Kummari Anil v. The State of Telangana

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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent Tribunal in issuing the impugned order dated 0510212021 No. E121312019, as illegal, unlawful and contrary to {aw and without jurisdiction and consequently declare the purchase of (t 9-- the 5th and 6th respondents of the land of the peti4ner in Sy. No. 326, 327lA, 327lAA and 326/4, total admeasuring Ac.20-07 guntas al Billakal Village, Balmoor Mandal, Nagarkurnool District, as null and void and order to restore the possession of the said land to the petitioner and his family members under the provisions of Schedule Area Land Transfer Regulations Act, '1959 by allowing the petition of the petitioner and his family members as filed in case No. E121312019. lA NO: 1 OF 2021 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 suspend the operation of the impugned order dated 05.02.2021 in case No. E1213/2019 passed by the 2nd respondent Tribunal by restraining the Sth & 6th respondents from further alienating the land in Sy. No. 326, 327lA, 327lAA and 326/A, total admeasuring Ac.20-07 guntas at Billakal Village, Balmoor Mandal, Nagarkurnool District to third parties, pending disposal of main Writ Petition. Counsel for the Petitioner : SRI M.DAMODAR REDDY Counsel for the Respondents No.1to4 : ASST.GP FOR REVENUE Counsel for the Respondents No.5&6 : -- W.P.No.12'133 OF 2021 Between: 'l . Smt Satyamrna and Another, Wo. Late Pentaiah, Aged about 48 years, Occ. .Agriculture, [Vo. Kondanagula Village, Balmoor Mandal, Nagarkumool District.

2. Ganesh, S/o Pentaiah, Aged about 29 years, Occ. Agriculture, Ryo. Kondanagula Village, Balmoor Mandal, Nagarkumool District. AND 1 The State of Telangana, Rep. by Department, Secretariat, Hyderabad. its Principal Secretary, Revenue

2. The Special Tribunal, Rep. by District Collector, Nagarkurnool District ...PETITIONERS

3. The Revenue Divisional Officer, Achampet Division, Nagarkumool Dishict. I <'-')

4. The Thasildar, Balmoor Mandal, Nagarkurnool District. 5. Smt. Suramma, W/o. Kashanna, Aged about 73 years, Occ. Agriculture, R:/o. Kondanagula Village, Balmoor Mandal, Nagarkumool District.

6. Alivelu, D/o. Devamma, Aged about 38 years, Occ. Household, Rt/o. Kondanagula Village, Balmoof Mandal, Nagarkurnool District.

7. Naramma, Wo. Jangaiah, Aged about 63 years, Occ. Household, R:io. Kondanagula Village, Balmoor Mandal, Nagarkumool District. B. Krishnaiah, S/o. Chinna Ramaiah, Aged about 68 years, Occ. Agriculture, Rl/o. Kondanagula Village, Balmoor Mandal, Nagarkurnool District.

9. Sudhakar Rao, S/o. Panduranga Rao, Aged about 63 years, Occ. Agriculutre, R/o. Kondanagula Village, Balmoor Mandal, Nagarkurnool District. l0.Rajeshwar Rao, S/o. Panduranga Rao, Aged about 58 years, Occ. Agriculture, Rl/o. Kondanagula Village, Balmoor Mandal, Nagarkurnool 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent Tribunal in issuing the impugned order dated 0510212021 in case No. SPL/ACPTIDI| 35112021 in dismissing the Agency Area Case of the petitioners filed in case No. E157012018, as illegal, unlawful and contrary to law and without jurisdiction and consequently the suit in case No. E/570/2018 is required' to be remanded back to the 3rd respondent for proper adjudication of the partition suit in respect of the agriculture land in Sy. No. Sy. No. 317 to 325, total admeasuring Ac.'|01-05 guntas at Billakal village, Balmoor Mandal, Nagarkurnool District under the Agency Rules. lA NO: 1 OF 2021 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 suspend the operation of the impugned order dated 0510212021 passed by the 2nd respondent Tribunal. in file No. ST/ACPT/D1/35112021 (pending case No. El57Ol201B), by restraining the unofficial respondents from further alienating the land in Sy. No. agriculture land in Sy. No. 317 to 325, total admeasuring Ac.101-05 guntas at Billakal village, Balmoor Mandal, Nagarkurnool District to third parties, pending disposal of main Writ Petition. // ,'' L1-- Counsel for the Petitioner : SRt M.DAMODAR REDDY Counsel for the Respondents No.1to4 : ASST. Gp FOR REVENUE Counsel for the Respondents No.5to10: The Court made the following: COMMON ORDER ./t THE HON'BLE SRI JUSTICE K.SARATH II/RIT PETITION Nos.8511 and L2L33 oI2O2L COMMON ORDER: The subject issue involved in both the Writ Petitions is one and the same. Therefore, both the writ petitions are taken up for hearing together and being disposed ofby way of this common order.

