Chinthamaneni Sowjnya v. The state of Telangana and10Others

Court: High Court for State of Telangana

Bench: P NAVEEN RAO

Judgment date: 2020-12-22

Case summary

High Court for State of Telangana judgment dated 2020-12-22. Chinthamaneni Sowjnya v. The state of Telangana and10Others. Read the judgment and case details...

Judgment text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF DECEIUBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P NAVEEN RAO WRIT PETITIO N NO: 21138 OF 2020 Between: Krishna aged. Chinthamaneni SowjnYa, W/o CH'V. Rao, 65 years, second floor, Navodaya Colony, Occ,Housewife, R/o. PIot No. 19, Yellareddiguda, HYderabad ... PETITIONER AND 1, The state of Telangana, rep. by its principal secretary for home department, Secretariat, Hyderabad colony, Beside lrilalkajigiri 2. The commissioner of Police, Rachakonda, Vayupuri Court Complex, Neredmet - 500056 Ranga 3. The District Registrar, (FAC), Registration and Stamps Department, Reddy District commissionarate , 4. The Station House officer, P. S. lbrahimpatnam, Rachakonda Ranga Reddy District years, 5. Mohammad Gouse lvloinuddin, S/o Late Khaja lr/oinuddin, Aged'68 R/o. H. Noo. 9-4-87lA/B, Toll Chowki, Hyderabad Khaja Moinuddin, Aged. 66 years, Fl/o. H. Noo. 9- 6.

tt/ohammad Azizuddin, s/o,Late 4-B7lAlB, Toli Chowki, HYderabad 64 years, 7 lvlohammad Hafeezuddin, S/o. Late Khaja lt/oinuddin, Aged Hyderabad R/o. H. Noo. 9-4-87/A/8, Toli Chowki, 62 years, B Mohammad Muneeruddin, S/o. Late Khaja l\/oinuddin, Aged R/o. H. Noo. 9-4-87lA/B, Toli Chowki, Hyderabad H Noo 9-o Mohammad Rafiquddin, S/o. Late Khaja lr/oinuddin, Aged. 60 years, R/o 4-B7lAlB, Toll Chowki, HYderabad '10. tvlohammad lt4azuruddin, S/o. Late Khaja IMoinuddin, Aged 58 years, R/o. H. Noo. 9-4-87lA/B, Toll Chowki, Hyderabad 11. Budidhl Sudershan Reddv, S/o. Yella Reddy, Aged. 72 years' R/o'Kappapahad District Village, lbrahimpatnam Village, Ranga Reddy ... RESPONDENTS lndia praying that in the Petition under Article 226 of the constitution of circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of mandamus, to declare the action of the respondent No.

4 in not taking action on the orders of the 3rd respondent in Lr. No. 477glc1l2020, daled 181512020 catogoricatly directed the 4th respondent to confirm whether allegations are true to the Jxtent that the Respondent No. 10 was not avaitable in lndia during the execution of sale deed No. 1115/2006, dated 30/8/2006 in favor of the 11th respondent by the impersonating as lrrlohammad tVlazuruddin fraudlently transferred my part of land to an extent of Ac. 26. 00gts out of total land to an extetn of Ac. 432-00 gts is as illegal, arbitrary, unjust and violation of principles of natural justice and violation of articles 21 and 30b-A of the Constitution of lndia and consequently direct the Respondent Nos. and 2 and 4 to take necessary action on the orders of the 3rd respondent in Lr. No. 4779lG 1 I 2020, dated 1 8 I 5 I 2020.

lA NO: 1 OF 2020 in the Petition under Section 151 cPC praying that in the circumstances stated pleased to pass orders petition, ifre Higf' Court may be affidavit filed in support of the the Nos. 2 and 4 to take necessary action on tortn*itrl directing ihe Respondent orders of the 3id respondent in 1r. No. 4779 lG1t2O2O, dated 18/5/2020 pending disposal of the main Writ Petition. Counsel for the Petitioner:SRl. PULLA RAO YELLANKI Counsel for the Respondent Nos. 1,2 & 4: AGP FOR HOME CounselfortheRespondentNo. 3:GPFORSTAMPS&REGISTRATION Counsel for the Respondent Nos' 5 to 1 1 : The Court made the following: ') HONOURABLE SRI JUSTICE P,NAVEEN RAO WRIT PDTITION No. 211 38 of2O2O . ORDER: Heard learned counsel for petitioner and learned Assistant Government Pleader for Home. 2. Petitioner claims to be having dispute with reference to the land to an exten! of Ac. 432-00 guntas in survey No. 139-13, 137- 166 of Kappapahad village, Ibrahimpatnam.

According to petitioner, she purchased the total extent of land from Khaja Moinuddin and his sons through agreement of sale dated 02. 1 1. 1998 and on the same day possession was delivered. After death of Khaja Moinuddin, persons named in paragraph No. 4 of the affidavit filed in support of writ petition sold part of that land i. e. Ac. 26-00 guntas to Budidhi Sudershan Reddy through registered sale deed dated 30. 08. 2006 registered in the Sub- Registrar, SRO, Ibrahimpatnamm by impersonating one Mohd. Mazuruddin and aflixing his photos on the form and finger prints of him. At the time of alleged registration, said Mazuruddin was living in United States of America (U. S. A. ) and same was confirmed by his brother. To work out her further remedies, petitioner claimed to have represenred to the Districr Registrar to furnish details of registration and also informed the District Registrar that there was impersonation and fraudulent transaction vuas made and elicited information from him.

The District Registrar in turn addressed a letter to the Station House Officer, Ibrahimpatnam to find out as to whether Mohd. Mazuruddin was living in U. S. A. on the date when the sale transaction was registered. Alleging that there was no response from the police on . J the letter written by the District Registrar on 18. 05'2020, this writ petition is filed. 3. Without entering into the claim of the petitioner and the District allegations of impersonation, pima it is seen that facie, Station Officer, Registrar seeks information from the House person by name Mohd. Mazuruddin Ibrahimpatnam as to whether was actually living in U. S. A. or was in India when registration formalities were completed. Said information cannot be available with local poiice, more particularly when no crime was registered and there was no occasion for the police to investigate on the aspect. Said information may be available only with the Ministry of External Affairs, Government of India. 4.

Since the request made to the District Registrar itself is not valid, this Court cannot grant Mandamus directing the Station House Officer ol Ibrahimpatnam Police Station to furnish information. This writ petition is misconceived. 5. Accordingly, the writ petition is dismissed. However, it is made clear that this order does not come in the way of petitioner Iiling appropriate appiication before the competent authority to elicit information on the issue of travel particulars of Mohd. Mazuruddin. Pending miscellaneous petitions, if any, shall stand closed. SD/-L. LAKSHMI BABU ASSISTANT REG RAR //TRUE COPY// SECTION OFFICER To, 'l. ThestationHouseOfficer,P. s. lbrahimpatnam,RachakondaCommissionarate' Ranoa Reddv District z. cjne-Cc to Sii. Putla Rao Yeltanki Advo-cate to-lucl 5. i;; cc. iJ cp ior Home, Hlsh co,t for tha statebf Telangana'-[oUT] . of ;. i;; 66i io t" cF tor stamp-s & Registration, High Court for the State Telangana. (OUT) 5. Two CD CoPies. Ptu fr-.

' HIGH COURT DATED:2211212020 \ 3 i $e S TA 14, 1 ORDER ( WP. No. 21138 ol 2020 o 5 AN 2021 o 0 J a . L * t . SPAT C :3- Dismissing the WP qsv Scopial )1 b\ l\,-4 \"^

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