IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY ,THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

:PRESENT:

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 19631 OF 2024

Between:

Smt. Dasari Madhavi, W/o. P. Hanumanthappa Suresh

Petitioner

[ 3183 ]

AND

• 1. The State of Telangana, Rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad
• 2. The Deputy Commissioner of Police, Detective Department, Central Crime Station, Hyderabad.
• Station House Officer, Central Crime Station, Detective Department Hyderabad.
• 4. Assistant Commissioner of Police, EOW, Team-III, CCS, DD, Hyderabad.
• 5. Commissioner Inspector General for Stamps and Registration, Osmangunj Road, Hyderabad.
• 6. The Joint Sub- Registrar-II, RO. Ranga Reddy District.
• M/s. Shalimar Super Retail Private Limited, Incorporated under Companies Act, 1956, Represented by its Director, Having its registered office at 15-1-503/A/9, Ashok Market, Siddiamber Bazar, Hyderabad

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in the nature of Writ of Mandamus declaring the action of Respondent No.4 in issuing communication dated 30.01.2024, purportedly under the provisions Section 102 Cr. P.C in connection with Cr.No. 158 of 2022 on the file of 3rd Respondent herein and further directing the 6th Respondent herein to not to entertain registrations/ alienations over the property admeasuring to an extent of 1950 Sq. Yards in Plot No. 22/C, 23/C, 30C/24C (Old No. 24/C) AND 30B/114(Old No. 114) in Sy. No. 78 and 80 to 84, situated at Madhapur Village, Serlingampally Mandal, Ranga Reddy District as illegal, arbitrary, highhanded without jurisdiction, apart from being violative of article 14 and 300-A of Constitution of India and with a consequential prayer to set aside the communication vide letter dated 30.01.2024 issued by 3rd Respondent to 6th Respondent under section 102 of Cr. P.C, in connection with Cr.No. 158 of 2022 on the file of the respondent No. 3 and further direction the 6th Respondent to delete the property from prohibited property list;

IA NO: 1 OF 2024

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 Suspend the communication issued by 4th respondent vide letter dated 30.01.2024 to 6th Respondent in respect to property situated at Plot No. 22/C, 23/C, 30C/24C (Old No. 24/C) AND 30B/114(Old No. 114) admeasuring1950 Sq. Yards in Sy. No. 78 and 80 to 84, situated at Madhapur Village, Serilingampally Mandal, Ranga Reddy District, purportedly under section 102 of Cr.P.0 in connection with Cr.No. 158 of 2022 on the file of 3rd Respondent, Pending disposal of WP 19631 of 2024, on the file of the High Court.

IA NO: 2 OF 2024

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 to respondent No. 6 to receive, register and release the sale deed dated 08.07.2024in respect of Flat No. 402, 4th floor with 1770 SFT including common area and 2 car parking together with undivided share 57 Sq. yards (out of 1950 Sq. yards presented by the petitioner for registration, Pending disposal of WP 19631 of 2024, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI G KALYAN CHAKRAVARTHY Advocate for the Petitioner, GP FOR HOME for the Respondent Nos. 1 to 5, the Court made the following.

ORDER

Learned counsel for the petitioner submitted that without resorting to procedure under Section 102 of the Criminal Procedure Code, 1973, the respondent No.4 has directly addressed letter to the respondent No.6 dated 30.01.2024 requesting him not to entertain registration in respect of the property admeasuring in an extent of 1950 sq. yards in Plot No.22/C, 23/C, 30C/24C (Old No.24/C) and 30B/114 (Old No.114) in Sy.Nos.78 and 80 to 84, Madhapur Village, Serilingampally Mandal, Ranga Reddy District.

Learned counsel for the petitioner relied on a judgment of this Court in WP.No.16787 of 2021 and batch dated 25.03.2022 wherein similar communication vide Lr.No.ROR-1/1140/2109 dated 05.12.2019 was issued by the police authorities to the Sub-Registrar was set aside.

In the circumstances, there shall be interim suspension of the communication dated 30.01.2024 issued by the respondent No.4 to respondent No.6. There shall be further direction to the respondent No.6 to receive, register and release the sale deed in respect of property admeasuring in an extent of 1950 sq. yards in Plot No.22/C, 23/C, 30C/24C (Old No.24/C) and 30B/114 (Old No.114) in Sy.Nos.78 and 80 to 84, Madhapur Village, Serilingampally Mandal, Ranga Reddy District. However, the registration of the sale deed shall be subject to further orders of this Court.

List on 13.09.2024.

SD/- V. KAVITHA ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Principal Secretary, The State of Telangana, Home Department, Secretariat, Hyderabad
• 2. The Deputy Commissioner of Police, Detective Department, Central Crime Station, Hyderabad.
• Station House Officer, Central Crime Station, Detective Department Hyderabad.
• 4. Assistant Commissioner of Police, EOW, Team-III, CCS, DD, Hyderabad.
• 5. Commissioner Inspector General for Stamps and Registration, Osmangunj Road, Hyderabad.
• 6. The Joint Sub- Registrar-II, RO. Ranga Reddy District.
• The Director, M/s. Shalimar Super Retail Private Limited, Incorporated under Companies Act, 1956, Having its registered office at 15-1-503/A/9, Ashok Market, Siddiamber Bazar, Hyderabad (RR 1 to 7 by RPAD)
• 8. One CC to SRI. G KALYAN CHAKRAVARTHY Advocate [OPUC]
• 9. Two CCs to GP FOR HOME ,High Court at Hyderabad. [OUT]

10. One spare copy

HIGH COURT

BVRJ

DATED:02/08/2024

LIST ON 13.09.2024

ORDER

WP.No.19631 of 2024

DIRECTION