Telangana High Court
Gajwelli. Laxmi vs The State Of Telangana on 13 August, 2025
THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION No.23818 of 2025
ORDER:
The Writ Petition is filed seeking a Writ of Mandamus declaring the action of respondent No.3 in not releasing the mortgage deeds/bonds of the petitioners lands to an extent of Ac.3.2975 guntas in Sy.Nos.71U/3, 73AA/3, 73AA/2, 71U/2, 71U/3, 73AA/3, 71AA and 544A/2 situated at Bondugula Village, Rajapet Mandal, Bhuvanagiri Division, Yadadri Bhuvanagiri District, in spite of the loans obtained by the petitioners for purchase of the said lands were waived off by respondent No.2 as confirmed by respondent No.3, as illegal and arbitrary.
2. It is represented by learned counsel for the petitioners as well as learned counsel for respondents that the issue involved in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.24590 of 2015, dated 13.11.2015. It is also further represented that this Court disposed of several writ petitions by following the said order, dated 13.11.2015 in W.P.No.24590 of 2015 and operative portion of the said order reads as under:
TMDJ wp_23818_2025 2 "One can understand the conduct of the respondents in retaining the mortgage deeds/bonds, if there are subsisting loans due by the petitioners. But, once the loans of petitioners have been waived by the State, under law, the respondents are not entitled to retain the mortgage deeds/bonds and such action whatever be its laudable objective, violates Article 14 and 300-A of the Constitution of India. Since it is not disputed that petitioners are owners of the plots allotted to them, any restraint on petitioners to sell the said lands would violate Section 11 of the Transfer of Property Act, 1882, and the petitioners are entitled to ignore any restraint on their right to alienate or encumber the land imposed by respondents. The respondents are also not entitled to retain the mortgage bonds/deeds executed by petitioners, since admittedly the loans of all petitioners have been waived by the State Government".
3. From the above, it is clear that the said writ petition was allowed declaring that respondent No.3 therein was not entitled to withhold mortgage deeds/bonds of petitioners' properties after the loans of petitioners have been waived off by respondent No.1. The Court further directed respondent No.3 therein to release mortgage deeds/bonds to the petitioners by issuing clearance certificate to respondent No.5.
4. Following the said order, dated 13.11.2015 passed in W.P.No.24590 of 2015 and for the reasons stated therein, this Writ TMDJ wp_23818_2025 3 Petition is also disposed of declaring that respondent No.3 is not entitled to withhold the mortgage deeds/bonds of the petitioners properties after the loans of the petitioners were waived by respondent No.2. The respondents No.3 & 4 are directed to forthwith release the mortgage deeds/bonds of the petitioners by issuing clearance certificate to respondent No.7-The Sub-Registrar, Yadagirigutta, Yadadri Bhuvanigiri District. There shall be no order as to costs.
5. Miscellaneous applications, if any, pending in this writ petition, shall stand closed.
_____________________________ JUSTICE T. MADHAVI DEVI Date: 13.08.2025 PRN