Disposed

Sri Puvvala Anil Kumar Kishen v. The State of Telangana

Telangana HC13 Aug 2024WP/15686/2024

Case brief

AI extract

What is this about?

The High Court disposed of four writ petitions challenging the Sub-Registrar's refusal to register sale deeds for land under a prohibition order. Relying on a respondent's counter-affidavit stating that the sale deeds were never presented for registration, the Court directed the Sub-Registrar to examine the documents and pass appropriate orders without determining the legality of the prohibition.

What did the court decide?

Directed respondent No. 3 to examine the documents presented by the petitioners and pass appropriate orders in accordance with the provisions of the Act and the Rules.

Sri Puvvala Anil Kumar Kishen Vs The State of… — Writ and Judicial Review | Telangana HC (2024)

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i i I I I I i I i I I i i

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

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TUESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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WRIT PETITION NOS: { 5680 15686 1 7264 AND 17278 0F 2024

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wP NO.'t5680 0F 2024:

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Between:

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Smt. Sri-Harika [1sh91, W{o.]ashrith Lagadapati, Aged about 31 years, Occ. Housewife, Fl/o. Plot No.41B, Road No.18,Jubiiee Hiili, Hyderabad, fetangani_ 500033.

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AND

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...PETITIONER

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1 The State of Telangana, Rep. by its Secretary, Stamps and Registration Department, At Secretariat, Hyderabad.

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2 The District Registrar, Stamps and Registration Department, Ranga Reddy District.

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3 The Sub-Registrar, SRO Shamshabad,

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Petition under Arlicte 226 of the Constitution of tndia ,,ri;[tilr","fll3 circumstances stated in the affidavit filed therewith, the High court may be pleased to grant an order, direction or writ, more so in the nalure of f\Iandamus, declaring the action of the Respondents more particularly the 3rd Respondent in refusing to register the documents presented by the petitioner in respect of the land bearing Open Plot with House No.6-83/19/35/9 admeasuring 3194 Sq. yards or 3670.18 Sq. Meters, plinth area 600 sft. with RCC Roof in Survey No.19/35 situated at Ammapally Village, Narkhoda Gram Panchayath, Shamshabad Mandal, Ranga Reddy District, on the ground of issuance of Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District, as illegal, arbitrary, unjust, unconstitutional violation of principles of natural justice and also contrary to the provisions of the Registration Act, 1908 and also consequenfly, direct the 3rd Respondent to receive, register and release the documents presented by the Petitioner in respect of the land bearing open plot with House No.6-g3 tlgt3stg admeasuring 3194 Sq. Yards or 3670.18 Sq. Meters, plinth area 600 sft. with RCC Roof in Survey No.19/35 situated at Ammapally Village, Narkhoda Gram

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Panchayath, Shamshabad^{tvlandal,Ranga Reddy Districtwithoul referringto the} Notification dated 26.09.2013 issued^{by the Districtcollector,Ranga Reddy District,} the interesl of^justice

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^{praying that in the circumstances statedin} the affidavit filed in support^{of the petition, the High Court may be pleasedto direct} the 3rd Respondent to^{receive, registerand release the documents presentedby the} Petitioner in respect of the^{land bearing Open Plot withHouseNo.6-83/19/35/9} admeasuring 3194 Sq.^{Yards or 3670.18 Sq. Meters, plinth area 600 sft. with RCC} Roof in Survey No.19/35 situated at^{Ammapally Village,NarkhodaGram} Panchayath, Shamshabad Mandal,^{Ranga Reddy District withoul: referringto the} Notification dated 26.09.2013 issued by the^{District Collector, Ranga Reddy District,} pending disposal oI this writ petition, in the interest of^justice

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WP NO: 15686 OF 2024

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Between:

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Sri Puwala Anil Kumar Kishen, S/o Late P.M. Kishen, Aged about 63^years, Occ.Business, Rlio. Plot No.418, Road No.1 8, Jubilee llills, Hyderabad, Telanga na-5000 3 3.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Secretary,^{Stampsand Registration} Department, At Secretarlat, Hyderabad.

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ThA District Registrar, Stamps and Registration^{Department, Ranga Reddy} District.

