Allowed

Potharaju Salakka , Sala , Gunasala v. The State of Telangana

Telangana HC25 Jan 2023WP/36876/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition filed by Schedule Caste landowners against the Telangana SC Cooperative Development Corporation and others. The petitioners sought the release of mortgage deeds withheld by the Society despite loan clearance, citing a prior order in W.P.No. 33205 of 2016.

What did the court decide?

The writ petition was allowed with consent; the mortgage deeds/bonds were directed to be released to the petitioners pursuant to the legal obligation.

Potharaju Salakka , Sala , Gunasala Vs The State of… — Cooperative Societies | Telangana HC (2023)

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

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WEDNESDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 36876 OF 2022

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Between:

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Potharaju Salakka @ Sala @ Gunasala, w/o Nadipi Devanna, Aged 53 yrs, Occ- Agriculture, RYo H. No.4-90/1, Bheemsari village, Adilabad Rural Mandal, Adilabad District.

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Lade Gangu Bai, w/o Lade Yadav, Aged 54 yrs, Occ- Agriculture, Rl/o H No.4-36, Bheemsari village, Adilabad Rural Mandal, Adilabad District.

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Department of Social Welfare, Secretariat, Hyderabad

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The Telangana Scheduled Castes Co-Operative Development Corporation Ltd, Rep. by its Vice Chairman and Managing Director (FAC), Sth Floor, Damodaram Sanjeevaiah Samkshema Bhavan, Masab Tank, Hyderabad.

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The Adilabad District Scheduled Castes Service Co-Operative Society Ltd., Rep. by its Executive Director, Social Welfare Complex, Near District Court, Vidhyanagar, Adilabad.

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The Tahasildar-cum Joint Sub Registrar, Adilabad Rural mandal, Adilabad District.

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,..RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High 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 respondents in witholding and not the releasing the Mortgage Deeds/Bonds in respect of petitioners lands in Sy. No.321114 to an extent of Ac.2- 00 guntas and Sy. No.32l1/9 to an extent of Ac.02680 guntas situated at Bheemsari village, Adilabad Rural Mandal, Adilabad District, in spite of realization of the loans issued by the 3rd respondent, as illegal, arbitrary, unjust, in violation of Articles 14 and 21 of the constitution of lndia and consequently direct the 3rd respondent to release the mortgage deeds/bonds to^petitioners in respect of the above said lands.

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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 pleased direct the 3rd respondent to forthwith release the mortgage deeds/bonds to petitioners in respect of their lands in Sy. No.32l1/4 to an extent of Ac.2-00 guntas and Sy. No.3211/9 to an extent of Ac.0-2680 guntas situated at Bheemsari village, Adilabad Rural Mandal, Adilabad District pending disposal of the above writ petition in the interest of^justice.

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Counsel for the Petitioner: SRI P. LAKSHMA REDDY

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Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE

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Counsel for the Respondent No.2 & 3: Mr. SRI PRASAD RAO, SC FOR SC CO-OPERATIVE DEVELOPMENT CORPORATION LTD

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Counsel for the Respondent No.4: GP FOR STAMPS & REGISTRATION

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V"BHASKAR REDDY

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W.P.No.36875 of 2022

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ORDER:

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This writ peiition is being disposed of ot the odmission stoge wiih the consent of both porties.

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This Writ Petiiion is filed quesiioning lhe oction of the respondenis in withholding cnd not releosing the Mortgoge Deed/Bonds in respect of pelilioners' londs in Sy.No.32ll/4 to^qn extent of Ac.2-00 gunlos ond Sy.No.32ll/9 to on exlent of Ac.0-2680

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guntos situoted ot Bheemsori villoge, Adilobod Rurol Mondol, Adilobod District(briefly'subject londs' hereinofler), tn spite of reolizqtion of the loons issued by the 3ro respondent, os illegol, orbilrory, unjust, in viololion of Ariicles l4 ond 2l of the Conslitution of lndio^

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The petitioners cloim thot they ore the obsolute owners ond possessors of the subjecl londs ond lhey belong to the Schedule Cosle Community ond respondenl No.3 formuloled Lond Purchose Scheme to rehobilitote the ogriculturol lobourers by^providing them privote londs by purchosing the some from the inlending sellers Accordingly lhe subjecl londs were ollotted 1o the petitioners under

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ihe obove sord scheme introduced by respondeni No.3. Under the obove soid scheme, ihe pelilioners obtoined loon from respondent No"3 ond execuied mortgoge deeds in fovour of the respondent No.3 ond ofter cleoring loon only, lhey ore eniitle J for lhe releose of the mortgoge deeds execuled in fovour of respondenl No.3. ll is lhe cose of the petitioners thot in ihe yeor 2010, the lhen Governmenl woived the loons olong with interesl'token by formers up to Rs.1,00,000/- poyoble lo ihe respondenls ond^pelilioners ore olso one omong them. But however, even ofler^{poymenl/woiver} of lhe loon omount, the 3'd respondent illegolly ond wilhout ony ouihority on lond is withholding the mortgoge deeds. in violotion of ihe terms ond conditions specified in the sole deeds executed by the petitioners

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ln these circumstonces this Hon'ble Court ollowed W.P.No. 33205 of 2016 direcling respondent No.3 lo releose the mortgoge deeds execuled by lhe pelitioners therein of ler cleoronce of the loons

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ln terms of lhe soid order doled 10.04.2018 possed in W.P.No.33205 ol 2016 lhe present writ pelition filed by the petitioners is olso ollowed. No order os to costs.

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As o sequel, lhe miscelloneous pelilions pending, if ony,

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sholl slond closed

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SD/-A.V.S.PRASAD ASSISTANT REGISTRAR

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//TRUE COPY//

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sEcfloN otrrcen

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To, 1. The Principal Secretary, Department of Social Welfare, The State of Telangana, Secretariat, Hyderabad

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1. The Telangana Scheduled Castes Co-Operative Development Corporation Ltd, Rep. by its Vice Chairman and Managing Director (FAC), 5th Floor, Damodaram Sanjeevaiah Samkshema Bhavan, Masab Tank, Hyderabad.

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1. The Adilabad District Scheduled Castes Service Co-Operative Society Ltd., Rep. by its Executive Director, Social Welfare Complex, Near District Court, Vidhyanagar, Adilabad.

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1. The Tahasildar-cum Joint Sub Registrar, Adilabad Rural mandal, Adilabad District.

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1. One CC to SRI P. LAKSHMA REDDY, Advocate [OPUC] 6. One CC to SRI Mr. SRI PRASAD RAO, SC FOR SC CO-OPERATIVE DEVELOPMENT CORPORATION LIMITED, Advocate tOPUCI

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1. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana. [OUTJ

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1. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana. [OUT]

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1. Two CD Copies BN GJP , =/

HIGH COURT

DATED:2510112023

ORDER

WP.No.36876 of 2022

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ALLOWING THE WRIT PETITION WITHOUT COSTS

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Potharaju Salakka , Sala , Gunasala v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Potharaju Salakka , Sala , Gunasala v. The State of Telangana

Case brief

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What did the court decide?

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