HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

I.A.No. OF 2022

IN

W.P.No. 15642 OF 2022

Between:

Smt. Potel Shyamala ...Petitioner/

Implead Petitioner

AND

Sri Rajesh Tirualaraju ...Respondent/

Writ Petitioner

The Government of Telangana, rep.by

Principal Secretary and others …Respondents/
Respondents

AFFIDAVIT

I, Smt. Potel Shyamala, W/o. Potel Dhanveer Yadav, aged

about 38 years, Occ: Business, R/o. H.No. 16-11-511/B/20,

Shalivahana Nagar, Dilsukhnagar, Hyderabad, do hereby solemnly

affirm and state on oath as follows:-

1. I submit that I am the deponent herein and as such I am well

acquainted with the facts of the case.

2. I submit that the above writ of Certiorari to queash/set aside

the impugned order passed in Case No. D1/39/2020, dt. 15.06.2021

by the Special Tribunal, Mahabubnagar District and to suspend the

order of the Revenue Divisional Officer in proceedings No.

B/1541/2017, dt. -12.2017 and this Hon’ble Court behind back of

the petitioner by the 1st respondent by concealing the true facts

before this Hon'ble Court and without making me as party

respondent though I am having the ownership rights, title, interest

and possession on the subject land before filing of the writ petition

and for obtaining the interim order.

3. I submit that when the writ petition aggrieved by the orders of

the Revenue Divisional Officer in proceedings No. B/1541/2017, dt.

-12.2017 has questioned before the Special Tribunal order and how

can he seek interim relief questioning the orders of the Revenue

Divisional Officer before this Hon’ble Court and which is not at all

permissible either on facts or in law.

4. I submit that the entire reading of the writ affidavit filed by

the writ petitioner/respondent No.1 challenging the orders passed by

the District Special Tribunal, Mahabubnagar District at

Mahabubnagar in case No. D1/39/2020, dated: 15-06-2021

confirming the orders dt. 19.10.2019 in Case No. B/ROR/307/2019

passed by Revenue Divisional Officer, Mahabubnagar thereby

setting aside the mutation orders in the Proceedings No.B/1514/2017

dated -12-2017 of Tahsildar, Balanagar Mandal, Mahabubnagar

District is pleaded and respectfully submit that the said relief is not

available to the writ petitioner either on facts or in law.

5. I submit that I had purchased the land in Sy.No. 355 to an

extent of Ac-5-00 Gts and also adjacent land in Sy.No. 355 to an

extent of Ac.0-20 Gts and land in Survey No. 356 to an extent of

Ac 3-20 Gts i.e. the total extent of Ac 9-00 Gts situated at

Mothighanpur Village and Grampanchayat, Banalanagar Mandal,

Mahabubnagar District through 6th respondent in the writ petition for

valuable sale consideration through registered sale deed bearing

document No. 67 of 2020, dt. 21.11.2020 and I am in possession and

enjoyment of the subject property and I have also obtained pattedar

pass books and title deeds in respect of the subject land. I submit

that the registration of the sale deed in favour of the petitioner is a

notice to the writ petitioner and the entire world as per section -3 of

the Transfer of Property Act and the settled law of the Hon’ble

Supreme Court on this issue. I submit that the writ petitioner/1st

respondent knowing fully well that the 6th respondent had alienated

the property in my favour suppressed the said fact and mislead this

Hon’ble Court to obtain the impugned orders from this Hon’ble

Court behind my back without making me as party to the said writ

petition.

6. I submit that the petitioner cannot seek the indulgence of this

Honourable court that too by invoking extra ordinary jurisdiction of

this Honourable Court under Article 226 of the Constitution of India.

I submit that the writ petitioner has not got any title on the 6th

respondent land as the Deed of Mortgage by conditional Sale No.

7690/2013, dtated 07.07.2013 had become inoperative as the 6th

respondent had paid the entire amount to the writ petitioner and the

writ petitioner cannot be permitted to play fraud on this Hon'ble

Court and also against this petitioner. I submit that the writ

petitioner had suppressed the facts and to somehow usurp the

property of the 6th respondent had obtained fraudulent proceedings

No. B/1514/2017 dated -12-2017 from Tahsildar, Balanagar

Mandal, Mahabubnagar District and by approaching the Tahsilar

after 3 years that too on in operative and untenable document

inspite of receipt of the total debt amount by issuing the receipt to

the said amount from the 6th respondent.

