Kancharla Rama Rao 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring action of respondents in interfering, with peaceful possession and enjoyment of H. No. 4-57 situated in Gundepudi Village. Julurupadu Mandal, Bhadradri-Kothagudem District, during pendency of stay petition filed in Revision filed before the 2nd respondent herein. against order in CMA No. 35 of 2024 dated 06-02-2025 passed by 3rd respondent confirming order passed in LTR Case No. 32l2023lJLPD dated 14-05-2024 passed by 4th respondent herein. as illegal and arbitrary and conseqr;ently direct respondents not to interfere with peaceful possession and enjoyment of H. No.4-57 situated in Gundepudi Village, Julurupadu Mandal, Bhadradri-Kothagudem District 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 direct respondents not to interfere with peaceful possession and r-,nj6jymsnt of H. No. 4-57 situated in Gundepudi Village, Julurupadu Mandal, Bhad radri-Kothagudem District, pending disposal of the writ petition Counsel for the Petitioner: SRl. R R KALYAN Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following: ORDER 1, ,,^ THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.8598 OF 2025 ORDER: With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage itself

2. This Writ Petition is hled, under Article 226 of the Constitution of India, seeking the following reliet '.,.to tssue a writ, order or d.irection more parlicularly one ii the nature oJ uit of Mandamus declaring actton of respondents ut interking tuith peaceful possession ond. enjoAment of H.No.4-57 situated in Gundepudi Viltagc, Julurupadu Manda| Bhadradi-Kothaguclern Distict, during pendencq of stag petition rtbd in Reui.sion filed. beJore the 2"d respondent herei\ agaitst order in CMA No.35 of 2024 dated. 06-O2-2O25 passed bg 3,a respondent confming order passed in LTR Case No.32/2O23/JLPD dated 14-OS 2024 passed bA 4tl, respond.ent herern, as ilLegal and arbitrary and consequently direcl respondents not to interkre uith peaceful possesston and enjogment of H. No.4-57 situdted in Gundepudi Village, Julurupadu Manda| Bhadradi. Kothagudem Distrtct and to poss..."

3. Heard Sri R.R.Kalyan, learned counsel for the petitioner and learned Government Pleader for Social Welfare for the respondents.

4. karned counsel for the petitioner submits that the petitioner's late father Kancharla Venkateswarlu was owner and possessor of land in Sy.No.266 an extent of Ac.0-0I Gts. situated in Gundepudi Village, Julurupadu Mandal, Bhadradri- Kothagudem District and said open land was in peaceful possession and enjoyment, ever since purchase of same by the petitioner's late father. During his lifetime, a Will Deed was executed and according to said Will Deed, open land was 2 PK,J wp 8598 2025 succeeded by petitioner's wife Smt.Kancharla Venkata Ramadevi @ Venkatravamma. Thereafter, the petitioner's wife :ook permission from concerned Gram Panchayat for construction of house in

1986. Subsequently, a house was constructed in said land and H.No.4-57 q,as allotted to said house by Gram Panchayat. Accordingly, the said house and land is under peaceful possession and enjoyment of pctitioner's wife. (b) I I is further submitted that, one Mutlu Ravichanra Chowhan, Presiclent, BGBRS, Telangana State, has given a complaint that pt:titioner was constructing Multi Storied house in Venganapalem Vitlage of Julurupadu Mandal in violation of Agency Larvs and requested respondent No'4 to take action. Thereupon, respondent No.4 has conducted an enquiry and stated that in lg7g 80 Pahanie name of one Mangali Bullodu rvas recorded as Pattadar and petitioner's name as possessor for an extent of Ac.O- 01 Gts. and that the petitioner has constructed G r- I building in said land around ten years back. Accordingly, reque:sted to initiate LTR Case, as said Village is a notihed Schedttled Area and respoirdent No.3 uide order dated 14.05.2024 ordered for eviction of the petitioner {iom the subject land. Against the said order, the petitioner filed a statutory appeal on 18.06.2024 before respondent No.3 under relevant Rules, wherein the petitioner specificaliy stated that the said land belongs to his wife. .Along with said 3 PK,J wp bsbs-202s appeal, the petitioner has also filed CMA No.35 of 2024 challenging the order, dated 14.05.2024 along with stay petition seeking stay of ejectment from said land. However, respondent No.2 has not yet taken the appeal onto record and no orders are being passed in the stay petition or the revision. Therefore, Iearned counsel prays this Court to direct respondent No.2 to pass appropriate orders on the revision filed by the petitioner, dated 07 .O3.2O25, within a stipulated period of time.

5. Learned Government Pleader for the respondents . fairly submits that respondent No.2 will pass appropriate orders on the revision, dated 07.03.2O25, liled by the petitioner, in accordance with law.

6. Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of directing respondent No.2 to pass appropriate orders on the revision, dated 07.O3.2025, hled by the petitioner, by providing an opportunit5r of personal hearing to the petitioner, strictly in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed to maintain statusguo in respect of H.No.4-57 situated I I 4 .1 PK,.J Wp 859U 21)25 in Gundepudi Village , Julurupadu Mandal, Bhadradri-Kothagudem District Misccll:rncor rs pctrtions pending, if any, shaLl stand closed. Therc shall Lrc no order as to cosr.s To, //TRUE COPY// SD/-P. PADMANABHA REDDY EPUTY REGISTRAR SECTION OFFICER

1. The Principal Secretary, Social Welfare Department, Secretariat, Hyderabad. 2. The Secretary Government of Telangana, Tribal Welfart: Department, Secretariat, Hyde'abad. 3 The Additional Agent to Government, Bhadrachalam, Bhadradri-Kothagudem District. I I a IE Special Deputy Cottector (TW), Bhadrachalam, Bha<lradri-Koihagudem. 5 The Tahsildar, Juturupadu, Julurupadu Mandal, Bhadradri-Kothagudem District. District. One CC to SRI R R KALYAN Advocate [OPUC] Two CCs to GP for Social Welfare, High Court for the State of Telangana at Hyderabad [OUT] 6 7 I KKS BS Two CD Copies 6 HIGH COURT DATED:2 4103t2025 ORDER WP.No.8598 of 2O2S 1rG .l 14 r4: 15 APfl zIE .z' JF tJ u t (1\( Pz a A, t O6SPA rC * DISPOSTNG THE WRIT PETITION WITHOUT COSTS G)t'9i4 w