Smt. Chapala Vimala Vs The State of Telanagana

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

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THURSDAY, THE TWENTIETH 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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,j WRIT PETITION NO:4701 OF 2025^'

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Between:

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Smt. Chapala Vimala, Wo.Gopal, D/o. Late Ananthaiah, aged. 54^years, occ. Housewife, r/o. Chintalbasti, Hyderabad.

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Ellaboyina Punyavathi, Wo. Sudarshan. D/o. Late Ananthaiah, aged. 52 years, occ. Household, r/o. Dummalbasti. Khairatabad.

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Samudrala Aruna, W/o. Vasanth, D/o. Late Ananthaiah,^{aged. 47 years. occ.} Household, rlo.3-2-504, Chapal Bazar, Kachiguda. ,rO"ruOr._O..rrrlTlONERS

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AND

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1 . The State of Telanagana, Rep. by its Principal Secretary,^{Stamps and} Registration Department, Secretariat Buildings. Hyderabad.

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The District Collector and District Magistrate, Ranga Reddy^Diskict.

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The Revenue Divisional Officer, Chevella. Ranga Reddy^District.

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The Sub-Registrar cum Tahsildar, Moinabad. Registration office,^Moinabad Mandal, Sanga Reddy District.

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Avula Narender, S/o. Late Anantaiah. aged. 67^years, occ.^{Agriculture. r/o.'1-} 37, Himayat Sagar, Moinabad. Ranga Reddy District.

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Avula Satyavathi, W/o. Late Anand aged. 51^years, occ.^{Housewife,r/o.} Ranga Reddy District

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...RES'.NDENTS

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Petition under Article 226 ot the Constitution of lndia^praying thatⁱⁿ 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^particularly 4th respondent Sub-Registrar cum Tahsildar trying to receive/reg ister the document presented by the unofficial respondents 5th and 6th in connection with the suit schedule property to an extent of total Ac.1-24^gts. covered by the^{interim orders} in Survey Nos.38/AA3 to an extent of Ac:0.32^gts. and 38lNN2 to^{an extent of} Ac.0.32 gts. total measuring Ac.1-22^gts., situated at Himayathnagar^Village, Moinabad Mandal, Ranga Reddy District covered by^{the iniunction order in lA No.} 121t2022 in OS No. 43012022 dated 28-01-2025^{on the file of the Hon'ble Senior}

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Civil Judge:: Chevdlla not to alienate the property to any third party tiil until further orders, without considering the same along with the legal notice and representation dated 31/01/2025 is highly illegal, arbitrary and against principles of natural justice and also violative of Articles 14, 19,21 and 300-4 of Constitufion of lndia and consequently direct the respondents notJo entertain any document for registration presented by the sth and 6th respondents in connection with the petitioners suit schedule property in the interest of justice.

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lA NO: 1 OF 2025

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Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may 6e pleased to direct the respondents not to entertain any document for registration tr)resented by the 5th and 6th respondents in connection with the petitioners suit sr;hedule property total extent Ac.1 .24 gts., in Sy. Nos. 38/AA3 to an extent of Ac.0.32 gts., and 38lNA2 to an extent of Ac.0.32 gts., total admeasuring Ac:1.22 gts., situated at Himayathnagar Village, Moinabad Mandal, Ranga Reddy District by considering the injunction order dated 28.01.2025 in tANo.12112022 in OS No.430i2022 on the file of the Hon'ble Senior Civil Judge, Chevella, pending disprtsal of the main Writ Petition.

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Counsel for the Petitioners: SRI AJAY KUMAR MADISETTY Counsel for the Respondent Nos.1 TO 4: AGP FOR STAMPS ANO REGISTRATION

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Counsel for the Respondent Nos.S & 6: --

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The Court made the following: ORDER

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THE HONOURABLE SRI .,[,STICE N.V. SHRAVAN KUMAR Writ Petition No.47Ol of 2O2S

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ORDER:

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Heard, learned counsel for the petitioners and leamed Assistant Government Pleader for stamps and Registration appearing for respondent Nos.l to 4. With their consent this writ petition is taken up for disposal at the admission stage itself.

