Telangana High Court
Rekha Sharma vs The State Of Telangana on 8 August, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION NO.21673 of 2024
ORDER:
This Writ Petition is filed seeking the following relief:
"....to issue writ, order or direction more particularly one in the nature of writ of Mandamus directing respondent No.1 take the necessary action in the Appeal No.16981/2024 filed by the petitioner on 16/07/2024...."
2. Heard the learned counsel for the parties and perused the record. With the consent of learned counsel for the parties, this Writ Petition is disposed at the admission stage.
3. The case of the petitioner is that she has joined Chit Service of respondent No.3 on 19.12.2018 vide reference No.67016 and ticket No.42. It is the further case of the petitioner that she participated in the auction conducted by respondent No.3 on 19.12.2018 and stood as highest bidder agreeing to pay an amount of Rs.2,00,000/-, out of total value of Rs.5,00,000/-. It is the further case of the petitioner that on taking signatures of the guarantors, 2 CVBR,J wp_21673_2024 respondent No.3 has paid an amount of Rs.2,52,820/- towards full and final satisfaction of the chit. It is the further case of the petitioner that disputes arose between the petitioner and respondent No.3 with regard to the payment of instalments and in that regard, respondent No.3 has filed A.A.C.F.No.982 of 2021 before respondent No.2 under Sections 64 and 66A of the Chit Funds Act, 1982, seeking recovery of Rs.2,46,355/- along with the interest. It is the further case of the petitioner that relying on the statements of respondent No.3 and without taking into consideration of the amounts remitted by her, respondent No.2 has passed an award, dated 29.09.2023 stating that she is liable to pay an amount of Rs.2,46,355/- along with interest @ 18% per annum with cost of Rs.14,485/-. It is the further case of the petitioner that respondent No.3 has also filed E.P.No.491 of 2024 on the file of the V Junior Civil Judge, City Civil Court, Hyderabad seeking recovery of the decretal amount. It is the further case of the petitioner that when she came to know about the award, dated 29.09.2023 and E.P.No.491 of 2024 filed by respondent No.3, she filed an appeal vide 3 CVBR,J wp_21673_2024 No.16981 of 2024 before respondent No.1 under Section 70 of the Chit Funds Act, 1982, but no action has been taken by respondent No.1 on the said appeal.
4. In view of the same, this Court deems it appropriate to dispose of this writ petition directing respondent No.1 to dispose of the appeal vide No.16981 of 2024 filed by the petitioner, as expeditiously as possible, within a period of eight (8) weeks from today.
5. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________________ JUSTICE C.V.BHASKAR REDDY 08.08.2024 sus