High Court · 2025
Case Details
Acts & Sections
l5.Polepalli Bg!,"Sf Kumirl S./o Srinivasa Rao, Age 31 years occu agri and Business R/o H.No. 7-7213, Aswaraopeta village- and Mandal, Bhidradri Kothagudem District.
16.Polepalli Clgndra Sekhar Murthy, S/o Gopinadh, Age 35 years occu. Agrl Business R/o H.No.7-7213, Aswaraopeta viltag6 a--nd Mjndal, Bhadradri Kothagudem District. lT.Polepalli Yaswanth Kumar, S/o Srinivasa Rao, Age Business Rl/o H.No.7-72l3, Aswaraopeta viilag-e Kothagudem District 33 years occu. Agrl and and Mandal, Bhadradri
18. Seemakurthi Srinivasa Rao, S/o Narayana Rao, Age.43 years occu. Business Fyo H.No.1'1-1 7, Aswaraopeta village and Mand-al, Bhadradri Kothagudem District
19. Cheem-akurthi,Harish, S/o Venkatetswara Rao, Age. 41 years occu. Business R/o H.No.2-153, Aswaraopeta village and Mandal, Bh'adradri Kothagudem District.
20. Kancharla Rama Rao, S/o late Satvanaravana . Aoe.74 vears occu.Aorl R/o H.N.'l 1-12, Aswaraopeta village and-ManAdt, gnaOr:Ori Kr5thagudem Oiitrict. 2'l . K^uncha-m Subba Rao,. S/o late Satyam, Age.59 years occu. Agri R:/o H.No.6- 12411 , Aswaraopeta village Mandal, Bhadr;dri- Kbthagudem Diitrict
22. Kancharla Krishna Kumari, W/o Rama Rao, Age.63 years Rl/o Occu. House- hold Rl/o H.No.l 1-12, Aswaraopeta villa-ge and Mandal, Af,"dridii Kothagudem District
23. Kuncham Malikarjun Rao, S/o late Satvam. Aoe. Business Fi/o H.No 6-123/1, Aswaraopeta vill"age Kothagudem District 45 years occu. Agrl and and Mandal, Bhadradri
24. Jupalli Kodanda Venkata Ramana Rao, S/o Chandar Rao. Aoe.6g vears occu.s. Agrl. Rl/o H.No.4-39, Bandasubramanya Nagar, Aswarao"peta village and Mandal, Bhadradri Kothagudem Diskict '
25.Sanka Prasada, S/o Verikata Satyanarayana, Age.4S years occu. Agrl and Business R/o H.No.7-72l9/A, Bhadrachat-am Roaf, Aswaraopeta vilia6; ;;; Mandal, Bhadradri Kothagudem District
26. Yashoda^Yugandhar, s/o Nagendra Rao, Age.43 years occu. Business Ri/o H.r\o.o-oJ, Aswaraopeta village and Mandal, Bhadradri Kothagudem District 27 .Tad.epalli.f{ageswara Rao, S/o Ananda Rao, Age.4g years occu. Agd R/o H.No. 1 -1 08, Asupaka viilage, Aswaraopeta t tantat, bfiioriort-k"iriiiirolri 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 appropriate writ, order or direction, more in the nature of Mandamus, declaring the attempts of the respondent Nos. 10 lo 27 in approaching the respondent No.6 to get regularized their alleged plots under the Telangana Regularisation of Unapproved and lllegal Layout Rules, 2020 issued by the Government of Telangana without having a valid title over their alleged plots and to the detrimental of the petitioners rights in respect of the land admeasuring Ac.2-32 guntas in Sy. No. 1333/A of Aswaraopeta Revenue Village and Mandal, Bhadradri Kothagudem District, as illegal and consequently to direct the respondent No.6 not to entertain any application made by the respondents Nos. 10 to 27 or any persons claiming through them in respect of the the land admeasuring Ac.2-32 guntas in Sy. No. 13331A of Aswaraopeta Revenue Village and Mandal, Bhadradri Kothagudem District, for regularization of plots and layouts, in the interest 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 direct the respondent No.6 not to entertain any application made by the respondents Nos. 10 to 27 or any persons claiming through them in respect of the the land admeasuring Ac.2-32 guntas in Sy. No. 1333/4 of Aswaraopeta Revenue Village and Mandal, Bhadradri Kothagudem District, for regularization of plots and layouts pending disposal of the main writ petition. Counsel for the Petitioner: SRI SANNIDHIRAJA MALLESWARA RAO Counsel for the Respondent No.1, 4, 5 & 6: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.2: GP FOR MCPL ADMN Counsel for the Respondent No.3, 8 & 9: SRI LADMALLA SANDEEP, AGP FOR IRRIGATION Counsel for the Respondent No.7: SRI PUTTA KRISHNA REDDY, SC FOR MCPL Counsel forthe Respondent No.10 to27: - The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER: WRIT PE-TITION No.9858 of 2o25 t It is stated that the petitioners are the owners and possessors of the land admeasuring acs.Z.gZ gun[as in Sy.No.1333/A, situated at Aswaraopeta Revenue Village and Mandal, Bhadradri-Kothagudem District. It is further stated that the petitioners have succeeded to the said property from their ancestors and the names of their ancestors were recorded as pattadars and possessors of the said land. lt is further stated that when third parties have made efforts to encroach upon the subject property and to have clear title among the co-sharers, petitioner No. 1 and another were constrained to institute a suit for partition and separate possession of the subject property uide O.S.No.43 of 2018 on the file of the VII Additional District Judge, Khammam and the said Court also granted an ad interim injunction restraining the defendants therein from alienating the suit schedule properties uide 1.A.No.324 of 2018, dated 16.03.2O18 and the said injunction order is in force as on date and subsequently, the said suit was re-numbered as O.S.No. la of 2022 on the frle of the Principal District Judge, Kothagudem. The grievance of the petitioners is that suppressing the facts, the unofhcial respondents herein have made an application seeking for 2 CVBR, J wp_9858 2025 r E= \ regularization of the said land relying upon certain sale deeds and if the respondent authorities reguiarize the said land in favour of the unofficial respondents, the petitioners would suffer great hardship and the ve ry purpose of institution of-the suit would also be defeated.
