High Court · 2025

Judgment

1. The State of Telangana, Rep. by its Principal Secretary Tribal Welfare Department Secretariat Hyderabad 2 3 The Appellate Authority under Land Transfer Regulations, '1969/ Additional Agent to Govemment PO ITDA at Bhadrachalam Bhadradri Kothagudem District The Primary Authority under Land Transfer Regulations, 1969/Special Deputy Collector TW Bhadrachalam Bhadradri Kothagudem District 4 The Tahsildar, Aswaraopet lVlandal, Bhadradri Kothagudem District. ...RESPONDENTS

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 or order or direction, more particularly one in the nature of Writ of Mandamus, is filed questioning the lmpugned Order passed by the respondent No.2 for dismissed the CMA No.69 of 2024, dated 16.0'1 .2025 field by the petitioner as being illegal arbitrary without considering the evidence filed by the petitioner and violative of Articles 14,21 and 300-4 of the constitution of lndia apart, and consequently, stay of the operation of the lmpugned order passed by the 2nd respondent vide CMA No.69 of 2024, dated 16.01 .2025 and further direct to the Respondent No.4 and their subordinate staff not to dispose the first petitioner an extent of Ac. 7-20 gts in sy. No. 214/13tA situated at Naramvarigudem Revenue Village, Aswaraopet Mandal, Badradri_Kothagudem District and second petitioner an extent of Ac. 7-2o gts in sy. No. 214r13tAt1 situated at Naraml'arigudem Revenue vi age, Aswaraopet tVrandar, Badradri- Kothagudem District total an extent of Ac. 15-00 gtsand in the interest of justice. lA NO:1 OF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to stay of the operation of the lmpugned order passed by the 2nd respondent vide cMA No.69 oI 2024, dated 16.01.202s and further direct to the Respondent No.4 and their subordinate staff not to dispose the first petitioner an extent of Ac. z -20 gts in Sy. No. 2141131A situated at Naramvarigudem Revenue Village, Aswaraopet Mandar, Badradri-Kothagudem District and second peti[ioner an extent of Ac. 7-20 gts in Sy. No. 2141131At1 situated at Naramvarigudem Revenue Village, Aswaraopet Mandar, Badradri-Kothagudem District totar an extent of Ac. 15-00 gts, pending disposal of the CMA on the file of the 2nd Respondent and in the interest ofjustice. Counsel for the Petitioners; SRI S.CHANDRA MOHAN REDDY Counsel for the Respondent No.1 to 3: Gp FOR SOCIAL WELFARE Counsel forthe Respondent No.4: Gp FOR REVENUE The Court made the following: ORDER l I l i I I HON'BLE MRS JUSTICE SUREPALLI NANDA WR PETITION No.3238 OF 2025 ORDER: Heard Sri C.Chandra Mohan Reddy, learned counsel appearing on behalf of the petitioners, tearned Government Pleader for Social Welfare, appearing on behalf of the respondent Nos.l to 3 and the tearned Government Pleader for Revenue appearing on behatf of the respondent No.4.

