✦ High Court of India · 29 Jan 2025

The High Court · 2025

Case Details High Court of India · 29 Jan 2025
Court
High Court of India
Decided
29 Jan 2025
Length
1,197 words

Acts & Sections

2. Tulluru Nagamani, Wo Srinivasa Rao, aged about 55 years, Occ: Cultivation, R/o Mallemadugu Village, Khammam Urban Mandal, Khammam District. 3. Bhukya Dhanalaxmi, Wo Prakash, aged about 44 yearc, Occ: Cultivation, R/o. Mallemadugu Village, Khammam Urban Mandal, Khammam District. 4. Varapala Samson @ Sambasiva Rao, S/o Rosaiah, aged about 47 yearc, Occ: Cultivation, R/o Mallemadugu Village, Khammam Urban Mandal, Khammam District.

5. Thottempudi Sai Ram Surya, S/o Satyam Babu, aged about 35 years, Occ. Private service, R/o. FIat No. 303, Block-1, Harivillu Apartment, Panchavati Colony, Manikonda, Puppalaguda, Hyderabad.

6. Challagundla Raghu, S/o Chinna Muthaih, aged about 62 years, Occ: Cultivation, Rl/o Mallemadugu Village, Khammam Urban Mandal, Khammam Diskict

7. Tulluru Srinivasa Rao, S/o Narayana, aged about 57 years, Occ: Cultivation, R/o Mallemadugu Village, Khammam Urban Mandal, Khammam District B. Burugu Kalpana, Wo Yesu Krupa, aged about 43 years, Occ: Cultivation, R/o Mallemadugu Village, Khammam Urban Mandal, Khammam District- L P. Suneel, S/o Rama Krishnam Raju, aged about 49 years, Occ: Cultivation, R/o Mallemadugu Village, Khammam Urban Mandal, Khammam Diskict. AND I The State of Telangana, (Revenue Department), Iep by its Principal Secretary, Secretariat, Hyderabad. 2 The District Collector and District Magistrate, Khammam District, Khammam. ...APPELLANTS/PETITION ERS _-

3. The Revenue Divisional Officer, Khammam, Khammam District. 4. The Tahsildar. Khammam Urban Mandal, Khammam, Khammam District. 5. Bhukya Shankar, S/o Bhukya Mangya, Aged: Major, R/o 1-2-56, Ramannapeta Village, Khammam Urban M'andal, khammarir District.

6. Yipparla Vinaya Rani, Wo Late Nageswara Rao, Aged: Major, R/o Raghunadapalem Village And Mandal, Khammam District. -

7. Vipparla . Suman,... S/o Lrlg Nageswara Rao, Aged: Major, Rl/o Raghunadapalem Village and Mandal,-Khammam District. -

8. Vipparla Swarop.,... S/o Latg Nageswara Rao, Aged: Major, R/o Raghunadapalem Village and Mandal,khammam District. -

9. Ch.allagundla Sharada Devi D/o Usha Rani, Aged: Major, R/o Seethampeta Village, Pinapaka Mandal. Khammam District. - l0.Vipparla Shankar Rao S/o Late Mangaiah, Aged: Major, Rl/o D.No.1-91, Buradaraghavapuram Village, Enkoor Mandal, Khammam-District. ll.Vipparla Naresh, S/o Shankar Rao, aged: Major, R:/o Buradaraghavapuram Village, Enkoor Mandal, Khammam District. l2.Dosapati- Srinu, S/o Late Dosapati Ramulu. Aged: Major, R/o Ramannapeta Village, Khammam (U) Mandal, Khammam Distiict. '13. G.addala Pichaiah, S/o Veeraiah, aged: Major, R/o Ramannapeta Village, Khammam (U) Mandal, Khammam District.