7. I submit that claiming through the said inoperative document

is not only illegal, unlawful and fraudulent and it is unenforceable

document either on facts or in law. I submit that basing upon such

unenforceable document the writ petitioner cannot seek the writ

relief against this petitioner land after knowing that the subject land

was already transferred in favour of this petitioner as this

Honourable Court would certainly condemn and deprecate such

illegal, unlawful and fraudulent acts.

8. I submit that the writ petitioner had committed fraud against

this petitioner and also against the revenue authorities and before

this Hon'ble Court hence fraud vitiates such proceedings. I submit

that the writ petitioner on which document filed the present writ

petition is an inoperative document and the writ petitioner have no

factual or legal base to file the writ petition.

9. I submit that through the ineffective document the writ petitioner

had obtained mutation order from the Tahsildar, which is the subject

matter of the writ petition.

10. I submit that the writ petitioner had misrepresented the facts

and trials to mislead this Hon’ble Court by filing false affidavit on

oath. I submit that the writ petitioner had committed perjury before

this Hon’ble Court. I submit that the writ petitioner deserves to be

punished for committing fraud and perjury. I submit that this

Hon’ble Court may be pleased to deprecate the illegal, unlawful,

malafide acts of committing fraud and perjury. I submit that this

Hon’ble Court may be pleased to initiate perjury proceedings against

the writ petitioner in order to keep the majesty of this Hon’ble Court

that too by making false, baseless, fraudulent acts of claiming

through inoperative and untenable document and the writ petitioner

is not entitled for any relief before this Hon’ble Court not only the

writ relief asked before this Hon’ble Court either on facts or in law.

11. I submit that the writ petitioner had applied before the

Tahsildar, Balanagar Mandal and got mutated his name in File No.

B/1541/2017 by playing fraud and showing the void Deed of

Mortgage by conditional Sale No. 7690/2013, dated 07.07.2013 as

sale deed and which document cannot be treated as a sale as the

relation between the petitioner and the 6th respondent is creditor,

debtor relationship and the writ petitioner is not having any right,
title or claim over the property of this petitioner now in view of the

payment of the entire debt. I submit that the writ petitioner got

mutated his name by playing fraud before the Tahsildar, which is

nullity in the eye of law. I submit that the writ petitioner illegally

pressed the mortgage deed suppressing the receipt on entire loan

amount.

12. I submit that the Revenue Divisional Officer had rightly

concluded that the Tahsildar had issued proceedings without

verifying the documents and that the Deed of Mortgage by

conditional sale cannot be treated as sale and set aside the order of

the Tahsildar.

13. I submit that the Special Tribunal after verifying the

documents has rightly concluded writ petitioner has not got any

right, title or interest over the subject property of this petitioner and

dismissed the revision by confirming the order of the Revenue

Divisional Officer.

14. I submit that the Deed of Mortgage by conditional sale

becomes unenforceable document attract and attract to Section

58(c) of Transfer of Property

15. I submit that as the document which the petitioner is claiming

is unenforceable document as per clause -2 of the said document

and there is no need for the 6th respondent to approach the civil

court. I submit that the writ petitioner cannot continue parallel

proceedings in respect of the same property before the civil court in

the year 2019 and again resort to filing of the writ petition is a

misuse and abuse of the process of law and the writ petitioner is not

entitled for the relief either before the civil court and this Hon'ble

Court.

16. I submit that the Deed of Mortgage by conditional sale

become unenforceable document now in view of the suit bearing

O.S.No. 100 of 2019 filed by the writ petition before the Senior Civil

Judge, Mahaboobnagar, which is pending.