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The Sub-Registrar. SRO Shamshabad,^{Ranga ReddyDistrict.}

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...RESpoNDENrs Petition under Article 226 of the Constitution of^{lndiaprrrying that in the} circumstances stated in the affidavit^{filed therewith, the High Courtmaybe pleased} to grant an order, direction or^{writ, more so in the natureof Mandanrus, declaring the} action of the Respondents more^{particularlythe 3rdRespondentin refusingto} register the documents^presented by the^{Petitionerin respectof the landbearing} Open Plot with House^{No.6-83/19/35/8admeasuring 3124 Sq. Yards or 361 1.6 Sq.} Meters, plinth area 600 sft. with RCC Roofⁱⁿ Survey No.19/35^{Partsituatedat} Ammapally Village, Narkhoda Gram^Panchayath, Shamshabad Mandal,^Ranga Reddy District, on the ground of issuance of Notification dated 26.Cr9.2013 issued by the District Collector, Ranga Reddy District, as illegal,^rarbitrary, unjust, unconstitutio nal, violation of^principles of natural^justice and als,l contrary to the

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I I I I I i

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provisions of the Registration Act, 1908 and also^{consequently,direct the 3rd} Respondent lo receive, register^{and release the documentspresentedby the} Petitioner in respect of the^{landbearingopen Plot withHouse No.64311913518} admeasuring 3.124 Sq.^{Yards or 3611.6 Sq. Meters, plinth area 600 sft. with RCC} Roof in Survey No.19/35^{Partsituatedat Ammapally Village, NarkhodaGram} Panchayath, Shamshabad^{Mandal,Ranga Reddy Districtwithout referringto the} Notification dated 26.09.2013^{issuedby the District Collector, Ranga Reddy District'} the interest of iustice

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lA NO: 1 OF 2024

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Petition under Section 151^{CPC praying that in thecircumstancesstatedin} the affidavit filed^{in support of the petition,the High court maybe pleased to direct} the 3rd Respondent to^{receive, registerand release the documents presentedby the} Petitioner in respect of the^{land bearing Open Plot withHouse No-6-83/19/35/8} admeasuring 3124 Sq.^{Yards or 3611.6 Sq. Meters, plinth area 600 sft. with RCC} Roof in Survey^No.1 9/35^{Partsituatedat Ammapally Village, NarkhodaGram} Panchayath, shamshabad^{Mandal,Ranga Reddy Districtwithoutreferringto lhe} Notification dated 26.09.2013^{issued by the Districtcollector, Ranga ReddyDistrict,} pending disposal of this writ^petition,in the^{interestof justice}

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WP NO: 17264 OF 2024

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Between:

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Sri Puvvala Anil Kumar Kishen,,^{S/o. LateP'M. Kishen, Aged about63 years,} Occ Business, Fl/o. Plot^{No.418,Road No.18, JubileeHills,Hyderabad,} Telanga na-500033...pETrroNER

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AND

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The State of Telangana,, Rep.^{by its Secretary, Stamps andReg} istration Department, At Secretariat,^Hyderabad.

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Th6 District Registrar,, Stamps^{and Registration-} . .

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The Sub-Regis[rar,, SRO^{Shamshabad, Ranga Reddy District'}

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RESPONDENTS Petition under Article 226 of^{the constitutionof lndia praying that in the} circumstances staled in the^{affidavitfiled therewith,the HighCourt may be pleased} to grant an order, direction^{or writ, more so in the nature of Mandamus, declaringthe} action of the Respondents^{moreparticularlythe 3rdRespondentin refusingto} register the documents^{presented by the Petit'ronerin respectof land in open Plot} admeasuring 1573Sq.^{Yards or 1315.02Sq. Meters,in Survey No-19/35 Part}

