High Court · 2025

5. Sri Katam Keertana Reddy, D/o. Subba Reddy, R./o. H.No.2-511 , Laxmipuram Village, Burgampahad Mandal, Bhadradri Kothagudem 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, Order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the official respondents in permitting the unofficial Respondent to construct residential houses in Sy. No.440/64 situated at Laxmipuram village of Burgampahad Mandal, Bhadradri Kothagudem District, in spite of the orders passed in POT Case No.38712022, dated 301812024 and the orders passed by the District Collector in Rc.No.E2l3912024 dated 71612024 and not preventing the unofficial Respondent from constructing houses in the assigned lands of the petitioner in spite of submitting representations as illegal, arbitrary and violative of Articles 19,21 and 300 (A) of the Constitution of lndia and consequentially direct the Respondents not to permit the unofficial Respondent to construct any houses in the light of the dispute till the finalization of the cases before the R.D.O., Bhadradri Kothagudem under POT Appeal and the pending of the W.P.No.B3OB of 2021 and W.P.No.33523 of 2023 on the file of the Honouable High Court with a declaratlon that the unofficial Respondent cannot have any claim over the land in question, in the interests of justice. 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 issue an interim direction directing all the respondents to maintain status quo as on this date in respect of construction of the residential houses till the disposal of the Appeal, in Sy. No.440/64 situated at Laxmipuram village of Burgampahad Mandal, pending before the R.D.O., Bhadradri Kothagudem, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI P.V.RAMANA Counsel forthe Respondent Nos.1 TO 3: SRI H.SOMAIAH EZRA SASTRI, AGP FOR REVENUE Counsel for the Respondent No.4: SRI K.PRADEEP REDDY, SC FOR GRAM PANCHAYATH Counsel forthe Respondent No.5: - The Court made the following: ORDER HON'BLE SRJ JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.8366 of 2o25 ORDER: It is stated that the land to an extent of Acs.4.20 guntas in Sy.No.440, situated at Laxmipuram Village, Burgampahad Mandal, Bhadradri-Kothagudem District was assigned in favour of the petitioner and l-rnal patta Certificate in Rc.No.D 1728196, d.ated 24.11.1981 was issued in his favour and possession was also delivered to him. It is further stated that as againsL. the total extent of Acs.4.2O guntas, land to an extent of Acs.2.OO guntas was utilised by ttre Government for laying road and irrigation canals. While the matter stood thus, an enquiry has been initiated under Section 3 of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act")and passed an order stating that the petitioner has violated the terms and conditions of the assignment patta uide proceedings in POT Case No.387 12022, dated 30.08.2024. It is further stated that aggrieved by the said orders, the petitioner filed an appeal under Section 4 of the Act before the Revenue Divisional Oflrcer uide Appeal No. 1 of 2025. The grievance of the petitioner is that even though the nature of the land has been '{eclared as assigned land during the pendency of the appeal r- 2 CVBR,.I wp.8366_2025 before the Revenue Divisional Oflicer, the respondent authorities are allowing respondent No.5 to proceecl with the illegal constructions over the land assigned to the petitioner

2. Considered the submissions made by the learned counsel for the petitioner; Sri H.Somaiah Ezra Sastri, learned Assistant Government Pleader for Assignment appearing for respondent Nos. 1 to 3; Sri K.Pradeep Reddy, learned Standing Counsel appearing for respondent No.4 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unoffrcial respondent is dispensed with.

3. Learned counsel for the petitioner has submitted that when the lands were resumed on the ground that the petitioner had violated the conditions of the assignment patta by using the sar:n'e other than agricultural purpose and at thc same time .:.. allowing the third parties to proceed with the constructions on very same subject lands, amounts contrary to the stand , taken by the respondent authorities. 4, In view of the above and since the appeal is pending belore the Revenue Divisional Officer, this Court is of the view /- 3 CVBR. J Wp, Itl66 2025 that the issues raised in this writ petition are required to be examined by the appellate authority. Therefore, the Revenue Divisional Officer concerned is directed to dispose of Appeal No.l of 2025 filed against POT Case No.3a7 12022, dated 30 .O8.2O24 , as expeditiously as possible, preferably, within a period of one month from the date of receipt of a copy of this order. Till such time, the Revenue Divisional Officer is directed to take all precautions for maintaining sfatus quo obtaining as on today over the subject property, in all respects.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/. MOHD. DEPUTY REG MAIL TRAR SECTION FFICER l 1 I I To \

1. The Principal Secretary, Revenue (Registration) Department, Dr.B.R.Ambedkar. Telangana Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Bhadradri Kothagudem at Kothagudem. 3. The District Panchayat Officer, BhadradriKothagudem. 4. The Secretary, Gram Panchayat, Laxmipuram, Laxmipuram Village, Burgampahad Mandal, Bhadradri Kothagudem District.

5. One CC to SRI P.V.RAMANA, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

7. Two CD Copies PSK. & HIGH COURT DATED:2010312025 ORDER WP.No.8366 of 2025 t s,1 S' r\ ,...} o 03 APR 2025 ) c _1. k (_ r'lLr't.rI: DISPOSING OF THE WRIT PETITION WITHOUT COSTS -td (q4' W , I