Smt Meghavath Saritha v. The State of Telangana
Court: High Court for State of Telangana
Bench: SHAMEEM AKTHER
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-28. Smt Meghavath Saritha v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF DECEIMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR, JUSTICE SHAMEEM AKTHER WRIT pETtTtON NO: 23325 OF 2020 Between: s. mt lvleghavath Saritha. wio lvleghavath Rayamar D/o sapavath Jeeva. aoed about 3^2 years. occ Housewife. hr. n. rrto. -i_ioi)r7, - ' r;k;;;;. ,;;l $i ftrr"# Nagar Colony, Hayathnagar lVandal, RR District ... PETITIONER AND 1. The State of Telanoana,. Rep. by its Principal Secretary, Revenue Depadment, Secretariat Buirdin{, _ Htilei;[a;1 2. The Tahsildar, Yac-har5m Mandal, RR District Telangana 3. Sapavath Jeeva, S/o Late Sapavath Ram;i, iged aU5ut SS years, Occ. Auto Driver. and Aqricurture, F/o piot No. 126, in;ap'ur - virtage. An'rrrrr. rir"rr"i tria"noar, RR District. 4. Sapavath Panthu, s/o sapavath Seetha, aged about 55 years, occ. Aqricurture 5. sapavath rhavu, S/o Sapavath seetha, ag;d aboui+-s-vt',-*ilo#[. yi;;ii;r".
R/o I\,4anthon Goud Village, yacharam tVa"nOat, nn Disti. ct. 6. Sa. pavath W/o l_-ate_ Sapavath lqdma ShinGi. aged about 33 vears. -i-urkrv"rpi,'niiotiirli" Occ. Labourer, R/o ptot No. 1 4g,Surdshnagar cotony, ... RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High colrt mr"y u" pr"r. "o to issue a writ, order or direction more particurarry one in the nature of writ of lvandamus declaring the action of the Respondent No. 2 seeking this Honble court j9 stop sare registrations in Sy. No. 1de1s. . undertaking 98, 99 iituated at l\,4anthon Goud Village, Yacharam Ir,4andar, RR District, state of rerangana. Under the new Revenue Act 2020, besides pendency of the civir Suit vide os tto. solzozo, dated 12. 03. 2020, on the file of Jr.
civil Judge at lbrahimpatnam, RR District, for suit for partition and separate possession and permanent injunction and for declaration to ogglgre that the Registered sare Deed bearing Document Nos. 47212oos and 47212005 dated 03. 02. 2005 are nuil and void not binding on the praintifi i. e. Petitjoner herein is illegal, arbitrary, voilative principles natu-ral justice'unJ uiainst the Article 14, 16, 19, 21 and 300(4) constrtution "oire. t of lndia una the. respondent No. 2 stop any kind of registrations over the suit "on. "q*nlty schedure prJp". ti". until the adjudication before the Hon'ble court vide oS No. 9612020' dated 12. 03. 2020 on the tile of the Jr. civir Judge, RR District, state of rerangana. lA NO: 1 OF 2020 Petition under section 1s1 cpc praying that in the crrcumstances stated in the affidavit filed in support of the petition, trre-Higr, court may be pleased 1o oirect the respondent No. 2 to maintain the status quo unlir dispose oi t p"nJing civit suit vide oS No.
96/2020 dated 12. 03. 2020 on the file of the Jr. civil Judge Rft " District, State of Tela nga na. Counsel for the Petitioner:SRl. J. RAGHURAM Counsel for the Respondent Nos. 1 & 2: AGp FOR REVENUE Counsel for the Respondent Nos. 3 to 6: The Court made the following: THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No. 23325 of 2O2O ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made: ".. ^to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 2 seeking this Hon'ble court orders to stop undertaking sale registrations in Sy. No'98, 99 situated it Manthon Goud village, Yacharam Mandal, R,R,District, state of Telangana, under the new Revenue Act, 2020 besides pendency of the Civil suit vide o. s. trto,gol zozo dated 12. o3'2020 0n the file of lr' civil Judge at lbrahimpatnam, R'R.
District for suit for partition and separate possession and permanent iniunction and for deciaration to declare that the Registered Sale Deed bearing Document Nos. 472l2OOs and 47312005 dated o3. o2. roo5 are null and void not binding on the plaintiff i. e Petitioner herein is illegal, arbitraryf voilative principles of natural and against the Article 14. iustice io, ig, 21 and 3oo-A constitution of India and consequently direct the respondent No'2 stop any kind of registrations over the suit schedule properties until the adludication before the Hon'ble Court vide o. s. l. to. gol zozo dated 12. o3. 2020 on the file of Jr. civil Jud9e, R. R. District. State of Telangana and pass such other order or orders... " 2. Heard the arguments oF learned counsel for the petitloner and the learned Assistant Government Pleader for Revenue appearing for respondent Nos. l and 2 and perused the record' 3.
The tearned counsel for the petitioner would submit that the petitioner herein has filed a suit in O. S. No. 96 of 2020 on'the flle of lunior Civil Judge, at lbrahimpatnam, against the unofficial respondents herein, seeking partition and separate possession and for permanent injunction and also to declare that the registered sale deeds bearing document Nos. 472l2005 and 473/2005 dated 03. 02. 2005 as null and void and not binding on the plaintiff i. e, petitioner herein. However, during the pendency of the said suit, the unofficial respondents, without having any manner of right, title or interest are trying to alienate the subject lands. Therefore,. the petitioners prays this Court to direct the respondent No. 2 not to undertake any kind of registrations in respect of lands in Sy. Nos. 98 and 99 situated at N4anthan Goud Village, Yacharam Mandal, Ranga Reddy District, till disposal oF the said suit and ultimately prayed to allow the Writ Petition as prayed for. 4.
Admittedly, the suit in O. S. No. 96 of 2020 filed by the petitioner is pending on the file oF Junior Civil Judge, at Ibrahimpatnam. In the given circumstances of the case, the petitioner has to obtain prohibitory order in the said suit i. e, restraining the unofficial respondents from alienating the suit schedule lands. The relief sought by the petitioner cannot be adjudicated/answered in this petition filed under Article 226 of Constitution of India. Therefore, the writ petition is devoid of merits and is liable to be dismissed. However, the petitioner is entitled tc work out the remedies available under law, 5. With the above observations, this Writ Petition is dism issed. No costs. Miscellaneous petitions, if any, pending shall stand closed. SD/-CH. VENKATESWARU LU ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. J, Raghuram, Advocate IOPUC] 2. fwo CCs to GP for Revenue, High Court for the State of Telangana. [OUT] 3, Two CD Copies.
tr+ HIGH COURT DATED:2811212020 kte S TA ? € '.. o i 2021 D 1t i "t$. u L )t :/ _/ ! : ORDER WP. No. 23325 ot 2020 Dismissing the WP Without costs. ,44',, I b
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