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situated at Ammapally Village, Narkhoda Gram Panchayath, Sharrshabad Mandal, Ranga Reddy District, on the ground of issuance of Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District, as illegal, arbitrary, unjust, unconstitutional, violation of^principles of natural^justice and also contrary to the provisions of the Registration Act, 1908 and also consequentlv, direct the 3rd Respondent to receive, register and release the documents^presented by the Petitioner in respecl of the land in Open Plot admeasuring¹ 573Sq. Yards or 131 5.02 Sq. Meters, in Survey No.19/35 Part situated at Ammapally Village, Narkhoda Gram Panchayath, Shamshabad fvlandal, Ranga Reddy District withoul. referring to the Notification daled 2610912013 issued by the District Collector, Rangla Reddy District, the interest of^justice

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lA NO: 1 OF 2024

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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 lrleased To direct the 3rd Respondent to receive, register and release the documents^presented by the Petitioner in respect of land in Open Plot admeasuring 1573Sq.^/ards or 1315.02 Sq. Meters, in Survey No.19/35 Part situated at Ammapally Village, Narkhoda Gram Panchayath, Shamshabad Mandal, Ranga Reddy District withoul. referring to the Notification dated 26/09/2013 issued by the District Collector, Ranga Reddy District, pending disposal of this writ petitron, in the interest of justice

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WP NO: 17278 OF 2024

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Between:

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Sri Puwala Abhinav Kishen,, S/o. Puvvala Anil Kumar Kisher, Aged about 33 years, Occ. Business, Rt/o. Plot No.418, Road No.18, Jubilee Hills, Hyderabad, Telangana-500033 ...pETrroNER

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AND

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1 The State of Telangana,, Rep. by its Secretary, Stamps and Rergistration Department, At Secretariat, Hyderabad.

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2 The District Registrar,, Stamps and Registration Department, Flanga Reddy District.

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3 The Sub-Registrar,, SRO Shamshabad, Ranga Reddy r'r,r,",.

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...*a"poNDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in the nature of Mandanrus, declaring the action of the Respondents more partrcularly the 3rd Respondent in refusing to

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register the documents^{presented by the Petitioner in respect of the landbearing} Open Plot with House No.6-83/19/35/9/1^{admeasuring 2818 Sq. Yards or 2355.8Sq'} Meters, Plinth area 600 sft.^{with RCC Roof in surveyNo.19/35 situatedat} Ammapally Village, Narkhoda^{GramPanchayath, Shamshabad Mandal,Ranga} Reddy District, on the^ground of issuance^{of Notification dated 26.09.2013 issuedby} the District Collector,^{Ranga Reddy District, as illegal, arbitrary,unjust,} unconstitutional, violation^{of principlesof natural justice and alsocontraryto the} provisions of^'the Registration Act,¹ 908^{and alsoconsequently,direct the 3rd} Respondent to receive, register^{and releasethe documents presented by the} Petitioner in respect of the^{land bearing Open Plot withHouseNo.6-83 1191351911} admeasuring 2818 Sq.^{Yardsor 2355.8 Sq. Meters, Plinth area 600 sft. with RCC} Roof in Survey^No.1 9/35^situated at^{Ammapally Village, NarkhodaGram} Panchayath, shamshabad^{Mandal, Ranga Reddy District,without referring to the} Notificauon dated 26.09.2013^{issuedby the Districtcollector,Ranga ReddyDistrict,} the interest of^justice

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lA NO: 1 OF 2024

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Petition under Section^{151 CPC praying that in the circumstancesstatedin} the affidavit filed in support^{of the petition,the High court may be pleased to direct} the 3rd Respondenl^{to receive, registerand release the documents presentedby the} Petitioner in respect of the^{land bearingOpen Plot with HouseNo.6-831191351911} admeasuring 2818^{Sq. Yards or 2355.8 Sq. Meters, Plinth area 600 sft. with RCC} Roof in Survey^No.1 9/35^{situated at Ammapally Village, NarkhodaGram} Panchayath, shamshabad^{lvlandal, Ranga Reddy District,without referringto the} Notification dated 26.09.2013^{issued by the District Collector, Ranga Reddy District'} pending disposal of this writ^petition,in the^{interest of justice and pass} Counsel for the Petitioner:^{SRI ROHITPOGULA} (ln all the Writ Petitions)

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Counsel for Respondents:^{GP FOR STAMPSAND REGISTRATION} (ln all the Writ Petitions)

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The Court made the following:^{COMMON ORDER}

