1. Daraboina Veerasamy v. 'l . The State of Telangana

5. Kotari Kanakaiah (died), rep by Lrs Kotari Naveen, S/o. Srinu, Aged 32 years, Fl/o. Nagupalli Village, Dammapeta Mandal, Bhadradri Kothegudem District. .....RESPONDENTS Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction, more particularly one in the nature of writ of Mandamus, is filed declaring the action of 2nd Respondent not passing appropriate order either on stay petitioner or on the appeal (CMA No.5 of 2020) itself filed on dated 25.o1 .2020 against the order of the 3rd Respondent dated 14.11.2015 vide LTR case No. 53l2019lDPT as being illegal arbitrary and violative of Articles 14, 21 and 300-4 of the constitution of lndia apart from being violative of principles of natural Justice, which is nothing but abuse of their powers and consequently, direct the 2nd Respondent to consider and dispose of the stay petition or cMA No. 5 of 2020 itself within a reasonable time and further direct to the Respondent No.4 and their subordinate staff not to dispose the petitioner s land an extent of Ac. 6-00 gts in sy. No. 1 131 situated at Nagu Palli revenue village, Dammapeta mandal, presently Bhadradri Kothegudem District' pending disposal of the CIV1A No.5 of 2020 on the file of the 2nd Respondent and in the interest of justice. |.A.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 2nd Respondents to consider and dispose of the stay petition or CIr/A itself within a reasonable time and further direct to the Respondent No.4 and their subordinate staff not to dispose the petitioner s land an extent of Ac 6.00.gts in Sy. No. '1 131 situated at Nagu Palli revenue Village, Dammapeta Mandal' Bhadradri Kothagudem District, pending disposal of the CMA on the file of the 2nd Respondent and in the interest of justice. Counsel for the Petitioners : SRI S.CHANDRA MOHAN REDDY Counsel for the Respondent Nos.1 to 3 : GP FOR SOCIAL WELFARE Counsel for the Respondent No.4 : AGP FOR REVENUE Counsel for the Respondent No.S : - The Court made the following ORDER HON,BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.2965 OF 2025 ORDER: Heard Sri S.Chandra Mohan Reddy, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Social Welfare appearing on behalf of the respondent No.1 to 3 and learned Assistant learned Government Pleader for Revenue appearing on behalf of the respondent No'4'

2. The petitioners approached the Court seeking prayer as under: ".......to issue a Writ, or order or direction more particularly one in the nature of Writ of Mandamus is filed declaring the action of 2nd Respondent not passing appropriate order either on stay petitioner or on the appeal (CMA No' 5 of 2020) itself fiied on dated 25.01.2020 against the order of the 3'd Respondent dated 14.11.2019 vide LTR case No' s3/z}lgpPf as being illegal arbitrary and violative oF Articles 14, 2l and 300-A of the constitution of India apart from being violative of principles of natural lustice which is nothing but abuse of their powers and consequently direct the 2nd Respondent to consider and dispose of the stay petition or CMA No.5 of 2020 itself within a reasonable time and further direct to the Respondent No'4 and their subordinate staff not to dispose the petitioner's land an extent of Ac.600 gts in Sy.No.1131 situated at Nagu Palli revenue village, Dammapeta mandal, presently Bhadradri Kothegudem blstrict pending disposal of the CMA No'5 of 2020 on the file of the 2nd Respondent and in the interest of justice and pass.... " -,5 2

3. It is specific case of the petitioners that the 2nd Respondent is not passing appropriate orders either on stay petition or on the appeal CMA No. 5 of 2020 itself filed on

25.01.2020 by the petitioner aggrieved against the order of the 3'd Respondent dated 14.11.2019 vide LTR case No. 53/2019/DPT. Aggrieved by the said inaction of the respondents in passing orders petitioners filed the present Writ Petition.

4. It is represented by the learned counsel appearing on behalf of the petitioners that the petitioners complied with the order of this Court, dated 04.02.2025 and took out personal notice to the unofficial respondent No.5 and filed proof of service of notice upon the 5th respondent into the registry on

12.02.2025 vide WPUSR No. 15305/2025.

