Allowed

M/s Sri Subramanyam Auto Electrical works v. The Government of A.P

Telangana HC20 Jul 2012WP/22021/2012

Case brief

AI extract

What is this about?

Court allowed a Writ Petition seeking mandamus. It directed the 4th respondent to register the petitioner's mortgage deed for Plot No. 130, prohibiting objections regarding prior government land status, while reserving the Corporation's right to enforce allotment clause conditions. The petition was decided based on a previous judgment.

What did the court decide?

Directed the 4th respondent to register the mortgage deed presented by the petitioner for Plot No. 130 of Industrial Park, Auto Nagar, Tirupathi without raising an objection regarding the land's earli

M/s Sri Subramanyam Auto Electrical works Vs The… — Property and Title | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.22021 of 2012

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ORDER:

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Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.

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This writ petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4^th respondent in not receiving and registering the mortgage deed presented by the petitioner in respect of the Plot No.130 of Industrial Park, Auto Nagar, Tirupathi pursuant to the directions of respondents 2 and 3 as illegal, arbitrary and without any authority and consequently direct the 4^th respondent not to act on the directions of respondents 2 and 3 and receive and register the mortgage deed presented by the petitioner in respect of the plot No.130 of Industrial Park, Auto Nagar, Tirupathi, and pass such other or further order or orders as deem fit and proper in the circumstances of the case.”

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When the matter is taken up, it is submitted by the learned counsel for the petitioner that similar issue was dealt with by this Court in several cases. A copy of one such case in W.P.No.4550 of 2012, which was filed by another owner in respect of the very same industrial layout, is placed on record. The said W.P.No.4550 of 2012 was allowed with certain directions. Even the learned Government Pleader for Revenue appearing for the respondents submits that the subject

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matter of this writ petition is covered by order dated 22.02.2012 passed by this Court in W.P.No.4550 of 2012.

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In view of the aforesaid submission of the learned counsel for the parties, following the order dated 22.02.2012 passed by this Court in Writ Petition No.4550 of 2012 and for the reasons recorded therein, this writ petition is allowed and the 4^th respondent is directed to register the mortgage deed to be presented by the petitioner in respect of Plot No.130 of Industrial Park, Auto Nagar, Tirupathi, without raising any objection that the said land earlier belonged to the Government. However, it shall be open to the Corporation to enforce the clauses contained in the letter of allotment, vis-à-vis the land of the petitioner.

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There shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, stand disposed of as infructuous.

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___________________ R.SUBHASH REDDY,J

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20.07.2012 v v

M/s Sri Subramanyam Auto Electrical works v. The Government of A.P

Case brief

What is this about?

What did the court decide?

M/s Sri Subramanyam Auto Electrical works v. The Government of A.P

Case brief

What is this about?

What did the court decide?

What the court decided

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