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY W.P.Nos.1568O, 15686, 17264 and, L7278 of 2O24

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COMMON ORDER:

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All the four writ petitions are irled praying this Court to declare the action of respondent No.3 in refusing to register tht: documents presented by the petitiorrers in respect of the land in Sy.No.19/35 situated at Amrnapally Village, Narkhoda Gram Panchayat, Shamshabad llandal, Ranga Reddy District, on the ground of issuance of Notification dated 26.O9.2013 issued by the District Collector, Ranga Reddy District as illegal, arbitrary, unjust and violative of the principles of natural justi<:e and contrary to t he provisions of the Registration Act, 1!)08 (ior short "the Act") and consequently prayed this Coun to direct respor-rdent No.3 to receive, register and release the documents Dresented by the petitioners without referring ro the notification, dated 26.O9.2OL3.

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Since the issue involved in all these writ petitions is one and the same, the same are being disposed of bv rhi" common ord er

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)

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I I ! I

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CVBR, J wp. I56t0, t56E6, t'124 and ljZTB 2024

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The facts of W.p.No.15680 of 2024, which is taken as the lead case, are set out as follows:_

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The case of the petitioner is that one Rajapet Vinod Kumar is the absolute owner and possessor of land bearing open plot house No .6_83 / 19 / 35 / 9 admeasuring 3 194 square yards in Sy.No.19l3S situated at Ammapally Village, Narkhoda Gram panchayat, Shzrmshabad Mandal, Ranga Reddy District. It is the further case of the petitioner that the said Rajapet Vinod Kumar inte,ded to sel the land for his personal necessities and the petitioner has agreed to purchase the said property for valid sale consideration. It is the further case of the petitioner that when she approached respondent No.3 for registration of the subject property, he has not entertained the said sale deed stating that the subject properrv q.as listed in prohibited property list maintained under Scction 22-A of the Act. It is the further case ol the pcritioner that respondent No.3 is conferred with thc poiver to register and entertain the sale deeds presented under the provisions of the Act and does

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CVBR. J Wp_15680, 15686,1'724 and t'i2'ty 2024

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not have any power to decide the validity or otherwise of the contents of the documents except to raise an objection if the property is listed under the prohibited propertF list by passing an order under Section 71-A of the Act.

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LearrLed Assistant Government pleader for Stamps and Registration appearing for the respondents, relying upon paragraph No.4 of the counter_affidavit, har; stated that the pe titioner has not presented the sale dee<l before respondenI No.3 and therefore, the question of refusing to receive the sale deed does not arise.

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In view of the speci{ic statement made by the respondenrs in their counter-affidavit that the petitic,ners in all the u'rit peritions have not presented the sa-le deels, this Court, u.ithout expressing any opinion on the validity or otheru isc rtf the documents being presented by the petitioners in all these writ petitions, deems it appropriate to dispose of all these u'rit petitions directing respondent No-3 to examine the documents presented t,y the

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CVBR, J wp _^{15660, I56E6, t724} and llzt\ Z0Z4

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I i

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petrtloners and pass appropriate orders in accordarce with

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the provisions of the Act and the Rules made thereunder.

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7 With the above observations, all the writ petitions are

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disposed of. There shall be no order as to costs

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8 As a sequel, miscellaneous petitions pending, if any,

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shall stand closed.

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SD/.A.V.S.PRASAD ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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To,

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1 The District Registrar, Stamps and Registration Department, Ranga Reddy District.

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2 The S^{b-Re_g istrar, S RO Shamshabad,

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3 9n" 99^{to SriRohitpoguta Advocate} [OeUCJ 4 Two CCs to GP For Stamps And Regidtration',Uign Court for the State of

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Telangana. [OUTI

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Two CD Copies^-

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DATED: 1310812024

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COMMON ORDER

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WP NOS: 15680, 15686, 17264 AND 17278 AF 2024

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DISPOSING OF THE WRIT PETITIONS

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WITHOUT COSTS

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I^ca(q4' h* af<sup>'

Sri Puvvala Anil Kumar Kishen v. The State of Telangana

Case brief

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Sri Puvvala Anil Kumar Kishen v. The State of Telangana

Case brief

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