Telangana High Court
Sri. Avula Bal Raj vs The State Of Telangana on 1 December, 2022
Bench: K.Lakshman
HON'BLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.39856 OF 2022
ORAL ORDER:
Heard Mr. Ahmed Ehtesham Kawkab, learned counsel for the
petitioner and learned Assistant Government Pleader for Revenue
appearing on behalf of the respondents.
2. According to the petitioner, he had purchased land
admeasuring Acs.1-17 guntas in Survey No.27 and Acs.1-05 guntas in
Survey No.30, situated at Siddapur Village of Kothur Mandal, the
then Mahabubnagar District, from respondent Nos.5 and 6 under an
agreement of sale dated 01.03.2006 by paying substantial sale
consideration. Since respondent Nos.5 and 6 failed to execute a
regular sale deed in favour of the petitioner by receiving balance sale
consideration, the petitioner herein had filed a suit vide O.S. No.79 of
2015 on the file of I Additional District Judge, Mahabubnagar against
them for specific performance of the said agreement of sale. The said
suit was decreed on 27.09.2019. Since respondent Nos.5 and 6 herein
failed to execute and register a sale deed within the time period
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stipulated by the said Court, the petitioner herein had filed an
Execution Petition vide E.P. No.16 of 2020.
3. According to the petitioner, while so, respondent Nos.5 and
6 had executed gift deeds in favour of their family members i.e.,
respondent Nos.7 to 10 and also a sale deed in favour of respondent
No.7 in respect of the aforesaid property, all dated 08.01.2021.
Therefore, the petitioner had filed another suit vide O.S. No.486 of
2021 to declare the aforesaid gift deeds and sale deed executed by
respondent Nos.5 and 6 in favour of respondent Nos.7 to 10 as null
and void. The said suit was also decreed on 04.07.2022.
4. Perusal of the record would reveal that on account of
creation of new Districts and Judicial Districts, E.P. No.16 of 2020
was transferred to the Court of IX Additional District Judge, Ranga
Reddy District and it was renumbered as E.P. No.1530 of 2022. The
Court has appointed the Superintendent of the said Court to execute
register a sale deed in favour of the petitioner on behalf of the Court in
the aforesaid E.P. But, the petitioner herein is not in a position to
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book a slot in Dharani Portal since the names of respondent Nos.7 to
10 are reflecting in respect of the subject land.
5. As discussed above, despite service of notice on respondent
Nos.5 to 10, none appears. The petitioner had filed a writ petition
vide W.P. No.2973 of 2021 to declare the action of official
respondents in not taking any action on the representation dated
29.01.2021 submitted by the petitioner complaining about non-
availability of Module in Dharani Portal to execute and register a sale
deed by the Court pursuant to the decree. This Court vide order dated
02.06.2021 in W.P.No.2973 of 2021, directed the Commissioner and
Inspector General of Registration and Stamps Department and the
District Collector, Ranga Reddy District, to ensure that the grievance
of the petitioner is resolved as expeditiously as possible and report
compliance of attending to the grievance of the petitioner.
Complaining the violation of the said order, the petitioner herein has
filed a Contempt Case vide C.C. No.805 of 2021, wherein it was
informed that in compliance of the directions of the Court, a provision
was made for module/option in 'Dharani' Web Portal and on
consideration of the application of the petitioner, appropriate orders
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are passed. Even then, according to the petitioner, since the names of
respondent Nos.7 to 10 are reflected in Dharani Portal in respect of the
subject land and, therefore, the petitioner is not in a position to book a
slot for the purpose of execution of a register sale deed by the Court
pursuant to the judgment and decree in O.S. No.79 of 2015.
6. In view of the above discussion, respondent No.2 - the
District Collector, Ranga Reddy District, is directed to delete the
names of respondent Nos.7 to 10 from Dharani Portal in respect of the
aforesaid lands viz., admeasuring Acs.1-17 guntas in Survey No.27
and Acs.1-05 guntas in Survey No.30, situated at Siddapur Village of
Kothur Mandal, the then Mahabubnagar District, on or before
06.12.2022, to enable the Superintendent appointed by the IX
Additional District Judge, Ranga Reddy District, to execute a register
a sale deed in favour of the petitioner pursuant to the orders passed in
E.P. No.1530 of 2022 in respect of the said property.
7. The Writ Petition is accordingly disposed of. However, in
the circumstances of the case, there shall be no order as to costs.
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As a sequel, miscellaneous petitions, if any, pending in the writ
petition shall also stand closed.
_________________
K. LAKSHMAN, J
1st December, 2022
Note: Furnish C.C. of order by
02.12.2022. (B/O.) Mgr