5. Learned counsel appearing on behalf of the petitioners seeks a limited relief i.e., a direction to the 2nd respondent to consider and dispose of the stay petition or CMA No. O5 ot 2O2O preferred by the petitioners, dated 25.01.2O2O and acknowledged by the offace of the 2nd respondent on 25.O1.2O2O itself. 3

6. Learned counsel appearing on behalf of the petitioners further submits that aggrieved by the order dated 14.11.2O19 in LTR Case No. 53/2019|DPT on the file of the Court of the Special Deputy Collector (TW), Bhadrachalam, the petitioners had preferred the said appeal under Section 3(3)(a)(ii) of the AP Scheduled Areas Land Transfer Regulation, 1959 Read With Rule 8(1) of the Andhra Pradesh Scheduled Areas land Transfer Rules, 1969, however though the appeal, dated 25.01.2020 preferred by the petitioner had been acknowledged by the Office of the 2"d respondent herein, as on date, neither the said appea! had been the stay petition preferred by the heard nor petitioners.

7. Learned Government Pleader for Social Welfare appearing on behalf of the official respondent Nos.1 to 3 submits that the Writ Petition could be disposed of directing the 2nd respondent to dispose of CMA No.OS of 2O2O itself expeditiously in accordance to law. I 4

8. Learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the Government pleader for Social Welfare appearing on behalf of the official respondent Nos.1 to

9. Takinq into considera tion: a) The aforesaidfa cts and circumsta nces of the case. b) The submissions made bv the le rned co hsel ADD ea rinq on beha lf of the oetitioners a nd lea rned Gov rnment Pleader for Social Welfare ADDEA nno on beh lf of the resoonde nt Nos.1 to 3. c) The fact that the ao Deal of the oetitio ners vide CMA o of 2O2

25.O1 b acknowledqed bv the officeofthe2 nd resoond ent on 25 .oL.202(J and had been keDt Dendinq wi hout adi udication a s on date bv the 2nd resDondent h ere in. he Writ Petition is disposed of di rectino the 2nd resDon dent to consider and oropriate orders in accordance to law duly dis peal C .M.A.No. 5 sNr 5 of 2O2O itself on merits oend inq on the file of the Court of the ent to Government, Bh adradri Ao Kothao udem District at Kothaoude m, dated 25.O 1.2020 preferred bv the oetitioner s aqainst the order dated t4 11 .2019 in LTR ase No. 53/2 019/DPT oa ed bv the 3ld resDondent within a oeriod of six (O6) weeks from the date of receiot of coov of the order bv qrvtno a reasonab!e oDDortunitv of oersonal hearino both to the a unoffici I d tN others concerned and Dass a orooriate o ers However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. ,L It //TRUE COPY// SDL T. TIRUMALA DEVI TANT REGISTRAR A ECTION OFFICER To

1. The Principal secretary, Tribal welfare Department Secretariat state of Telanana at HYderabad.

2. The Appellate Authority under Land Transfer Regulations 1969/ Additional AgenttoGovernment'Po|TDAatBhadrachalamBhadradriKothagudem District.

3. The Primary Authority under Land Transfer Regulations 1969/Special Deputy Collector, Tiibal Welfare Bhadrachalam Bhadradri Kothagudem District. 4.TheTahsildar,DammapetMandal,AtDammapet,BhadradriKothagudem District.

5. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of 6. Two ic, to e groR REVENUE, High court for the state of Telangana at Telangana at HYderabad. [OUT] Hyderabad. [OUT]

7. One CC to SRI S.CHANDRA MOHAN REDDY, Advocate [OPUC] 8. Two CD CoPies w SA GJP HIGH COURT DATE D : 1 210212025 o C.C. TODAY sTA'r'e o 1 18 \trt ilIf) i ..i, , ORDER WP.No.2965 of 2025 * .^l DISPOSING OF THE W.P WITHOUT COSTS. a-4*a U. d*'