1. Kottem Chittemma v. 'l . State of Telangana
Case Details
Acts & Sections
Petition under A(icle 226 ot 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, order or direction more particularly one in -re nature or Wntr or MANDAMUS aggrieved by the in action of the 2nd to Sth Respondents in not conducting enquiry and not passing appropriate orders accorriance with law on -our representations along with LTR application 27.12.2024 and also kept pending 4th respondent proceedings in Rc.No.A,/s712024, dl. 20.01.2024, it is submittei for initiate LTR proceedings against who violated the Land Violatino the Telanoana Land rransfer Regulationrg5g as amended oy'tt{0, Act, in olr KudunurJ 1zy Village, Charla Manual, Bhadradri Kothagudem District, is highly unjust, un warranted, arbitrary, illegal and violative of articles 14, 2:1 and soo n or tne constitution of lndia andconsequently direct the 3rd and 4th respondents decide petitioners pending appeal therein, in accordance with law 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 pleased to direct the respondents consider and decide the petitioneis representations dt. 27.12.2024 along with 4th respondent proceedings in Rc.No.tuS7t2024, dt. 20.01 .2024 and it is submitted for initiate LTR proceedings against who violated the Land violating the Telangana Land rransfer Regulation tssg as amended by 117o, Act, in our Kudunuru (Z) Village, charla Manuar, Bhadradri Kothagudem 6irtri"t, and pending disposal of the main Writ petition Counsel for the Petitioners: SRt. PANGA SIVANARAYANA Counsel for the Respondent Nos.l&2: Gp FOR SOCIAL WELFARE Counsel for the Respondent Nos.3&4: Gp FOR REVENUE The Court made the following: ORDER -) ORDER: HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.3519 0F 2025 Heard Sri Panga Sivannarayana, learned counsel appearing on behalf of the petitioners, Iearned Assistant Government Pleader for Socia! Welfare appearing on behalf of respondent Nos.1 and 2, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.3 and 4.
2. The petitioners approached the Court seeking prayer as under: "...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS aggrieved by the inaction of the 2nd to 5th Respondents in not conducting enquiry and not passing appropriate orders in accordance with law on representations along with LTR application dated 27-12-2024 and also kept pending 4th respondent proceedings in Rc. No.Al57/2024, dated 20.0L.2024, to initiate LTR proceedings against who violated the provisions of Telangana Land Transfer Regulation 1959 as amended bV L/70 Act in Kudunuru (Z) Village, Charla Manual, Bhadradri Kothagudem District is highly unjust, unwarranted arbitrary, illegal and violative of Articles 14, 2l and 300- A of the Constitution of India and consequently direct the 3'd and ^ -.4-- ) \ 2 SN, J wP 3519 2025 4th respondents to decide petitioners pencling appeal therein, in accordance with law and pass...,,
3. The case of the petitioners, in brief, is that the petitioners belong to Schedule Tribe (Koya by caste), an,J are eking out their livelihood by doing agricultural labour works in Kundunuru (V) Village, Cherla Mandal, Bhadradri Kothagudern District, which is an agency area. The Respondent No.S along with his supporting staff illegaily registered and mutated t he Government Lands in favour of non-tribes and injecting non_tribes into the agency area. On 27.L2.2024, the petitioners made representations to respondent Nos.1 to 5 requesting to conduct inquiry. on 10.07.2023, the petitioners made representations to the 4th respondent and the 4th respondent issued proceedings in Rc.No.A/57l2024 dated 20.0t.2024 directing the 5th respondent to conduct enquiry, but the respondent authorities have not in itiated a ny steps on the representations of the petitioners.
4. It is the speciFic case of the petitioners that [he petitioners preferred application before the 6th respondent/Special Deputy Collector, Tribal Welfare at Bhadrachalam, seeking a direction in favour of petitioners and to take appropriate action in response to encroachment pertaining to the agricultural lands in Sy.No.9/1 to an extent of Ac.10.209.13 Guntas, situated at Kudunuru (Z) 3 SN, J wP t519 2025 Revenue Village, Cherla Mandal, Bhadradri Kothagudem District, Andhra Pradesh, but in spite of petitioners' application dated
27.12.2024, no action had been initiated by the 6th respondent/ Special Deputy Collector, Tribal Welfare at Bhadrachalam. Aggrieved by the same, the petitioners filed the present writ petition.