2. Considered the submissions of the learned counsel for the petitioners; Sri L.Ravinder, learned Assistant Governmcnt Pleader for Revenue appearing for rcspondcnt Nos. 1,4,5 and 6; Iearned Government Pleader lor Municipal Administration appearing for respondent No.2; Sri Laxmalla Sandeep, learned Assistant Government Pleader lor Irrigation appearing for respondent Nos.3, 8 and 9 and Sri Putta Krishna Reddy, learned Standing Counsel for respondent No.7 and with their consent, this writ pctition is being disposcd of at the admission stage .
3. Learned Assistant Governmcnt Pleader for- Rcvenue has submitted that multiple litigations are pending over the subject land and petitioner No.l had instituted a suit for partiLiort uide O.S.No.7a of 2022 on the file of the Principal District Judge, Kothagudem and the interim injunction order granted in the said suit ii in forcc as on date. Learned Assistant Government Pleader further submits that, if the petitioners make appropriate replesentation explaining their grievances for not entertaining the \ 3 CVBR, J Wp_9858 2025 regularization application submitted by the unofficial respondents in this writ petition, the respondent authorities would consider the same in accordance with law. 4 . In view of the above submissions, this Court deems it appropriate to dispose of this writ petition permitting the petitioners to make an appropriate representation/application, duly enclosing the documents relating to the subject lands and also the interim rnjunction orders granted in both the suits before respondent Nos.S and 6 and in the event of such representation/ application being submitted by the petitioners, respondent Nos.S and 6 are directecl to consider the same before considering any application submittecl by the unofficial respondents seeking for regularization of the subject land in their favour and pass appropriate orders strictly in accordance with larv and as per the various orders issued by the Government from time to time.
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 COPY/' To, 1 I:?"fi[,"ifr1",t8".i":ud,JiftalmentuorReven SD/.L.LAKS HMI BABU EPUTY REGISTRAR SECTION OFFICER Secretariat Buildings' l{tt$! 11!- n r I \ \
2. The Principat S Development, Telangana. 3. The Principal Development, Telangana. e^cretary, Department of Municipal Administration and Urban Secretariat Buitdings, Saifatiat, Hvo!?6li',' "3irt" Secretary, Secretariat Department Buildings, of lrrigation Saifabad,- and Command Area Hyderabad, State of Kothagudem Disrtict Kothagudem Disrtict. 4 The District coilector, Badradri-Kothagudem Disrtict, Terangana state. 5 The Revenue Divisionar officer, Kothagudem Revenue Division, Badradri- 6. The Tahsildar cum Joint Sub-Registrar, Aswaropeta Mandal, Badradri_ 7. The Commissioner, Aswaropeta Municipality 8 The Dy. Executive Engineer, rrrigation and command Area Deveropment, 9. The Asst. Engineer, lrrigation and Command Area Development, Aswaropeta. 10.One CC to SRt SANNTDHTRAJA MALLESWARA RAO, Advocate tOpUCl 11. One CC to SRt PUTTA KRTSHNA REDDY, SC FOR MCPL [OPUC] 12.Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at Aswaropeta Hyderabad [OUT] Hyderabad [OUT]
13.Two CCs to Gp FOR fMCpL ADMN, High Court for the State of Telangana at 14'Two ccs to Gp FoR TRRTGATIoN, High court for the State of rerangana at Hyderabad [OUT]
15.Two CD Copies BSR LS HIGH COURT DATED:0210412025 ORDER WP.No.9858 of 2025 ( ) rHE Stn 14: 2 t nn py2s ( () i ^' - '- 1.1r r.661 I I I I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS b \ I I , I