17. I submit that the Hon’ble Special Tribunal rightly concluded

by dismissing the revision filed by the writ petitioner after verifying

the documents and written submissions. I submit that the writ

petitioner after receiving the entire debt amount from the 6th

respondent with connivance with the then Tahsildar had mutated his

name by playing fraud before the revenue authority alleging that

Deed of Mortgage by conditional sale as sale deed and obtained

fraudulent proceedings from the Tahsildar, which were rightly set

aside the Revenue Divisional Officer and affirmed by the Speicial

Tribunal and the writ petitioner has played fraud before the revenue

authorities and filing the writ petition before this Hon’ble Court,

which has to be deprecated by this Hon’ble Court by dismissing writ

petition.

18. I submit that alleging the registered Deed of Mortgage by

conditional sale as sale deed by the writ petitioner that too after

payment of the receipt of the total amount from the 6th respondent

and brought into existence as sale by committing fraud, which

document is unenforceable now in law and that the document do not

create any right, title or interest to the writ petitioner or anybody who

are resorting to fraudulent actions taking law into their hands

illegally, high handedly or malafidely.

19. I submit that the Deed of Mortgage by Conditional Sale

become unenforceable document now on 05.08.2018 and alleging

the said document as sale deed is a nullity in the eye of law.

20. I submit that the writ petitioner can not rely or urge before

this Hon’ble Court that he has rights on the subject property when
the ownership, lawful physical uninterrupted possession is with the

petitioner and bonafide purchaser of the subject land through

registered sale deed and when once there was already transfer the

writ petitioner is not entitled to question the Special Tribunal orders

before this Hon’ble Court and the said order is not binding on this

implead petitioner.

21. I submit that in view of said factual scenario and in law the so

called claim of the writ petitioner is untenable and unsustainable

claim on the basis of Mortgage deed by conditional sale after

receiving the total amount from the 6th respondent and that too after

filing the Civil Suit, which is pending for adjudication.

22. I submit that the very approach of the petitioner before this

Hon’ble Court by filing false sworn affidavit in support of the writ

Petition by resorting to false deposition on oath contrary to facts and

law is a perjury committed before this Hon’ble Court and making

false and fraudulent claim now that too through Deed of Mortgage

by conditional sale that this Hon’ble Court may not extend any

relief/ reliefs to such unscrupulous litigants who are continuously

misleading the Hon’ble Court, misleading the authorities of the

Government from time to time.

 It is therefore prayed that this Hon'ble Court may be Pleased to

permit the petitioner to implead in writ petition No.15642 of 2021

as respondent No. 7 as well as in I.A’s as it is affecting the valuable

rights, interest and possession of the petitioner and pass such other

order or orders may deem fit and proper in the circumstances of the

case.

Last Page Corss.... Deponent

Sworn and Signed in my presence

on this day of 05.09.2022

at HYDERABAD.

ADVOCATE :: HYDERABAD

(ATTESTOR)

VERIFICATION

I, Smt. Potel Shyamala W/o. Sri P.Dhanveer Yadav, being the

petitioner/ person acquainted with the facts do hereby verify and
state that the contents of the above paras of the Affidavit are true and
correct to the best of my knowledge. Hence verified at
HYDERABAD on this the day of 05.09.2022

Advocate Deponent
 IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

W.P.NO. 15642 OF 2021

BETWEEN:

Sri Rajesh Tirumalaraju …Petitioner

And

The Government of Telangana, rep.by

Principal Secretary and others …Respondents

RUNNING INDEX

Sl. Date of Page

Date of
Description of Document filing of
No. Document No.
Document

Counter Petition and 18.04.202 18.04.202

1.
Affidavit 2 2

18.04.202 18.04.202
2. Counter Affidavit
2 2

Copy of Order in I.A.No. 1

3. of 2021 in W.P.No. 15642 13.07.2021 -do-
of 2021

Copy of sale deed bearing 21.11.2020

4. -do-
67 of 2020

5. Copy of Agreement of Sale 15.02.2021 -do-

Copy of order in Crl.P.No. 05.07.2021

6. -do-
4866 and 4867 of 2021
 Copy of Judgement
7. reported in 2021 (9) SCC 13.08.2021 -do-
45

DATE: 18.04.2022

HYDERABAD Counsel for respondent No.6