Smt.YellavulaRamulamma v. 1. The State of Telangana

5. The Tahsildar, Laxmidevipalli Mandal Bhadradri Kothagudem District 6. Yellavula Jaganmohan Rao, S/o' Ramaiah' .aged maior' FVo' Srinivasa Rao " c"iJ,ii ori?J"Jncr,l fiirE6'," .il rvi;;Ari, aha;d radri Kothasudem District 7. Yellavula Seetharamulu, S/o'Muthaiah Aged ma'lor' off Agriculture' Fyo' Hemachandraprru."iiiiug6' Laimioevipatti Mandal, Bhadradri Kothagudem 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 pleasedtoissueaWrit,OrderorDirectionmoreparticularlyintherhatterofWrit of Mandamus, declaring the action of the 2nd respondent in not numbering the revision petition filed by the petitioner and not heard the appeal and not passed theanyorderskeeponpendirtgrevisionfrom24.03.2025whichwasfiledagainst the orders passed by the 3rd respondent in CMA No' 4612O24 dt 06'02'2025' f keep on pending lhe revision by the 2nd respondent without pas sing any orders or hearing the apperal is highly illegal, arbitrary and against the principles of natural justice ancl also violative of Articles 14, 19,21 and 300-1. of Constitution of lndia by setting aside the Order of the 3rd respondent dated C6.02.2025 and consequently direrl the respondents not to dispossess the petitioner from the land in question in Sy l\,:. 264111163 /AA to extent of Ac.2.231 1i2 gtii out of Ac.3.20 gts of HemachanrJ ra puram village, Karukonda Revenue Village, Laxmidevipalli lvlandal, Bhadradri l.irthagudem District 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 ma1,' be pleased to Direct the respondents dispossess the petitioner from the land ir question in Sy No. 26411/1 63 \l\A to extent of Ac.2.231 112 gts out of Ac.3.20 gts of Hemachandrapu ra rn vrllage, Karukonda Revenue Village, Laxmrdevipalli tvlandal, Bhadradri Kothagrdem District by suspending the Order datec 06.02.2025 in CMA NO. 461202t1 cassed by the 3rd respondent, pending dispcsal of the main writ petition. Counsel for the Petitioner : SRI P.V.KRISHNAMACHARY Counsel for the Respondents No.1to3 : GP FOR SOCIAL WELFA.RE Counsel for the Respondents No.4&5 : GP FOR REVENUE Counsel for the Respondents No.6&7 : -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.LO224 OF 2o25 ORDER: This Writ Petition is fiied, under Article 226 of t]ne Constitution of india, seeking the following relief: "...fo issue G Writ, Order or Direction more particularLg in th,e motter of Wit of Mendamus, declaing the oction of the 2^'1 respondent in ruot numbeittg the reulsion petition rtbd bU the petitioner and not hcor'(i the appea\ and not passed the anA orders lteep on pending reutstorL frorn 24.03.2025 uhich was filed agalnst the orders passed bg the 3'd respondent in CMA No.46/2024 dt.06.O2.2O25, keep on pencling tLte reuision bg the 2"d respondent without passing ang orders or heaing tILe eppeal is highlg illegal, arbitrary and against the pinciples of natural justrce qnd also uiolcttiue of ArttcLes 14, 19, 21 and 3AO A of Constitut[on of Indict by setting aside the Order of the 3'd respondent dated O6.02.2025 and consequentLA direct tLLe lespondents not to rllspossess the petitiofter from the land in question irt SA.No.264/ 1/ 163 / AA to extent of Ac.2.231/. gts out of Ac.3.20 gts of Hemachandrapuram uiltage, Karukonda Reuenue ViUage, Laxmideuipalli Mqnde| Bltadradri Kothagudem Distnct in the interest of Justice ond to prl'ss.."

2. Heard P.V.Krishnamachary, learned counsel for the petitioner; learned Government Pleader for Tribal Weifarc for respondent Nos. 1 to 3; and learned Government Pieader for Revenue for respondent Nos.4 and 5. With their consent, this Writ Petition is taken up for d.isposal at the admission stage itsell.

