Allowed

Manda Buchamma v. The State of Telangana

Telangana HC20 Apr 2022WP/17003/2022

Case brief

AI extract

What is this about?

The High Court of Telangana allowed a writ petition challenging the inaction of the District Scheduled Caste Finance Corporation Limited in releasing mortgage deeds. Relying on prior orders, the Court directed the respondent to release the deeds and issue a clearance letter for land loans that had been waived by the Government.

What did the court decide?

Direction to release mortgage deeds/bonds to petitioners and issue a clearance letter to the District Registrar. Pending applications closed. No order as to costs.

Manda Buchamma Vs The State of Telangana — Property and Title | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 17003 OF 2022

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Between:

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'1 . Manda Buchamma, Wo. Chandraiah, Aged 50 years, Occ. Agriculture, Ri/o Muddapuram Village, Valigonda Mandal, Yadadri Bhuvanagiri District.

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Medi Lalitha, W/o. Vekata Narsaiah, Aged 52^years, Occ. Agriculture,^Rl/o lVluddapuram Village, Valigonda [r.4andal, Yadadri Bhuvanagiri Distrlct.

¶9

...PETITIONERS

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AND

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The State of Telangana, rep. by its Principal Secretary, Revenue Department BRKR Bhavan, Secretariat Buildings, Hyderabad.

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The District Collector, Yadadri Bhuvanagiri Yadadri Bhuvanagiri District.

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District Scheduled Caste Finance Corporation Ltd, Rep. by its Executive Director, Yadadri Bhuvanagiri Yadadri Bhuvanagiri District.

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The District Registrar, Yadagirigutta, Yadadri Bhuvanagiri District.

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue an appropriate Writ, Order or Direction, more^particularly oneⁱⁿ the nature of Writ of N/andamus, declare the in action^{of the 3rd respondentin} releasing the mortgage deeds/bonds of^petitioners land each^{in the SurveyNo73,} 7 4 and 7311 O admeasuring Ac 2-00 Guntas Situated at^{MuddapuramVillage,} Valigonda Mandal,Yadadri Bhuvanagiri District in spite of^{the loanobtainedby the} petitioners for purchasing the said lands are waived off by the Governmentas illegal, arbitrary, unco nstitutiona I and consequently direct^{the 3rd respondentto} release the mortgage deedsibonds of the^{petitioners lands each in the Survey} No73, 74 and 73110 admeasuring Ac 2-00 Guntas^{Situated at lvluddapuram} Village, Valigonda Mandal,Yadadri Bhuvanagiri District by^{issuing clearanceletter} to Registering Authority i,e., Respondent No^4,

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lA NO: 1 OF 2022

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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 respondents to release the mortgage bonds/deeds forthwith to the petitioners by issuing clearance certificate i.e., clearance of thd loan and interest under the debt waiver Scheme in respect of the land in Sy No 73,74 and 73110 pendrng disposal of the writ petition.

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Counsel for the Petitioners: SRl. PONNAM MAHESH BABU

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Counsel for the Respondent Nos.1, 2 & 4: GP FOR REVENUE

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Counsel for the Respondent No.3: SRI.B.VARA PRASADA RAO, SC FOR DSCFC LTO

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The Court made the following: ORDER.

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-tHE I{O-'BLII SRI.IUSl'lCE r. AI}IIISIIEK REDDY WRIT PETITION No. 17003 of 2022

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ORDER:

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Heard learned counsel appearing on behalf of the petitioners and learned Goveinment Pleader for Revenue appearing on behalf of the respondent Nos.1, 2 and 4 and learned Standing Counsel appearing on behalf of the respondent No.3. With their consent, the present Writ Petition is being disposed of at the admission stage itself.

¶26

Questioning^{the inaction of the respondent No.3} - District Scheduled Caste Finance Corporation Lirnited, rep. by its Executive Director, Yadadri Bhuvanagiri, Yadadri Bhuvanagiri District, in releasing the mortgage deeds/bonds of the petitioners in respect of their lands in Survey Nos.73,⁷⁴ & 73l10 admeasuring Acs.2,00^guntas situated at^Muddapuram Village, Valigonda Mandal, Yadadri Bhuvanagiri District,ⁱⁿ spite of the loan obtained by the^petitioners for^purchasing the said lands are waived off by the Government, the^petitioners have filed the present Writ Petition.

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2 AAR, J w.P No.I7003 of 2022

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¶29

When the matter is taken up. the learned counsel^{tbr the} petitioners as well as the learned Standing Counsd^{has stated} that the sub.iect rnatter of the preseltt Writ Petition^{is covered} by the orders of this Court in Writ Petition Nos.24590^{of 2015} and 39019 of 2015 dated 13.11.2015 and 31.12.2015 respectively.

¶30

Having regard to the above, for the reasons mentionedⁱⁿ the albresaid orders of this Coult, this Writ Petition is also allowed and the respondent No.3 is directed to release fonhwith the morlgage deeds/bonds to the^petitioners in respect of the subject lands and to issue olearance letter to tl.re respondent No.4 - District Registrar, Yadagirigutta, Yadadri Bhuvanagiri District.

¶31

Miscellaneous applications, if any pending, shall stand

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closed. There shall be no order as to costs.

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SD/.I.NAGALAKSHMI DEPUTY REGISTRAR //TRUE COPY// € SECTION OFFICER

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To,

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The Principal^{Secretary, Revenue Department BRKR Bhavan' Secretariat} Buildings, State^{of Telangana'Hyderabad'}

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The District^{collector,Yadadri Bhuvanagiri, Yadadri BhuvanagiriDistrict-}

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The Executive^{Director, District Scheduledcasle Finance corporationLtd,} -' Yadadri Bhuvanagiri Yadadri Bhuvanagiri District'

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The District^{Registrar, Yadagirigutta, Yadadri Bhuvanagiri District'}

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One CC to^{SRl. PONNAM MAHESH BABU, AdvocateIOPUC]}

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One CC to^{SRl.B VARA PRASADA RAO, SC FOR DSCFC Ltd IOPUC]}

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T.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

¶42

B. Two CD CoPies

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One Spare^CoPY

GJP

HIGH COURT

DATED: 2010412022

ORDER

WP.No.17003 of 2022

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¶52

ALLOWING OF THE WP

¶53

WITHOUT COSTS

¶54

*'
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Manda Buchamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Manda Buchamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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