High Court · 2025

Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particular in the nature of Writ of Mandamus declaring the proceedings LTR Case.No.112014lKmpl dated 2'l .08.2015 issued by the Sth Respondent as illegal, arbitrary, and without jurisdiction and in violation of Articles 14 and 3004 of the Constitution of lndia, and in violation of Agency Laws, more particularly, Regulation I of 1970 and in violation of principles of natural justice, and consequently direct set aside the proceedings LTR Case.No.112014lKmpl dated 21.08.20'15 issued by the 5th Respondent and direct the Respondents not to interfere with the possession and occupation of the Petitioner in Sy.No.1 2614A in Lingala Village, Kamepalli fvlandal, Khammam district to an extent of Ac.1 .10 guntas l.A. NO: 2 OF 201s(WPMP. NO: 37841 OF 2015) 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 suspend the proceedings LTR Case No. 1/20'14lKmpl dated 21-08-2015 issued by the sth Respondent and further direct the Respondent Nos. 1 to 5 not to take any coercive steps or in any way interfere with the peaceful possession and enjoyment o& land of the Petitioner in Sy.No.12614A in Lingala Village, Kamepalli l\,4andel, Khammam district to an extent of Ac.1.10 guntas l.A. NO: 1 OF 201S(WVMP. NO: 4187 OF 2015) Between:

1. The District Collector, Khammam. 2. The Project Officer, ITDA, Bhadrachaiam, Khammam District. 3. The Tahsildar/ M.R.O., Kamepalli Mandal, Khammam District, - 4. The Agency Divisional Officer, Kothagudem Division, Khammam District. AND ...PETITIONERS/RESPONDENTS

1. Smt.A.Susheelamma, W/o. Late Sri.A.Sehsagiri Rao, Rl/o.1 1-10-71913, Burhanpuram, Khammam-507001 . ...RESPONDENT/PETITIONER

2. The State of Telangana, Rep. by the Principal Secretary, Revenue, Secretariat. Hyderabad.

3. G.Bhikshamaiah, S/o. Late G.Veeraiah, resident of Kotha Lingala Village, Kamepalli Mandal, Khammam District

4. G. Setharamulu, S/o. G. Veeraiah resident of Kotha Lingala Village, Kamepalli Mandal, Khammam District

5. tVI. Sujatha, W/o. M. Bhadraiah, Rl/o.Bank Colony, Khammam Town. (Res.2 to 5 are not necessary parties) ...RESPONDENTS 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 vacate the interim orders made in W.P.M.P.No.37841 ot 201S in W.p.No.29197 ol 2O1S dated 09.09.2015 and dismiss the writ petition Counsel for the Petitioners: SRI N. ASHWANI KUMAR Counsel for the Respondent Nos.1,2 and 4: GP FOR REVENUE Counsel for the Respondent Nos.3 and 5: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.6 to 8: PULLA RAO YELLANKI The Court made the following: ORDER , I l i I l HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT P ITION No.2919 7 0F 20L5 ORDER Heard Sri N.Ashwani Kumar, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Revenue appearing on behalf of the respondent Nos.1, 2 and 4, learned Government Pleader for Social Welfare, appearing on behalf of the respondent Nos.3 and 5 and Sri Pullarao , Yellanki, learned counsel appearing on behalf of the respondent Nos.6 to 8.

2. The oetitioner aooroached the Court seekinq oraver as u nder "... to issue an appropriate writ or order or direction more particular in the nature of "Writ of Mandamus" declaring the proceedings LTR Case No.1/2014lKmpl dated 21.08.2015 issued by the 5th Respondent as illegal, arbitrary and without jurisdiction and in violation of Articles 14 and 300A of the Constitution of India and in violation of Agency Laws, more particularly, Regulation I of 1970 and in violation of principles of natural justice, and consequently direct set aside the proceedings LTR Case No.1/2014lKmpl dated 21.08.2015 issued by the 5th Respondent and direct the Respondents not to interfere 2 , SN,J wP 29197 2015 with the possession and occupation of the petitioner in Sy.No.126144 in Lingala Village, Kamepalli Mandat, Khammam district to an extent of Ac.1.10 guntas and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

