TH DAY OF AUGUST TWO THOUSAND AND TWESITY FIVE PRESENT THE HON'BLE SRI JUSTICE v. VENUGOPAL WRIT PETITION NO

...RES''NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of tMandamus declaring the action of the 3rd respondent in not disposing of my petitions 2010112018, 2110612019, O4lO7l2O20, 2411212021 and 30t1212021 to restore our possession in respect of Sy.t,lo.B4 heasuring Ac.5.04 gts and in Sy.No.86, Mg. Ac.5.24 gts total Ac. 10.2B gts situated at Lonkakesarm Revenue Village of Ramagiri lvlandal, Peddapalli District, morefully described in the location sketch map is illegal, arbitrary, without jurisdiction and in violation of Section 38-El2 and Section 40 of T.S. Tenancy (T.A.) and Agricultural Lands Act, 1950 and consequently direct the 3rd respondent to dispose of my petitions dt.2010112018,2110612019, O41O712020,2411212021 and 3011212021 by restoring our possession in respect of Sy.No-84 measuring Ac.5.04 gts and in Sy.No.86, Mg. Ac.5.24 gts total Ac.1O.28 gts situated at Lonkakesarm Revenue Village of Ramagiri l\/andal, Peddapalli District, morefully described in location sketch map IANO:1 OF 2022 Petition under Section 15'1 CPC praying that in the c tt: tmstances stated in the affidavit filed in support of the petition, the High Cour' nray be pleased to direct the 3rd respondent to dispose of petitioners petiti :,rrs dl.2Ol011201B, 21lOGt2O19, 04.O7.2020, 24.12.2021 and 30 12-!021 by rt:s:oring petitioners possession in respect of Sy.No.84 measuring Ac-5.04 gts arrC in Sy.No.86' lVg- Ac.5.24 gts total Ac.10.28 gts situated at Lonkakesarm :levenue Village of Ramagiri Mandal, Peddapalli District, morefully described in l:,rrtion sketch map, pending disposal of the above writ petition Counsel for the Petitioners: SRI MIRZA A|..,AZ ALI BAIG Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PE;TITION No.635 of 2022 ORDER: .Aggrieved by the action of respondent No.3 in not disposing of the petitioners' representationts dated 20.Ol.2ola, 2l.06.2OIg,

04.O7.2O2O, 24.12.2021 and 30. L2.2O2l to restore their possession in respect of land covered in Survey No.84 admeasuring Ac.5-04 guntas and in Survey No.86 admeasuring Ac.5-24 guntas, in total Ac. 10-28 guntas (herein after referred as subject land) situated at Lonkakesaram Revenue Village of Ramagiri Mandal, peddapalli District, without jurisdiction and in violation of Section 38-E/2 and Section 40 of Telangana State Tenancy & Agricultural Act (for short "the Act"), 1950, the present Writ Petition is filed. A consequential prayer is made to direct respondent No.3 to dispose of their representations .ald restore the petitioners' possession in respect of the aforesaid lands.

2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue.

3. Learned counsel for the petitioners submits that the father of the petitioner No.l claims to be the protected tenant of the subject land. The erstwhile RDO Peddapatli Division of erstwhile Karimnagar 2 District was pleased to issue protected certificate tr r'ler Section 38-E of the Act, 1950. The father of petitioner No. 1 cre clared as law{ul owner of the land mentioned under Form-II Rule 5(1) 'rf the Act, 1950. Due to employment and untimely death of brother c petitioner No.1, they are residing at Jaishankar District away from th,:ir subject lanCs'" in Lonka Kesaram Revenue Village of Ramagiri N',tandal. Taking advaltage of their absence, some third parties tre';passed in their subject lands. That being the status of the possessL.rtr of the land a]ld ownership of the father of the petitioner No.l, the 1:r:l.itioner No.1 has made a representation to respondent No.3 on 2O.(t 1 20 18, ald since no action has been taken, one more represent:tron is made on 2l.06.2019 to the office of respondent No.3. Since r.c action has been taken on the said representation, alother represe :n tation has been made on 3O.I2.2O21 to the office of the Revenue Dirr:;ional Officer (for short "RDO"), Manthani- But none of the rr::;pondents have respondents to the representations made by the 1re titioner nor any reply has been given to the representations made by t.l Le petitioners.

4. Learned courrsel for the petitioners further sul,r.rits that there is no dispute in respect of ownership of subject lancl lrertaining to the father of the petitioner, where the petitioners ha',e become lega-lly ntitled successors to the father of the petitioner, wLLc is the protected ant by virttte of 38-E certificate issued by the clli:iai respondents d relied upon the judgment passed by this C,:urt in Sada and 3 Others v. The Tahsildar, Utnoor, Adilabad District and Othersr. Irrespective of the fact that the petitioners are the legally entifled legal heirs, the respondents have not responded to any of the representations made therein, the petitioners are constrained to a?preach this Court and prayed to grant the relief as prayer.

5. Learned Assistant Government Pleader for Revenue submits that the representations of the petitioners would be looked into by the official 'respondents ard appropriate orders would be passed in accordance ,with law and also sought a direction to the petitioners to frle a representation afresh and that the respondents shall examine the same and pass appropriate orders.

6. In these circumstances and upon perusal of the material placed before this Court and upon considering the submissions of the learned counsel for the petitioners ald the learned Assistant Government Pleader for Revenue this Writ Petition is disposed of granting libert5r to the petitioners to file a fresh representation within 15 days from the date of receipt of a copy of this order and upon f,rling the same, the respondents shall examine the same and pass appropriate orders strictly in accordance with law as expeditiously as possible preferably within a period of L2 weeks from the date of submission of representation. ' t9a7 e\ ALT 749 (FB) 4

7. With the above directions, the writ petition is : isposed of. As a sequel, miscellareous applications pendi:r.,1 in this petition, if aly, shall stand closed. SD/.C.DEEPIKA S\ANT REGISTRAR \'.- ::--,-*- t " s;ICTIoN oFFIcER :,l,rngana Secretariat i To ,TRUE COPY// To, 1 The Principal Secretary Revenue Department, State Buildings, Hyderabad The District Collector, Peddapalli District The Tahsildar, _Ramagiri lvlandal, peddapalli District One CC to Sri [Vlirza Aiiaz Ali Baiq Advoirate IOpUCt Two CCs to GP For Revenue, High Court for'the Stdte of I _-langana Two CD Copies louTl 2 3 4

6. I\/BC I-IIGH COUR,T DATEE): 1910812025 10 0u 125 ) l r:,1 ORDER WP.N c.635 oI 2022 DISPOSING OF THE WFIIT PETITION WITI.IOUT COSTS \