5. The learned counsel appearing on behalf of the petitioners specifically contend that non-tribals were issued pattadar pass books by denying the petitioners legitimate claims and petitioners sought for action by filing an application before the 6th respondent/Special Deputy Collector, Tribal Welfare at Bhadrachalam, however, no action had been initiated on the said application of the petitioners dated 27.12.2024 till as on date. 6. The learned counsel appearing on behalf of the petitioners places reliance on the report of the Revenue Divisional Officer, Bhadrachalam- addressed to the Tahsildar, Charla vide Rc.No,A/57/2024, dated 20.01.2024 whereunder in pursuance to the representation made by an individual alleging that non-triblas were issued pattadar pass books against the Agency Laws and requested to cancel the pattadar pass books which were issued to the non-tribals in July, 2023 and in response thereon, the Revenue Divisional Officer, Bhadrachalam had Y 4 SN, J wP 3519 2025 requested the Tahsildar, Charla to conduct an enquiry into the matter personally and send a report as per Telangana Land Transfer Regulation l/59 r/w l/70 Act to the Revenue Divisional Office, Bhadrachalam with reference to the subject issue.
7. The learned Assistant Government Pleader for Social Welfare submits that the writ petition co"tld be disposed of directing the 6th respondent to consider thr,' application of the petitioners dated 27.12.2024, within a reasonable period in accordance to Law.
8. The learned counsel appearing on behalf of the petitioners does not dispute the said submission made by the learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondents. Takino into consi deration : (a) - The aforesaid facts and circumstances of the 9 case, (b) The submissions made by the learned counsel appearing on behalf of the petationers and the learned counsel appearing on behalf of the respondents and, 5 SN. J wP 3519 202i (c) The Report of the RDO Bhadrachalam addressed to the Tahsildar, Charla vide Rc'No'A157 12024 dated 2O.O1.2024, The writ petition is disposed of directing the 6th. respondent/Special Deputy Collector, Tribal Welfare at Bhadrachalam to consider the application of the petitioners dated 27.1.2.20.24 tlled under Section 3 of Telangana Land Transfer Regulation 1959 as amended by LlTO by duly taking into consideration the Letter/Report of the Revenue Divisional Officer, Bhadrachalam addressed to the Tahsildar, Charla vade Rc'No'A157/2024' dated 2O.O1.2O24 within a period of six (6) weeks from the date of receipt of a copy of the order, in accordance to law, in conformity with the principles of natura! justice by giving reasonable opportunity of personal hearing to both the petationers and others concerned and pass appropriate orders on the application of the petitioners dated 27.L2.2O24. However, there shall be no order as to costs' The miscellaneous applications, pending if any, shall stand closed. To, SD/.S. MALLIKARJUNA RAO SISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER 'l . The Principal Secretary, Social Welfare Department, Secretariat, Saifabad, Hyderabad.
2. The ITDA Project Officer, Bhadradri Kothagudem District at Bhadrachalam. 3. The District Collector, Bhadradri Kothagudem District At Kothagudem. 7 4 The Revenue Divisional Officer, Bhadrachalam, Bhadradri Kothagudem District.
5. The Tahsildar, Charla Mandal, Bhadradri Kothagudem t)istrict 6. The Special Deputy Collector Tribal Welfare at Bhadrachalam. 7. One CC to SRl. PANGA STVANARAYANA Advocate tOpUCI B. Two CCs to GP FOR SOCIAL WELFARE ,High Court for the State of Telangana. [OUT] n L*o CCs to GP for Revenue, High Court for the State o{ Telangana at Hyderabad. [OUTJ
10.Two CD Copies KKS LS np HIGH COURT DATED:0710212025 \ \ E Srr,7 1 r-) 3 0 l.lAY 2ll?( . 2 i! ,+ !, t 6l't ORDER WP.No.3519 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS 090{' A Lq