3. Learned counsel for the petitioner submits that the petitioner is in peaceful possession and enjoyment of the petition scheduled lald since iong time before I /7O regulation , PK,J \\'p 10221-2025 in Survel' No.264 I I / 163 /AA to an extent ol ,\c.2.23Iy2 guntas out rrl Ac.3.2O guntas of Hemachandrapura m Viilage, Karukor-rda Revenue Vi11age, Laxmidevipalli Mandal, Bhadradri K:thagudem District. The said propel ty rs her alcestral pr,rpertv namely Yellar,rrla Guravaiah S,/o. yellavula Papaiah an,l Ye1lavu1a surname lamiiies are in peaceful possessron :u-rd enjoyment of the respective share property. While things, stood thus, respondent No.6 filed L. '1. R. Case Nct.37 /20'21>-,'I-DP on the file of Court of Speciarl Deputy Collector ('i\^r), Bhadrachalam, against the petititner ald respondent fl,t.7, r,r,ho are the grarddaughter and gr;lndson of Yellavr-rla Papaiah. Learned Special Deputl, Colle< tor (TW), Bl'radrachala tt, uide order, dated 27 .12.2023 . held that the provisions of Il7O regulation are not applicable in the case, hence, it , s o cen for the petitioner therein (responclent No.6 hercir-r) to ap rroach compe tent Civil Court for redt-es sa1 of his grievance. Aggrieved b-"- the order, dated 127 72 .2023, respondent No.6 filed an appeal uide C.M.A. No.46 o' 2024 on the file rtf Sourt of Additional Agent to Go," ernment, Badrachalarn . The Appellate authority, uicle ordt:r, dated

06.O2.2025, has set aside the order, dated 27.12.2023, -t PK,J Wp 10224 2025 passed by learned Special Deputy Collector (TW), Bhadrachalarn and directed the Tahsildar, Laxmidevipalli, to take over the scheduled land evicting respondent No.1 tirerein (respondent No.7 herein) and whoever is iii possession into government custody under the cover of panchalama and keep the same reserved for future purposes of governrnent Aggrieved by the same, the petitioner herein preferred revision before respondent No.2 uide C.No.513/TWLTRl25

24.O3.2025 and the same is pending consideration Therefore, learned counsel pra)/s this Court to direct respondent Nos.l and 2 to decide the revision filed by the petitioner, within a stipulated period of time

4. Learned Government Pleader for the respondents fairly submits that since the revision filed by the petitioner on

24.O3.2025 uide C.No.513/TWLTR/25 1S pending consideration before respondent Nos.1 and 2, they will pass appropriate orders, in accordance with law.

5. Having regard to the submissions made by learned counsel lor the respective parties and without going into the merits of the case, this Writ Petition is disposed of directing i i I \ 4 PK,J \lp 10221 2025 respondenl |,los.l and 2 to decide the revision filed by the petitioner irde C.No.513/TWLTRI25, dated 2,,.O3.2025, u.hiclr u'as liled agarnst the order, dated 06.02.2025, 1n C.M.A.No.z16 of 2021 passed by the Appellate Courr, strictly in accordance "r-ith lau., as expeditiously as possible, preferably .,vithin a p€ r iod of four (4) r,r,eeks from the date oI r, )ceipt of a copy of rhrs order. Ti11 such time, the responCents are directed to rraintain status quo, obtaining as or-r tr,dalr, with regard to the petition scheduled land. ir{rsi:ella n eous petrtions pending, if arn_r-. sl a1l stand closed. 'l'herr. sha1l be no order as to costs. //TRUE COPY// A R R District Kothaoudent District Telanoana, Hvderabad l.ThePrincipalsecretary,socialWelfareDepartmentSecretarial'Stateof tiii;Iiw"rt"re (LTR) Department Secretariat llvderabad 2. il;,'s'"?fi rri. 3. The Additionat Agent to cJu;ffiLr{t;;A io, |TDA, Bhadrach riam, Bhadradri 4. ?#'3#;;i riorii'corr""tor (TW), Bhadrachalam' Bhadradri (othagudem s. in""'iar,riroar, [_axmidevipalli Mandal Bhad radri Kothagudem l )istrict 6. o;; bt'iii 5n t-EV.kCt s'n runvncHnfl!' fpv.ocirte [oPUC] ;. i;; d6rlolip ron Scjcr,qr- wet-rARE, High courrfor the s'tate of 8. i;;'bui"llp Fbn REVENUE, High court for the state of T-'langana at 9. Two CD CoPies;. Hyderabad. lO(JTl Telanqana. ['3UT] BSK W To, I I I I I I t, i ! i I I HIGH COURT DATED:01 10512025 , CC TODAY ORDER WP.No.10224 of 2025 Hg STA I (: 1 ,

1.. 7 01 I iAY ..1,- lt:l a .,1(i ,: j1'' -J DISPOSING OF THE WRIT PETITION WITHOUT COSTS ()