Dismissed

Surya Group of Infra Developers v. The State of Telangana and 11 others

Telangana HC1 Feb 2023WP/44233/2022

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging the addition of petitioner's lands to a prohibited registration list. The Court declined to entertain the petition, directing the Sub-Registrar to act only if the underlying civil injunction order is varied or vacated.

What did the court decide?

No order as to costs. Miscellaneous petitions to be closed. Sub-Registrar to act if civil injunction is modified.

Surya Group of Infra Developers Vs The… — Civil Procedure and Limitation | Telangana HC (2023)

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[³²⁵⁶ ]

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

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WEDNESDAY, THE FIRST DAY OF^FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 44233 OF 2022

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Between:

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Surya Group of lnfra Developers, Rep by its Managing Partner, Parepally Bikshamaiah S/o Parepally Chandraiah, Aged about 61 years, Occ. Business, R/o H.No.14-102, Geetha Mandir Road, Seethaarampuram Miryalguda, Nalgonda District

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Revenue (Stamp 86 Registration) Department, Secretariat Building, Hyderabad.

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2 lnspector General of Stamps, and Registration, Department, Moazzam Jahi Market, Hyderabad.

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3 The District Collector, Ranga Reddy District

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4 The Sub-Registrar, lbrahimpatnam, Ranga Reddy District. t The Tahsildar, Yacharam Mandal, Ranga Reddy District

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6 Mangali Mallaiah alias Gaddala Mallaiah, S/o Late Kistaiah, Aged 56 Years, Occ. Ag riculture, R/o H. No. 1 -'1 74lA, Nandiwanaparthy Village, Yacharam Mandal, Ranga Reddy District

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7 Smt. Gadala Bhagyalaxmi, Wo Gadala Anatham Aged about 50 years, Occ. Housewife R/o H.No.1-162, Nandiwanaparthy Village, Yacharam Mandal, Ranga Reddy District

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Smt. Jampala Bhavani, Wo Buchaiah, Aged about 30 years, Occ. Housewife, R/o Tirumalagiri Village, Dugyala, Pedda Adisarlapally Mandal, Nalgonda District

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Smt. Bollampally Dhanalaxmi, Wo Balakrishna D/o. Mangali Mallaiah Gadala, Aged about 28 years, Occ. HouseVife, R/o H.No.2-1 10, Tulekhurd Village, Yacharam Mandal, Ranga Reddy District.

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'10.Sri. Gadala Naraiah Alias Gadala Narayana, S/o. Late Kistaiah, aged 65 years, Occ. Agriculture, R/o. H.No.1-14, Nandiwanaparthy Village, Yacharam Mandal, Range Reddy District.

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Sri. tt/angali Anantam Alias Gadala Anantham, S/0. Late Kistaiah, aged 50 years, Occ Agriculture, R/o H N0 1-162, NandiwanaparthyVillage, Yacharam Mandal, Range Reddy District.

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Sri. Mangali Ramulu Alias Gadala Ramulu, S/o. Late Kistaiah, aged about 49 years, Occ. Agrrculture, R/o. H.No.7-1-83, Sai Nagar Colony, Near Cool Storage, Bairamalguda Village, Chintalakunta, LB Nagar, Ranga Reddy District

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...RESPONDENTS

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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 an appropriate Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No.2 to 5 by including the Petitioner s Property i.e., Open land bearing Plot Nos. '1 to 98, totally admeasuring 20,061 80 Sq. yards or 16774.08 Sq. units in Survey Number 6781P, 6791P. 7 18, 7 191P, 721 lP, 7231P, 724, 7361P and 738/P situated at Nandiwanaparthy Village, Yacharam Revenue Mandal, Ranga Reddy District, in prohibition list for registration as illegal, arbitrary in violation of principles of natural^justice and in violation of Articles 14 and 21 of the Constitution of lndia and also against the equity and consequently direct the Respondents No.2 to 5 to remove the Petitioner s property mentioned supra from prohibitory list and direct the Respondent No.5 receive, process, register and return the Sale Deeds presented by the Petitioner in respect of said plots to the intending purchasers.

