Kursam Suraiah v. State of Telangana

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 MANDAMUS, declaring the action of the 03rd respondent in not concluding the proceedings in the LTR case number vide A2112022/BPD on 0210812022 filed by the petitioner as required by law and stipulated by the Government, with regard to the subject Tribal Patta land in Sy.No.437 of Nagineniprolu revenue village, Burgampahad mandal, Bhadradri Kothagudem District to an extent of Ac.2.05 gts as illegal, unconstitutional and consequently direct the respondents 2 to 3 to expeditiously conclude proceedings in LTR case number vide A2112O22/BPD on O2.O8.2O22 u/s 3(2) of LTR 1/59 as amended by regulalion 1/70 with regard to the subject tribal patta land of Nagineniprolu revenue Village, as per the directions issued by the Govemment vide Memo No. 1 1 456/ TW. LTR .1 t06 dt 28102/2008. --7 lA NO: 1 OF 2025 I I I Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 03rd respondent to immediately initiate further hearing and proceedings in LTR case number vide A2112O22/BPD on O2lO8l2O22 u/s 3(2) of LTR 1/59 as amended by regulation "l/70 with regard to the subject tribal patta land in Sy.No.437 of Nagineniprolu revenue village, Burgampahad mandal, Bhadradri Kothagudem District. Counsel for the Petitioner: SRI SODE VENKATESWARLU I Counsel for the Respondent No.'l to 3: ASST. GP FOR SOCIAL WELFARE Counsel forthe Respondent No.4: ASST. GP FOR REVENUE The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No'525 of 2O25 o RDER: Heard Sri Sode Venkateswarlu, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Social Welfare' appearing on behalf of respondent Nos'1 to 3 and learned Assistant Government Pleader for Revenue' appearing on behalf of resPondent No.4' r' 2 T ti o r praver as under: e t e " .to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 03rd respondent in not concluding the proceedings in the LTR case number vide A2L/2)22/BPD on 02/oa/2o22 filed by the petitioner as required by law and stipulated by the Government with regard to the subject Tribal Patta land in Sy' No' 437 of Nagineniprolu revenue village' Surgampahad Mandal, Bhadradri Kothagudem District to an extent of illegal. unconstitutional and Ac.2 -0 5 gts the respondents 2 to 3 to consequently expeditiously conclude proceedings in LTR case number vide A2:I2O22/BPD on 02'03'2022 uls 32 of LTR 1/59 as amended by regulation 1/70 with regard to the d irect AS 2 552WP SN, 202 5 subject tribal patta land of Nagineniprolu revenue Village as per the directions issued by the Government vide Memo No.11456/TW. LTR.1/06 dt 28/O2/2OO8 and pass...".

3. It is represented by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos. 1 to 3 that the subject issue in the present writ petition is squarely covered by the order of this Court dated

25.1L,2024 passed in W.P. No.32926 of 2024, hence, the present writ petition could be disposed of in terms of the aforesaid order.

4. This Court passed order dated 25.LL.2O24 in W.p. No. 32926 oJ 2024 and in particular, para No.S is extracted hereunder: "5. The Land Committee constituted under the Chairmanship of Sri Koneur Ranga Rao made specific recommendations before the authority pertaining to the disposal of LTR cases by Special Deputy Collectors and Agency Davisional Officers. Clause (i) to (iv) of the said Memo No.11456 /TW.LTR,I/06, dated 28.O2.2O8 is extracted hereunder: // 1 I _=.- - -) SN, :n2 J 5 525 "(i)The Spl.Dy. Collectors (TW) & Agency Divisional Officers in a time bound are directed to dispose of the LTR cas€s mannerr so as to dispose of any single case with in 6 rnonths period after its detection. Similarly the Appellate authority to dispose of all appeal cases with in a period of two months from the filing of appeals. Such a rigour requires regular holding of courts and watching of business turn out during the court sessions. (ii) Project Officers of all ITDAs and all the District Collectors are requested to review the work of Spl.Dy.Collector(TW) and Agency Divisional Officer in their lurisdiction with specific reference to the timely disposal of the LTR cases and appraise their performance' (iii) The Revenue (Ser.I) Deptt, who are dealing with the transfers and postings of Dy'Collectors in A'P'State Civil Services (Executive Branch) are, requested to fill up the vacancies of Dy.Collectors in T'W Deptt', whenever arises on top priority basis and the Spl Dy Collector (TW) once posted should not be shifted for at lease two years' (iv) The Chief Commissioner oF Land Administration' Hyderabad is requested to give training to all Dy.Collector in all Land matters including in Agency Rules, at regular interval with Refresher Courses so that they will acquire adequate knowledge to deal with the cases under LTR with specific reference to settlement Regulations in Agency Areas aM dispose of the cases promptly in a time bound manner"' (...verbatim suPPlied) 4 5, SN, J w 525 2025 Taking into consideration the submissions put forth by both the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of respondent Nos.1 to 3 and duly considering the instructions of the Government vide Memo No. 11456/TW.LTR.1/O5, dated 28.O2.2OO8, (referred to and extracted above), the writ petition is disposed of directing respondent No.3 to initiate immediate necessary action for further hearing in LTR case number vide A2L/2O22(BPD under Section 3(2) of LTR L/59 as amended by Regulation L/7O with regard to the subject tribal patta land admeasuring Ac.2.O5 guntas in Sy.No. 437 in Musalamadugu Viilage, Nagineniprolu Revenue Village, Burgampahad Mandal, Bhadradri Kothagudem District and to proceed with the hearing in accordance to law, in conformity with the principles of natural justice and pass appropriate orders deciding the subject issue within a period of eight (8) weeks from the date of receapt of a copy of this order as per the Memo No.11456,/TW.LTR.1/06, II I i To, 1 2 5 SN, 525 5 -202 dated 28.O2.2OO8, However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand cloqed. ^ I SD/.P.CH.NAGABHUSHAMBA AS STANT REGISTRAR /ffRUE COPY// SECTION OFFICER . The Secretarv to Govemment, Tribal Welfare Department, State of Telanoana. Or.g.n.RmOedfar Secretariat Buildings, Hyderabad' ftre i"roeA Officer and Adl. Aqent to the Government, I T.D.A.- Bhadraihalam, at Bhadrachalam, Bhadradri Kothagudem District' 3 4 E . ifie ASenCy Divisional Officer cum Revenue Divisional officer, Bhadrachalam Divisio"n, af Bhadrachalam, Bhadradri Kothagudem District. . ine GtisitOir, Burgampahad Mandal, Burgampahad' Bhadradri Kothagudem' . One CC to SFil SO-DE VeruXRrESwnRLU, Advocate [oPUCl . Two CCs to GP FOR SOCIAL WELFARE, High Court for the State ol b z. rwo ids to'e p fbn REVENUE, High Court for the State of Telangana' Telangana. [OUT]

8. Two CD Copies BN/BSK ?e- HIGH COURT DATED:0710112025 ORDER WP.No.525 of 2025 th e S f;i I4: /< I I \e" \ 19 r[B 2[6 t.)I !i.j.!) _,:----' DISPOSING OF THE WRIT PETITION WITHOUT COSTS t* {"\,;. lvcol'&->