3. The case of the petitioner, in brief, is that the petitioner is the absolute owner and possessor of the land to an extent of Ac.1.10 guntas in Sy.No.126lAA of Lingala Village, Kamepalli Mandal, Khammam District, having purchased the same from Respondent No.B through a registered sale deed dated 06.05.1969. The Respondent No.5 passed impugned order dated 21.08.2015 vide LTR Case No.1/2014lKmpl directing eviction of the petitioner, disbelieving the sale deed. Aggrieved by the same, the petitioner filed the present writ petition. l I I

4. This Court vide its order dated 09.09.2015, passed interim orders in W.P.M.P. No.37841 of 2O15 in favour of the Detitioner and the same is extracted hereunder: "Learned Government Pleader seeks time to get instructions for respondents 1to 5. Issue notice to respondents 6 to 8. 3 SN,J \.P 29197 20t5 Learned counsel for the petitioner is permitted to take out personal notice to respondents 6 to B by RPAD and file proof of service in the Registry. There shall be status quo with regard to the possession oF the subject property admeasuring 1.10 guntas situated in Sy.No.126lAA of Lingala Village, Kamepalli Mandal, Khammam District."

5. Learned Counsel appearing on behalf of the respondents Submits that against the impugned proceedings dated 21.08'2015 issued by the respondent No.5 vide LTR Case No.U2014lKmpl, appeal lies to the Additional Agent to Government i.e., Project Officer, ITDA, Bhadrachalam and the petitioner may be permitted to avail the appropriate alternative remedy by filing the appeal before the Additional Agent to Government, Project Officer, ITDA, Bhadrachalam against the impugned proceedings dated

21.08.2015, passed by the 5th respondent.

6. Learned Assistant Government Pleader for Social Welfare submits that since disputed questions of fact cannot be gone into in writ jurisdiction the writ petition could be disposed of directing the petitioner to avail the appropriate alternative remedy available to the petitioner under the statute. SN,J wP 29197 2015 7. Learned counsel appearing on behalf of the petitioner and the 4 learned counsel appearing on behalf of respondents 6 to B do not dispute the said submission made by the learned counsel appearing on behalf of the official respondents 3 and 5. 8 Takino into consideration: a) The facts and circumstances of the case, b) The submissions made by the learned counse! appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social Welfare, appearing on behalf of the respondents, c) The interim orders of this Court dated 09.09.2015 passed in W.P.M.P.No.3784L of 2O15 and, d) The fact that the petitioner hurriedly approached the Court by filing the present writ petition without availing the opportunity of appeal under Rule 8 of the A.P. Scheduled Areas Land Transfer Rules, 1969, The writ petition is disposed of directing the petitioner to file an appeal against the impugned proceedings, dated 21.O8.2O15 issued by the 5 wP_2ere7_tJ]i respondent No.S, vide LTR Case No.l/2r/14/kmpl with an appropriate stay apptication, seeking stay of the said proceedings before the Additional Agent to Government i.e,, Project Officer, fTDA, Bhadrachalam within a period of four(4) weeks from the date of receipt of a copy of this order. Till the petitioner files the appeat before the competent authority as indicated as above within the time period as stipulated as above, the interim orders granted by this Court on O9.O9.2015 directing Status-quo to be maintained in respect of the subject property admeasuring Ac.1.IO guntas situated in Sy.No.126/AA of Lingala Vittage, Kamepalli Mandal, Khammam District, shatt remain in force. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall al so stand closed. //rRUE coPY// lR:'llo*t SD/.S. MALLIKARJUNA RAO REGTSTRAR Irv- U sEcTloN oFFlcER To, secretary' Revenue, secretariat, The state of retangana, ' IffiJ..:ffifia| 2. The Diskict Collector, Khammam. 3. The proiect Officer ltDA, Bhadiacnaiam, Khammam District. 4. The Tatisitdarl u.n o ximijprir,=r,jri'"?ri, rihlmmam District, _ 3:5i:r';r,8rK:xH:[$!#:,,Hx1T#:[5fffj;*.,,,", 7. One CC to Sri pulta L Two CCs to Gp for I Hyderabad fOUTI ' Iy8"r""?:o6tfirtftP 10. Two CD Cooies ' for Revenue' High court for the state of relansana, at

3.'" ?+ Wffi- d+r#]]ffii*ffir*-*,-q=-Ji HIGH COURT DATED:0510212025 ORDER WP.No.29197 of 2015 ( o 1HE SI.q 14. + 2 3 APfi 2025 $( z C a DEs,'ra r. r.F o t -=:J- DISPOSING THE WRIT PETITION WITHOUT COSTS o *ilt