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This writ petition has been filed seeking the following

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prayer:-

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^to declare the action of the respondents particularlg 4tn respondent Sub-Registrar-anm-Tahsildar trying to receiue/ register the document presented bg th.e unofficial respondents Stn and 6* in connection uith tle suit scledule propertA to an ertent of total Ac.1.24 qrts., couered bg tle inteim orders in Surueg Nos.38/AA3 to an ertent of Ac 0.32 gis., and 38/A/A/2 to an extent of Ac.O.32 gts., total measuing Ac.1.22 gts., situated at Himagathnagar Village, Moinabad Mandal, Ranga Reddg Distict couered bg the injunction order in IA.No.121/2022 in OS No.43O/2022 dated 28.01.2025 on tte file of the Honble Senior Ciuit Judge, Cheuella not to alienate the propertg to ang third partg till until further^{orders, witlnut mnsidering the same along uith} the legal notice and representation dated 31/01/2025 is highlg illegal, arbitrary and agaitst princtples of nafitral justice and also uiolatiue of Articles 14, 19, 21 and 3OOA of Constitution of India and conseqtently dtrect the respondents not to entertain ang doatment for registration presented bg the 5 and 6h respondents in connectton with the petitioners suit sch.edule propertg."

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Brief facts of the writ petition are that petitioners claims

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that land admeasuring to arr extent of Ac.l.24 gts., i.e., Ac.O.32

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2

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gts., in Sy.No.3S/AA3 and Ac.O.32 gts., in Sy.No.38/A/A/2, situated at Himayathnagar Village, Moinabad Mandal, Ranga Reddy District, (hereinafter referred as .subject property) is their ancestral property and the petitioners for partition of the subject property filed OS.No.430 of 2022 along with I.A.Nc,. 121 of 2022, pending on the file of the Senior Civil Judge_Cum_VIII Additional-Chief-Judicial Magistrate Chevella, Ranga Reddy district (hereinafter referred as 'the Trial court'). Trre Trial court uide order dated 25.0g .2022 granted interim order i.e., not to elienate the subject property and thereaft er uide order dated 28.01.2025, has extended the interim order until fu.rther orders. Further case of the petitioners is that inspite of the existing interim order in respect of the subject property, respondent Nos.5 and 6 are trying to alienate the subject properfy, thus the petitioners issued legal notice and also made detail representation on 3O.01.2025 and requested respondent No.4 not to entertain any document in respect of the subject property, until finalization of the OS.No.43 O of 2022.

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Learned counsel for the petitioners would s;ubmit that inspite of the detail representation dated 30.01 .2025, the respondent No.4 is intending to register the document to be presented by the respondent Nos.5 and 6 pray this Court to

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direct the respondent No.4 to consider the petitioners representation dated 3O.01.2025 before registering any document in respect of the subject propert5r.

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Learned Government Pleader appearing for respondents submits that if the petitioners' representation dated 3O.OL.2O2S is still pending for consideration, the respondent authorities may be directed to dispose of the said representation and pass appropriate orders in accordance with law.

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In view of the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to consider the petitioners, representation dated 3O.O1.2025 and after grving fair opportunit5r of hearing to all the concerned parties, shall pass appropriate orders strictly in accordance \Mith law and communicate the same to the petitioners.

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

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SD/- P.Ch. NAGABHUSHAMBA SI TANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To '1 . The Principal Secretary, Stamps and Registration artment, Secretariat Buildings. Hfderabad, State of Telanagana

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2 The District Collector and District Magiskate, Ranga Redd y District 3 The Revenub Divisional Officer, Ch evella. Ranga Reddy District

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4 The Sub-Registrar cum Tahsildar, Moinabad. Registration office, Nbtnabad Mandal, Sarlga Reddy District. 5 One CC to SRI AJAY KUMAR MADISETTY, Advocate [OPUC]

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6 Two CCs to GP FOR STAMPS AND REGTSTRATION, High C6urt for the State of Telangana, at Hyderabad. [OUT] 7 Two CD Copies

PSK. GJP^w

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HIGH COURT

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