Ch. Ventatesham Vs The State of Telangana

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

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TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 3891 OF 2025

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Between:

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CH. Ventatesham, S/o Late Laxmi Narsaiah, Aged about 70 years, Occ. Business, Fl/o 3-3-83, Patelpura, Siddipeta Town and 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 to Government ( Stamps and Registration Dept.), Secretariat, Hyderabad.

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The Secretary to Government, Stamps and Registration Department (Appellate Authority Chit Fund Act)

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M/s Shriram Chits Pvt. Ltd., Rep. by its Branch Manager, Ameerpet Branch, Ameerpet, Hyderabad.

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The Deputy Registrar, Registrar of Chits Arbitrator, Hyderabad (South) Yerragadda.

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Ch. Kishore Kumar, S/o Ch. Venketeshvam, Aged about 40 years, Occ. Business, R/o 3-3-83, Patelpura, Siddipeta Town and District.

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Y. Hanumanthu, S/o Y. Nagabhushanam, Aged about 68 years, Occ. Business, Rl,/o H. No. 6-1-4711, Malakondaiah Road Sircilla Town and District.

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P. Narsing Rao, S/o P. Dharma Rao, Aged about 65 years, Occ. Retd Teacher No 19-6211 , Prashant Nagar, Siddipet Town and District.

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B. N. Mahipal, S/o Pentaiah, Aged about 50 years, Occ. Govt Employee, Rl/o 1- 1-8/95, Sivapuri Colony, Sadasivapet Village and Mandal Sanga Reddy District.

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Y Naresh, S/o Y Hanumanthu, Aged about 45 years, Occ. Business, Rl/o Banda lingampally, Yellareddy, Sircilla District.

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...RES'ONDENTS

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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 a Writ Order or Direction more Particularly in the Nature of MANDAMUS Declaring the action of respondents 1 and 2 in not taking up the Appeal Filed by the petitioner on 211212024 and disposing of the same filed Under Section 70 of Chit Funds And Lotteries Act 2008 R/w Rules 58 and 59 of Chit Fund Rules 2008 as being lllegal, Arbitrary, Capricious, Malafide, amounts to dereliction of duties, Contrary to Section 70 of Chit Funds and Lotteries Act, and

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Rules made there under, consequently direct the^.l st and 2nd respondent to number the Appeal and dispose of the same at an earliest.

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lA NO: 1 OF 2025

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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^'1 and 2 to take up the Appeal filed by the petitioner on 2t1212024 on record and dispose of the same at an earliest.

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Counsel for the Petitioner: SRI M.MEHDI HUSSAIN Counsel for the Respondent Nos.1,2 & 4: GP FOR STAMPS AND REGISTRATION

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Counsel forthe Respondent Nos.3,5 TO 9: --

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The Court made the following: ORDER

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I I

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.3891 of 2025

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ORDER

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Heard learned counsel for the petitioners and learned Assistant Covernment Pleader for Stamps and Registrations appearing for respondcnt Nos-l, 2 and 4. With their consent, the writ petition is being taken up for disposal at thc admlssion stage itsclf

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This writ petition has been filed seeking the following prayer:-

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"lo issue a Writ Order or Direction more Particularly in the Nature of' MANDAMUS Declaring the aclion of respondents I and 2 in not taking up the Appeal Filed by the petitioner on 2/12/2024 and disposing of the same Jiled Under Section 70 of Chit Funds And Lotteries Act, 2008 rAt Rules 58 and 59 of Chit Fund Rules, 2008 as being lllegal Arbitrary Cupriciotrs Malafide amounts to dereliction of duties Contrary lo Scction 70 of Chit Funds and Lotteries Act and Rules made there under consequently, direct the l" and 2d respondents to number the Appeal and dispose of the same at an earliest ."

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Facts rising to file this writ petition are that the petitioner has preferretl an appeal Under Section 70 of the Chit Fund and Lotteries Act against thc Order dated 19.09.2023 in ABR/CF No.224 of 2013 passed by the 4th responclcnt/The Deputy Registrar, Registrar of Chits Arbitrator, Hyderabacl (South), Yerragadda, pending in the office of 2"d responclent. The petitioner was thc first obiector in the award and now has preferred the appeal on 02.72.2024 which has been acknowledged by the appellate authority

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Learned counsel for the petitioner submits that though the appeal was filccl on 02.1,2.2024 it was not numbered and has not take up for hearing. In

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I I

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2

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this view of the matter, Iearned counsel for the petitioner has reshicted his prayer seeking a direction to respondent No.2 to numbc'r the Appeal preferred by him and expedite hearing of the said appeal and pass order in a time bound period.

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Learned Assistant Government pleader and leamed counsel appearing fbr respondents did not dispute the same and submits that the respondent No.2 may be cjirected to allot the number to the appeal preferred by the petitioner and dispose of the said appeal and pass appropriate orders in accordance with law

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In view of the submissions made by learned counsel appe;ring on either side and without expressing any opinion on the merits of the case, this writ petition is crisposed of directing the respondent No.2 to alrot number to the appear preferred bv the petitioner against the order dated 1g.0g.2023 in ABR/CF No.224 of 2013 passed by the 4trr respondent and expedite the hearing of the appeal ancl dispose the petitioner's Appear after giving a fair opportunity of hearing to the parties, and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of two (02) months from the date of receipt of copy of this order.

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7 Accordingly this writ petition rs disposed of. Miscellaneous applications, if any pending, shall stand closed No order as to costs_

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SD/- T. CHANDRA SEKHAR REDDY AS TANT REGISTRAR //TRUE COPYII To SECTION OFFICER I g:,.:#iJ[ff.'"7fl:?'3,"",:'"?+:ElL!;::,r'andResistrationDept.),

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cN'r

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The Secretary to Government, Stamps and Registration^Department (Aooellate Authoritv Chit Fund Act)

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tfiei Oeputy Registiar, Registrar of^{Chits Arbitrator, Hyderabad (South)} Yerragadda.

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one ec to sRl M.MEHDI HUSSAIN,^Advocate [oPUc] 5. Two CCs to GP FOR STAIUPS AND REGISTRATION,^{High Courtfor the} State of Telangana, at Hyderabad. [OUT]

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