2. Heard the learned Counsel appearing for the petitioners, the learned Assistalt Government Pleader for Revenue appearing for the respondents and learned counsel appearing for the unofficial respondents and perused the record.

3. These writ petitions are filed declaring the action of the respondent No.2/Tribuna,l in issuing the impugned orders dated 05.02 .2021 as illegal and arbitrary.

4. When the matter is taken up for hearing the learned Counsel for the petitioners would submits that the lls in these writ petitions are squarely covered by the orders in I I I W.P.No.7704 of 2O2I dated 29.08.2024 and requested to pass similar- orders in these writ petitions. I

5. Learned Assistant Government Pleader for Revenue and learned counsel for the unofficial respondents are not disputed the submissions made by the learned counsel for the petitioners with regard to the orders in W.P.No.77O4 of 2027 dated 29.O8.2O24.

6. Havinq regard to the facts and circumstances of the case, the orders passed by this court in the writ petition referred to above and for the reasons alike, both the writ petitions aIe disposed of in terms of orders passed 1n W.P.No.770z of 2O2L dated 29.O8.2024.

7. In the light of the aforesaid discussion, both the writ petitions are disposed of, the impugned orders dated O5.O2.2O21 in Spl Tribunal/ACPt/D1/363/2021 and Spl Tribunal/ACWlDll352l2O2I passed by the respondent No.2 is set aside and the matter is remalded back to 'respondent No.3 with a direction to decide the application "-_No.E/21312O19 filed by the petitioner in W.p.No.B511 of \ I I t 3 2O2l and the application No.E/57O/2O|B hled by the petitioners in W.P.No.12133 of 2O2l under Regulation No.3(2)(A)(1) of the A.P. Schedule Areas Land Transfer Regulation, 1959 and pass appropriate orders strictly 1n accordalce with law by putting the petitioners as well as unofficial respondents herein on notice and affording them an opportunity. The said applications were filed in the year 2018 and 2019, therefore, respondent No.3 shall endeavor to dispose of the said applications strictly in accordaace with I 1aw, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shal1 be no order as to costs.

8. The Registry is directed to annex copy of Order dated

29.O8.2O24 passed in W.P.No.7704 of 2021.

9. As a sequel thereto, miscellaneous applications, if any pending, shaLl stand closed. SD/.K.SRE ASS ERAMA MURTHY ANT REGISTRAR //TRUE COPY// CNON OFFICER Revenue Department, Secretariat' State of To,

1. The PrinciPal Secretary' Telangana, HYderaoao' 2 The SPecial Tribunal' Nagarkumool Nagarkurnool. -) l*:-:::rgu,P,1YL1""l B,.?i:i:r' District, rep. by District Collector' cu m Ase ncv o 11"' of f ice r' Achampet Cfit \ E E ,v

4. The Thasildar, Balmoor Manal, Nagarkumool District 5. One CC to SRt M.DAM( u Iff """ to GP FoR l'#ff::l;#:"T",j:"," 7- TwocD copies. BSt(BSK I rrvlr (/oun lor the state of relangana' \ HIGH COURT DATED:21 l0ZtZO2S COMMON ORDER WP.No.8S11 &,12133 ot 2021 i , \ ht: il q / (-rx' c l2 2t FEB 2[25 -(' , ), \\ , o .5 T'AT CH t g'o DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS I l t, l