buildings, Secretariat, Hyderabad.
2. The District Collector, Medchal-Malkajgiri District
3. The Commissioner and lnspector General of Registrations and Stamps., Telangana Hvderabad
4. The Commissioner, Telangana Endoments Department,Boggulakunta, Abids, Hyderabad
5. The Assistant Commissioner, Endowments Department Ranga Reddy District
6. Thashildar Cum Sub Registrar,Shameerpet Mandal lVledchal Malkajgiri District
7. Sri Seeta Rama Swamy Temple 3-35, Devara.ja lvlandal Ameerpet Mandal Medchal-Malkalgiri District ...RES'.NDENTS 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 any appropriate writ, order or direction one more particularly one in the nature of Writ of Mandamus
i)declaring the inclusion of Petitioners lands in Memo No. G112263 of 2014 dated 25-09-2014 sent Respondent No.3 to respondent No.6 as unlawful, unconstitutional and violative of petitioners constitutional rights and set aside such inclusion ii) Declare the said Memo No. G112263 of 2014 dated 25-09-2014 in so far as the petitioner's lands as ultravires endowment Act, Registration Act apart from being unconstitutional and strike down the said Memo No. G1/2263 of 2014 dated 2510912014.
iii) Declare the action of respondent No.6 in taking note of such illegal communication sent by respondent No.3 and thereby not registering and releasing the documents presented by the petitioners relating to the land presented by the petitioners in respect of land in Sy No.214lPart to an extent of Ac.0-04.132 guntas situated at Davaryamjal Village, Shameerpet Mandal, Medchal-Malkalgiri District as illegal, arbitrary, unconstitutional, ultra-vires Registration Act and set aside such action;
iv) Resultantly direct the respondent No.6 to forthwith register and release the sale deed which was presented by the petitioners and direct the respondents not to interfere with the petitioners rights in any manner lA NO: 1 OF 2021 Petition under Sr:ction 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fo(hwith regisler and release the document which was presented by the Petitioners pertaining to the land in Sy No.214lPart to an extent of Ac.0-04,132 guntas situated at Davaryamjal Village, Shameerpet Mandal, Medchal-Malkajgiri District without referen,;e to the communication of the 3rd respondent issued vide Memo No. G112263 of 2O14 dated 25-09-2014 pending disposal of the writ petition Counsel for the Petitioner: SRl.
NARESH REDDY CHINNOLLA Counsel for the Respondents No.'1,2 &6: GP FOR REVENUE Counsel for the Respondents No.4&5: GP FOR ENDOWMENTS Counsel for the Respondents No.3: cP FOR REGISTRATION AND STAMPS Counsel for the Respondents No.7: SRl. K.
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.11606 of 2O2l I ORDER:
Learned counsel for the petitioners filed a letter dated 26.12.2022 in the Registry seeking permission of this Court to withdraw the writ petition with liberty to the petitioners to file a fresh writ petition.
2.
This Court by an order dated 29.O4.2O2 1 granted interim direction as prayed for in I.A.No.l of 2O2l in W.P.No. 1 1606 of 2021. However, this Court made it clear that any registration pursuant to the said interim order is only a provisional one and the same is subject to the final result of writ petition; and that the petitioners shall not claim any equities in the event any adverse orders are passed against them and no equities would accrue to thc purchasers.
3.
In view of the fact that since the petitioners are seeking permission of this Court to withdraw the writ petition, any registration that had taken place in respect to the subject property after order, dated 29.04.2021 passed by this Court, shall stand cancelled and respondent No.6 shall take necessary consequential sl eps.
4.
Accordingly, this Writ petition is dismissed as withdrawn granting liberty as sought for by the petitioners. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ petition, shall stand closed.
SD/- K. AMMAJI ASSISTA\T REGISTRAR //TRUE COPY// \ SECNON OFFICER To,
1. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana,at Hyderabad [OUT]
2. Two CCs to GP FOR REGISTRATION AND STAMPS,H|gh Court for the State of Telangana,at Hyderabad [OUT]
3. Two CCs to GP FOR ENDOWMENTS ,High Court for the State of Telangana,at Hyderabad [OUT]
4. One CC to SRI NARESH REDDY CHINNOLLA , Advocate [OPUC]
5. One CC to SRI K. JAGAN MOHAN REDDY, SC for Endowments [OPUC]
6. Two CD copies BM GJPw
HIGH COURT DATED:3011212022 J'
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ORDER
* q t.) ,i t WP.No.11606 of 2021 DISMISSING THE WRIT PETITION WITHOUT COSTS tt cqdaw fr\'\,,