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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 No.2 to 5 to remove the Petitioner's property i.e., Open land bearing Plot No 1 to 98, totally admeasuring 20,061.80 sq yards or 16774.08 sq units in Survey Number 67BlP, 679lP. 718. 7'lllP, 721|P, 723/P, 724,7361P and 738/P situated at Nandiwanaparthy Village, Yacharam Revenue Mandal, Ranga Reddy District, from prohibitory list, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI MOHD NASEER UDDIN

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Counsel forthe Respondents: GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI^{SUDHEER KUMAR} WRIT PETITION No. 44233 0F 2022

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ORDER:

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Heard learned counsel for the^petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.l to 4 and learned Assistant Government Pleader for Revenue appearing for respondent No.5. 2. This Writ Petition is filed seeking a writ of Mandamus to decla-re the action of respondent Nos.2 to 5 in including the petitioner's property i.e, open iand bearing Plot Nos. I to 98, total admeasuring 20,061.80 square yards or 16774.Oa square units in Survey Nos.678/P, 679/P, 718, 719 /P, 721/P, 723/P, 724, 736/P and 738/P, situated at Nandiwanaparthy Village, Yacharam Revenue Mandal, Ranga Reddy District, in the prohibited properties list, as arbitrary and illegal.

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Respondent Nos.2 and 4 filed counter-afhdavit, wherein it is stated that one Gad,ala @ Madupa Yadamma @ Yamuna D/o Late Kistaiah filed a suit in O.S.No. 1O9 of 2022 on the lile of Court of Principal Junior Civil Judge, Ranga Reddy District at Ibrahimpatnam, against the unolficial respondents herein and other for Partition and separate possession. In the

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said suit, she also hled I.A.No.59 of 2022 in O.S.No. 109 of 2022 seeking to grant ad interim injunction order retraining the respondents therein from alienating the suit schedule properties. The learned Principal Junior Civil Judge by an order, dated 03.O3.2022 granted ad interim injunction restraining the respondents therein from alienating the suit schedule properties and the said order of injunction was communicated to the respondent-Sub Registrar.' It is further stated that after receipt of order copy, dated O3.O3 -2022, tll.e respondent-Sub Registrar included the subject properties in the prohibited properties list as per Standing Order No.219.

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It is not in dispute that the subject matter of this Writ Petition is also part of suit schedule properties in O.S.No.lO9 of 2022 to certain extent. In view of the same, the respondent-Sub Registrar cannot be found fault for including the subject properties in the prohibited properties list as per Standing Order No.219.

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In the light of the above, this Court is not inclined

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to entertain this writ petition at this stage. However, in case ad inteim injwction order granted in I.A.No.S9 of 2022 in O.S.No.1O9 of 2022 on the hle of Principal Junior Civil Judge, Ibrahimpatnam at Ranga Reddy District, is modified, varied or

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vacated by the said Court, the respondent-Sub Registrar shall take note of the same and accordingly take further steps for deletion of the subject properties from the prohibited properties list.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions, pending if any in this Writ

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Petition, shall stand closed.

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SD/.K.VEN(AIAH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The State of Telangana, Rep by its Principal Secretary, Revenue (Stamp 86 Registration) Department, Secretariat Building, Hyderabad.

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2- lnspector General of Stamps, and Registration, Departrnent, Moazzam Jahi Market, Hyderabad.

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The District Collector, Ranga Reddy District

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The Sub-Registrar, lbrahimpatnam, Ranga Reddy District.

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The Tahsildar, Yacharam Mandal, Ranga Reddy District

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One CC to SRI MOHD NASEER UDDIN, Advocate [OPUC]

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

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Two CD Copies

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HIGH COURT

DATED:01^102t2023

ORDER

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WP.No.44233 of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Surya Group of Infra Developers v. The State of Telangana and 11 others

Case brief

What is this about?

What did the court decide?

Surya Group of Infra Developers v. The State of Telangana and 11 others

Case brief

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What did the court decide?

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