2. The Detition ers aDD ched the Court seekino oraver asu der: "...to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus, is filed questioning the Impugned Order passed by the respondent No.2 for dismissed the CMA No.69 of 2024, dated 16.01.2025 field by the petitioner as being illegal arbitrary without considering the evidence filed by the petitioner and violative of Articles t4, 2I and 300-A of the constitution of India apart, and consequentty, stay of the operation of the Impugned order passed by the 2nd respondent vide CMA No.69 of 2024, dated 76.01.2025 and further direct to the Respondent No.4 and their subordinate staff not to dispose the First petitioner an extent of Ac.7-20 gts in Sy.No.Zl4/13/A i 2 SN.J wP 3238 2025 situated at Naramvarigudem Revenue Village, Aswaraopet Mandal, Badrad ri- Kothagudem District and second petitioner an extent of Ac.7-20 gts in Sy.No.21.a/13/A/l situated at Naramvarigudem Revenue Village, Aswaraopet Mandal, Badradri- KothagucJem District total an extent of Ac.15-00 gts and in the interest of justice and pass such other order or orders a:; this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. The casr: of the petitioners, in brief, is that the petitioners are the absolute owners and possessors of the land to an extent of Ac.7-20 quntas in Sy.No.214/13/A and Ac.7-20 gts in Sy.No.214113./A/1 both situated at Naramvarigudem Revenue Village, Aswaraopet Mandal, Badradri-Kothagudem District, having purchased the same by the grandfather of the petitioners from one Achil Rangacharyulu in the year 1969 and since then, the petitioners have been in a pe.aceful possession and enjoyment of the said property. While the matter stood thus, the respondent No.3 passed order dated 25.09.2024 in LTR case No.74/2021/ASPT directing the Tahsildar to take possession of the subject la nd Into Government custody, without conducting proper enquiry. Aggrieved by the same and against the said order the petitioners filed an appeal vide C.M.A. No. 69 of 2024 before the 2''d respondent but the respondent No.2 dismissed the 1) 3 wP 3238;ui said appeal on L6.O7.2025, without considering the evidence submitted by the petitioners. As per the said orders of the respondent authorities, respondent No.4 visited the petitioners' property on O3.O2.2O25 and directed the petitioners to vacate the said subject property. Aggrieved by the same, the petitioners filed the present writ petition.

4. Learned Assistant Government Pleader for Social Welfare submits that against the order impugned, there is a remedy of revision before the respondent No.1 and the petitioner without availing the remedy of revision available under statute, approached this Court by filing the present writ petition.

5. Learned counsel appearing on behalf of the petitioners submits that the petitioners are ready and willing to prefer a revision against the orders impugned dated 16.01.2025 passed in CMA No.69 of 2025 by the respondent No.2, but in the meantime, the petitioners interest may be protected, because by virtue of the impugned proceedings dated 16.01.2025, the Tahsildar, Aswaraopet Mandal, is initiating steps to take possession over the subject scheduled land into Government custody by duly vacating the petitioners, who are in possession of the subject land. 4 SN,J w? 3238 2025 6. Taking into consaderation the submissions made by the learned counsel appearing on behalf of the petitioners and the learned Assistant Government pleader for Social Welfare appearing on behalf of the respondent Nos,1 to 3, the writ petition is disposed of directing the petitioners to prefer a revision against the orders impugned dated 16.01.2025 passed in CMA No.69 of 2O2S by the respondent No.2 within a period of two(2) weeks from the date of receipt of a copy of this order. Upon the petitioners approaching the respondent No.1 by filing a revision and till appropriate orders on merits are passed by the respondent No.1 within a period of four weeks thereafter, in the revision to be preferred by the petitioner against the order dated 16.O1.2O25 passed in CMA No.69 of 2O24 by the 2nd respondent, Status-quo is directed to be maintained in respect of the land to an extent ot Ac.7-2O gts in Sy.No.21,4lLglA and Ac.7-2O gts in Sy.No.214lL3/AlL both situated at Naramvarigudem Revenue Village, Aswaraopet Mandal, Badradri- Kothagudem District. However, there shall be no order as to costs. j ,. \ 5 SN,J wP 3238 2025 As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPYII SD/.MOHD. ISMAIL ANT REGISTRAR ECTION OFFICER To,

1. The Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad, State of Telangana.

2. The Appellate Authority under Land Transfer Regulations, 1969/ Additional Agent to Government PO ITDA at Bhadrachalam, Bhadradri Kothagudem District

3. The Primary Authority under Land Transfer Regulations, 1969/Speg'al Deputy Collector TW Bhadrachalam, Bhadradri Kothagudem District

4. The Tahsildar, Aswaraopet Mandal, Bhadradri Kothagudem District- 5. One CC to SRI S.CHANDRA I\TOHAN REDDY, Advocate [OPUC] 6. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] B. Two CD Copies BSR BS w HIGH COURT DATED: 0StO2t2O2S ORDER WP.No.3238 of 2O2S ,..: JiAiE 22 ttB 2025 q tr! \ -.i)ES;)/iirl -{==- v

7. ...t 4 t DISPOSING OF THE WRIT PETITION, WTHOUT COSTS 2K l I I I