SRI P v. L. BHANU PRAKASH

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 respondent no.3 by conducting enquiry under the provisions of Andhra Pradesh (Scheduled Area) Land Transfer Regulations Act, 1959 (As amended by Act 1 of '1970) as adopted by the State of Telangana, evict the non-tribals from the land to an extent Ac. 0.05 gts in Sy.No. 23SlS ot Penuballi Revenue Village and P.enuballi Mandal, Khammam District. Counsel for the Petitioner: SRI P. V. L. BHANU PRAKASH Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following: ORDER ,l HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.2316 of 2025 ORDER Heard Sri P.V.L. Bhanu Prakash, learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Social Welfare appearing on behalf of the respondents.

2. The oe itioner a ooroach ed the Court seekinq Draver as under: "...to issue any writ order or direction more particularly one in the nature of WRIT of MANDAMUS declaring the action of the 2nd and 3'd respondent in not registering the complaint registering the complaint dated 30.12.2024, 06.01.2025 and 20.01.2025 under the provisions of Andhra Pradesh Scheduled Area Land Transfer Regulations Act, 1956 (As amended by Act 1 of t97O) as adopted by the State of Telangana as arbitrary, illegal, bad in law, violative of Article 14 and 3004 of the Constitution of India and consequently, direct the 2nd and 3'd respondents to register the complaint dated 30.L2.2O24, 06.01.2025 and 2O.O7.2O25 conduct enquiry under the provisions of Andhra Pradesh (Scheduled Area) Land Transfer 2 SN,J W,P.No.2316 of 2025 Regulations Act 1959 (As amended by Act 1 of 19-70) as adopted by the State of Telangana, further direct the 3'd respondent to evict the non-tribals from the land to an extent Ac.0.05 gts in sy.No.235/5 of Penuballi Revenue Village and Penuballi Mandal, Khammam District and pass such other or further 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 father of the petitioner purchased the land to an extent of Ac.0.05 guntas in Sy.No.235/5 of Penuballi Revenue Village and Penuballi Mandal, Khammam District from one Cheepi Seetharamaiah and due to ill-health and heart attack, the petitioner's father had passed away and taking advantage of the fact that the subject land is vacant land, a tribal named B.Venu, S/o.B.Koteswar Rao, had illegally occupied the subject land and constructed the house contrary to the LTR Regulations, 1959 (As amended by Act 1 of 1970), without having any single document and against law. The petitioner submitted detailed representations dated 30.12.2024,

06.01.2025 and 20.01.2025 to the respondent Nos.2 and 3 requesting them to take appropriate action about the illegal 3 SN,J W.P.No.2316 of 2()25 I I encroachment as per the provisions of the LTR Act, 1970, however, no action had been initiated as on date. Aggrieved by the same, the petitioner filed the present writ petition.

4. Learned Government pleader for Social Welfare appearing on behalf of the respondents submits that even as per the contents of the representations of the petitioner, the houses had been constructed and it is not a case that the petitioner approached the Court prior to the construction and further, the petitioner had not impleaded the person who encroached the petitioner's subject land, and hence, the Writ Petition could be disposed of directing the respondent Nos.2 & 3 to consider the grievance of the petitioner as put-forth vide petitioner's representation dated

30.L2.2024, 06.01.2025 and 20.01.2025 in accordance to law within a reasonable period and pass appropriate orders on merits by giving notice to all concerned. PERUSED THE RECORD. 4 sN,l W.P.No.2316 of 2025 -r ',: q

5. Takino into consideration: a) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Social Welfare appearing on behalf of the respondents, b) The contents of the representations of the petitioner dated 30.L2.2024, 06.01.2025 and 2O.O1.2025 addressed to the respondent Nos.2 and 3, The writ petition is disposed of directing the respondent Nos.2 and 3 to consider the grievance of the petitioner as put forth by the petitioner vide detailed representations 30.L2.O2O24, (J6.OL.2025 and 20.O1.2O25 addressed to the respondent Nos.2 and 3 in accordance to law in conformity with the principles of natural justice by giving an opportunity of personal hearing to the petitioner and all concerned and conduct enquiry under the provisions of Andhra Pradesh (Scheduled Area) Land Transfer Regulations Act, 1959 within a period of six (O6) weeks from the date of receipt of a copy of this order 5 SN,J W.P.No.2316 of 2025 and pass appropriate orders evicting the non-tribals from the land to an extent of Ac. 0.05 guntas tn Sy.No.23515 of Penuaballi Revenue Village and Penuballi Mandal, Khammam District. 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 closed. //TRUE COPY/i To,

1. The District Collector cum Agent to Government, SD/. L. LAKSHMI BABU ASSISTANT REGISTRAR SECTION OFFICER hammam District, Khammam. The Additional Agent to Government and Project Officer, ITDA, Bhadrachalam, Bhadradri Kothagudem Diskict. One CC to Sri P. V. L. Bhanu Prakash, Advocate [OPUC] Two CCs to GP for Social Welfare, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 2 4 5 TJ GJP \qr I 'I : I I HIGH COURT DATED:2810112025 I t ORDER WP.No.2316 of 2025 I : ./' '..Jr \ ,,'. - ,-. ; ,: -\r.. - ', \ .\- 0 5 iriA\ 2025 2'- I a; t 5 '* t o!SPAIC *eO. DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6cd Yr-n^< 6lw-