14. Nunavath Ravi, S/o S_akru, Aged: Major, Rl/o Ramannapeta Village, Khammam (U) Mandal, Khammarn District. -

15. Bhukya Rammurthy, S/o_Late Rupta, aged: Major, R/o Ramannapeta Village, Khammam (U) Mandal. Khammam Distiict.

16. Banka Venkanna, S/o Veeraiah, Aged: Major, RJo Ramannapeta Village, Khammam (U) tt/andal, Khammam Dlstrict. '17.Banka Venkataiah @.Venkaiah S/o Gopaiah, Aged: Major, Rl/o Ramannapeta Village, Khammam (U) Mandal, Khammam Distr-ict. (Respondents 5 & 12 to 17 are impleaded as per order ln lA No. 4 of 2024 daled 03-12-2024) Respondents 6 to 11 are not necessary parties in the Writ petition, as no relief is claimed against them and in the inipugned order no relief wai granted to them and as such, they are not necessiry parties in this appeal also). ...RESPONDENTS/RESPONDENTS lA NO: 1 OF 2025 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 respondents .l to 4 not to interfere with agricultural operations of I petitioners over the lands admeasuring Ac. 1 1-0g Gts in Survey No. 194, Ac. 6-08 Gts in Survey No. 195 and Ac. 10-28 Gts in Survey No. 198/'1 of Mallemadugu Village, Khammam Urban Mandal, Khammam District, in the interest of justice. Counsel for the Appellants: SRI SREENIVASA RAO VELTVELA Counsel for the Respondents No.1 to 4: SRI MURALIDHAR REDDY KATRAM, GP FOR REVENUE Counsel for the Respondent No.12 to 17: SRI N.V. ANANTHA KRISHNA The Court made the following: JUDGMENT THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HON'BLE SMT. JUSTICE RENI'KA YARA WRIT APPEAL No.l 1 1 of 2o25 I JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul) Sri Sreenivasa Rao Velivela, learned counsel for the appellants; Sri Muralidhar Reddy Katram, learned Government Pleader for Revenue, for respondent Nos. I to 4 and Sri N.V. Anantha Krishna, learned counsel for respondent Nos.s to 17. 2

3. With the consent, finally heard This Intra-Court appeal assails the order dated 17 -12.2024 passed in W.P.No. 13754 of 2024 whereby learned Single Judge while setting aside the order dated 29.10.2021 and appellate order dated O3.O5.2O24 opined that disputed questions of facts are involved and the parties have already instituted civil suits which are pending consideration. Thus, the remedy under the civil law is the proper remedy lor the appellanrs.

4. During the course of hearing, learned counsel for the parties agreed that paragraph Nos.7 and 8 of the impugned order of learned Single Judge may be modified by holding that the parties may lile ( appropriate interim application, if required and not already Iiled in the relevant civil suits for the grievances which are covered under paragraph Nos.7 and 8 and in turn, the Civil Court may be directed to decide the same expeditiously. \

5. l-earned counsel for the appellants submits that one such 2 interim application of the appellants is already pending which may be directed to be decided by the trial Court expeditiously. 6 The other side has no objection

7. In view of consensus arrived at, the Writ Appeal is disposed of with the lollowing directions:

1. The paragraph Nos.7 and B of the impugned order stand modified by reserving liberty to the parties to file appropriate civil suits/ applications, if not already filed.

11. In the event in such civil suits any interim applications are already ftled, the trial Court shall make an endeavour to decide the same within thirty days from the date of production of copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case. No costs. I Interlocutory applications, if any pending, shail also stand closed \ To, 1 2 3 4 5 6 7 B //TRUE COPY// SD/. M.MANJULA DEPUW REGI$TRAR w SECTION OFFICER -Oivisional The Principal Secretary, State of Telangana, (Revenue Department)' Secretariat. Hvderabad. ih;'Dl;i*i C6ir""io, and District Magistrate, Khammam District, Khammam fn" n"u"nu" iii; i;h;i&, Kiirrrim Urban Mandal, Khammam, Khammam District' o"L Cc:i" Snt Sneerutvnsn RAo vELlvELA, Advocate [oPUC] i'ii" cc. t" 6ni MOnnrtoHAR REDDY KATRAI\4r GP for Revenue' High Court for the State of Telangana at Hyderabad IOUTL- o"" Cc td Snt r.lv nNnruiuA KRISHNA, Advocate [oPUc] Two CD CoPies Officer, Khammam, Khammam District' MP PS o -1 HIGH COURT DATED:2910112025 ot( HE SIe 14: e 3 30 JAl\l 2025 't- 2 c t t't\pntcHF- MENT WA.No.111 of 2025 DISPOSING OF THE WRIT APPEAI WITHOUT COSTS

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