KHATIGHAR SHANKAR RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following reliefs:

(2.) The brief facts of the case that are necessary for disposal of the writ petition are stated hereunder:

(3.) A counter affidavit has been filed by the respondent No.9 deposing on behalf of himself and also on behalf of respondent Nos.5, 6, 7, 11 and 13. It is stated that M/s. Silamkot Finance Private Limited company was struck off from register of companies. The said company does not exist as on date. The petitioners herein do not have any right to maintain the present writ petition alleging that the subject property belongs to the said company. It is the case of the respondents that the property admeasuring Ac.1-38 gts in Sy.No.773/A of Kandi Village and Mandal was sold by M/s. Silamkot Finance Company under registered Sale Deed Document No.13104/2004 dtd. 29/11/2004 in favour of Nagari Suryaprakash and two others, who in turn, sold the same to respondent No.10 and others under a registered Sale Deed dtd. 9/3/2005 bearing document No.2654/2005. It is further stated that a Partition Deed dtd. 8/11/2006 vide document No.25990/2006 was executed between the vendees under the said Document No.2654/2005 dividing the property admeasuring Ac.1-38 gts by metes and bounds into four equal shares allotting each share of Ac.0-19.5 guntas to each of the parties therein. Thereafter Smt. Indumathi executed a Gift Deed dtd. 24/9/2015 in respect of her share of Ac.0-19.5 guntas in favour of respondent No.9 vide document No.17325/2015. It is further stated that the said company has instituted a suit vide OS No.337/2006 on the file of Senior Civil Judge, Sangareddy, against the Respondent Nos.5, 6, 10, 11, 12 and 13 and others, seeking to declare the partition deed dtd. 8/11/2006 bearing Document No.25990/2006, as null and void and for setting aside the Sale Deed dtd. 29/11/2004 bearing Document No.13104/2004, and also the Sale Deed dtd. 9/3/2005 bearing document No.2654/2005. The said suit was dismissed vide Judgment and decree dtd. 2/6/2016. Challenging the same, an appeal was filed vide AS No.81/2018 on the file of District Court, Sangareddy and the same is pending. It is stated that no interim orders were granted in the said appeal. It is further stated that while the things stood thus, though the company is struck off from the register of Companies, the petitioners have been sending antisocial elements to disturb the peaceful possession and enjoyment of respondents over the subject property. It is further stated that in the process of grabbing the property, the petitioners approached the electricity department and applied for electricity connection. Questioning the granting of power supply connection, the respondent Nos.9, 10, 13 and 14 filed Writ Petition No.2164 of 2021 on the file of this Court and this Court vide order dtd. 4/3/2022 disposed of the said writ petition directing the electricity department to pass necessary orders for disconnecting the power supply connection obtained by the petitioners illegally. It is the specific case of the respondents that petitioners with a malafide intention on one pretext or other, are frequently interfering with the peaceful possession of the respondents and keeping the said motive have filed the present writ petition. The present writ petition filed by the petitioners is devoid of merits and the same is liable to be dismissed in limine.