High Court · 2025

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 11173 OF 20?j Between:

1. Karde-Gopal, S/o.Pakiraiah, Aged about 63 years, Occ. Agriculture' 2. Karde Laxminarayana, S/o.Pakiraiah, Aged about 58 years, Occ. Agriculture, 3. Karde Srihari, Sio.Pakiraiah, Aged about 47 years, Occ. Agriculture, 4. Karde Ramakrishna, S/o.Late Chinnaiah, Aged about 51 years, Occ. Agriculture

5. Karde Narsimulu, S/o.Late Chinnaiah, Aged about 59 years, Occ. flgriculture, 6. Karde Ramulu, S/o.Late Chinnaiah, Aged about 57 years, Occ. Agriculture 7. Karde Laxmaiah, S/o.Late Chinnaiah, Aged about 55 years, Occ. Agriculture, B. Karde Venkataiah, S/o.Bachanna, Aged about 8'1 years, Occ. Agriculture 9. Karde Narayana, S/o.Bachanna, Aged about 78 years, Occ. Agriculture, 10. Karde Laxmaiah, S/o.Erranna, Aged about 58 years, Occ. Agriculture '1 '1 . Karde Venkataiah, S/o.Erranna, Aged about 56 years, Occ. Agriculture' All are residing at Appannapally village, H/o.Yedira, Mahabubnagar District. ...PET]TIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The Joint Collector (Revenue), Mahabubnagar District At Mahabubnagar 2 3. The Revenue Divisional Officer, Mahabubnagar Division, Mahabubnagar District.

4. The Tqhsildar, Mahabubnagar Urban Mandal, Mahabubnagar District 5. Karde Balaiah, S/o.Venkanna, Aged about 80 years, Occ. Agriculture 6. Karde Papanna, S/o.Venkanna, Aged about 55 years, Occ. Agriculture, 7. Karde Satyanarayana, S/o.Venkanna, Aged about 50 years, Occ. Agriculture 8- Karde Narsimulu, S/o.Sailu, Aged about 50 years, Occ. Agriculture 9. Karde Krishnaiah, S/o.Sailu, Aged about 48 years, Occ. Agriculture I

10. Karde Anjaneyulu, S/o.Sailu, Aged about 46 years, Occ. Agricutture 'l 1. Karde krishnaiah, S/o.Ramulu, Aged about 30 years, Occ. Agriculture,

12.Karde Laxmaiah, S/o.Ramulu, Aged about 2B years, Occ. Agriculture, '13. Karde Praveen Kumar, S/o.Shankaraiah, Aged about 40 years, Occ. Agriculture, lespondents 5 to 13 are residing at Appannapaly village, H/o.Yedira village, Mahabubnagar District. ...FIESPONDENTS Petition under Article 226 of lhe Constitution of lndia prayrng that in the circumstances, stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent herein in not disposing the appeal filed under Section 90 of AP (TA) Tenancy and Agriculture Lands Act, 1950 vide Tenancy Appeal No. F1l1775412019, which was filed against the issuance of 38-A Certificate in favour of Karde Nagamma vide Proceedings No.l(1556/2001, daled 81512002 of the 3rd respondent,herein in respect of land in Sy.No.230 to an extent of Ac 18.239ts situated at Yedira village of Mahabubnagar Mandal and District, as the same is illegal, arbitrary and Constitutional Rights guaranteed under Article 14, 19,21 and 300-4 of the Constitution of lndia and consequently direct the 2nd respondent to hear and dispose of the appeal within a reasonable period 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 2nd respondent forthwith to dispose of the Appeal No.F111775412019 filed by the petitioners againsl the Proceedings No.1(1556/2001 , dated 8.5.2002 of the 3rd respondent herein in respect of land in Sy.No.230 to an extent of Ac 18.23gts situated at Yedira village of Mahabubnagar Mandal and District, pending disposal of the above writ petition Counsel for the Petitioners: SRl. MOHD SUBHAN PASHA Counsel for the Respondent Nos.'l to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 13: -- The Court made the following: ORDER i I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11173 of2o25 ORDER: . This writ petition is Iiled declaring the action of respondent No.2 in not disposing of the appeal filed under Section 90 of the Telangana Tenancy and Agriculture Lands Act, 195O (for short "the Act, 1950") uide Tenancy Appeal No.Fl/ 17754/2019, as illegal, arbitrary and violative of principles of natural justice and for other appropriate reliefs..

2. It is stated that a certificate under Section 38-A of the Act, 1950 was issued infavour of one Karde Nagamma, who is the mother of respondent Nos.S to 7 arrd grandmother of respondent Nos.8 to 13, in respect of the land admeasuring Acs.18.22 guntas in Sy.No.23O, situated at Yedira Village, Mahabubnagar Mandal and Distriet, uide proceedings No.K/1556/iQO1, dated 08.05.2002. It.is furrher stated that aggrieved by the said proceedings, the petitioners have filed an appeal before respondent No.2 under section 90 of the Act, 1950 uide Tel:ancy Appeal No.Fl/1775412019. The grievance of the petitioners is that in the said appeal notices have been issued to the respondents but however, even after a lapse of six years, respondent No.2 is not taken up the said appeal for hearing and --' '- ' .,1 I 2 ,0,,,9l!fii deciding the same in accordance with the provisions of the Act, 195O and the Rules made thereunder. 3. Considered the s.ubmissions of the learned counsel for the petitioners and learned Assistant Government pleader for Revenue appearing for respondent Nos. l to 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 nodce to the unofficial r - -rrv,rLrd-r respondents. is dispensed with.

4. In view of the submissions made by the learned counsel for the respective parties and as it is stated that the appeal under Section 90 of the Act, 1950 Iiled by the petitioners is pending before respondent No.2 for the last six years, this Court, without expressing any opinion on the merits of the matter or inter se dirsputes between the petitioners and the unofficial responden ts I it appropriate to dispose of this writ petidon a,.."r.t-t-:^1_t*: :ng respondent No.2 to dispose of the Tenancy Appeal No.Fl/ IZTS4/2O19 in accordance with Iaw after hearing the petitioners and t}te unoflicia.l respondents herein, as expedifiously as possible, preferably, within a period _--_ _-_ -r-,,.r.irrfa-.-.--*tl..4. 3 CVBR, J Wp_ll173 _2025 of eight (08) months from the date of receipt of a copy of this

5. Accordingly, this Writ petition is disposed of. There shali be no order as to costs. 6 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. P. PADMANABHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad 2. The Joint collector (Revenue), Mahabubnagar District At Mahabubnagar 3. The Revenue Divisionar officer, Mahabubnagar Drvision, Mahabubnagar District.

4. The Tahsildar, Mahabubnagar Urban Mandal, Mahabubnagar District 5. One CC to SRt. MOHD SUBHAN PASHA Advocate tOpUCl 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. \

7. Two CD Copies KKS GJP dD HIGH COURT DATED:1510412025 ORDER WP.No.11173 of 2025 ) 2 5 u?,1 2[fr .t oFslAi -i:' * DISPOSING T[.IE WRIT PETITION WITHOUT COSTS O'c'' ry*