Kotari Srinivas Rao v. The State of Telangana

B. Bukya Srinivas Nayak, s/o Kotappa, Age 50 years, Occ Agriculture. r/o. Thottipampu village, Dammapeta Mandal, Bhadradri-Kothagudem District. H.No.4-9'1, Thulluru Village and mandal Guntur District. ...RESpONDENTS Petition under Article 226 ot 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 particularly one in the nature of Writ of Mandamus, declaring the action of Respondent authorities, particularly the Respondent No. 6 in issuing l-B Certificate No TSGGAA07663961 and Patta pass book No. 727100111608 in favor of the respondent No.8, even pending appeal No. 61 ol 2O11 before the 3rd respondent, petitioner representations dated 0310412018 and 0410412018, legal notice dated 08/05/2018 and 1210712018, on contrary to the RDO direction in letter No. HILTRI728I2O18/DPT dated 1910412018 and earlier Tahsildhar orders in LTR Case No. 363/DPT/2005 dated 2211112005 and 1075 ol 1974 dated 2810911975 as illegal, arbitrary against the principles of natural justice. Consequently, to suspend the operation of the l-B Certificate No. TSGGAA07663961 and Patta pass book No. 727100111608 issued in favor of the Bth Respondent by the 6th Respondent by considering the petitioner representations dated 03/04/2018 and 0410412018, RDO direction letter No. H|LTR|728;2018|OPT dated 19l04l2O18,earlier tahsildhar orders in LTR case No. 3€;3/DPT/2005 dated 2211112005 and 1075 of 1974 dated 28109/1975 and orders in CMA No. 61 of 2011 dated 26tOOt2O21. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rray be pleased to suspend the operation of the l-B Certificate No. TSGGAA07663961 and Patta pass book No. 127100111608 issued in favor of..the 8th Respondent by the 6th Respondent by considering the petitioner representations dated 03.04.2018 and 04.04.2018, RDO direction letter No. HlLTRl728lzO19lDPT dated 19.04.2018,earlier tahsildhar orders in LTR case No. 363/DPT/2005 dated 22.11.2005 and 1075 of 1974 dated 28.09.1975 and orders in CMA No. 61 of 201 1 dated 26.06.2021 . lA NO: 1 OF 2022 Between:

1. The State of Telangana, rep, by its Principal Secretary to Oovernment, Tribal Welfare Department, Secretariat, Hyderabad.

2. The District Collector -cum- Agent to the Government, Badradhri-Kothagudem

3. The Project Officer-cum- Additional Agent to the Government, Badradhri- District Kothagudem District

4. The Revenue Divisional Officer, Kothagudem, Badradhri-Kothagudem District 5. The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Badradhri- Kothagudem District

6. The Tahsildhar, Dammapeta, Bhadradri-Kothagudem District. ...PETITIONERS/ RESPONDENTS AND

1. Kotari Srinivas Rao, S/o Late Kotari Kanakaiah, Aged ab,out 60 years, Occ. Agriculture, r/o. Anasagudem, Dammapeta Mandal, Badradhri-Kothagudem District. ...RESPONDENT/ PETITIONER 7

2. Karam Mahalaxmi, w{o Late Laxmaiah, Age Major, occ Agriculture. r/o. ^ Thottip?mpu village, Dammapeta Mandal, Bhaciradri-Kothbgudem District. 3. Fql-<ya S-rinivas Nayak, s/o Kotappa, Age 50 years, occ Agr-icurture. r/o. H.No.4-91, Thulluru Village and mandal Guntur District. ...RESPONDENTS/ RESPONDENTS 7 & 8 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 vacate the interim order on 23lgl2O21 in W.P.No.1703812021. Counsel for the Petitioner: SRI KADTYAM PARMESHWAR Counsel for the Respondent Nos.1 TO 6: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.7 & 8: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A IIIRIT PETITION No. 17038 of 2O21. ORPER: Sri K. Parmeshwar, learned counsel for the petitioner submits that the land admeasuring Acs.6.38 guntas in Sy.No. 1394 situated at Nagupally village, Dammapeta Mandal, Bhadradri-Kothagudem District, is ancestral property belonging to the pbtitioner's family, and his father, sri late Kotari Kanakaiah, was in lawful possession. He submits that earlier, LTR case No.1o95 of L974 and LTR case No. 363/2oo5lDPT were decided in favour of the petitioner's father, recognizing his ownership. He submits that despite pending Appeal No.61 of 2o1l filed by respondent No. 7 before respondent No.3, clear directions from the RDo dated l9.o4.2ol9 not to issue pattadar passbooks until disposal of the appeal and petitioner's multiple representations and legal notices datecl 03.04.201g,

04.o4.2oL8, 08.05.2018, and 12.o7.2o18 respectivciy, respondent No.6 issued I-B certificate and pattadar passbook in favour of respondent No. 8. He further submits that surch action of respondent No.6 violates earlier binding orders and the doctrine of res judicata, and amounts to illegal exercise of power. Therefore, the petitioner filed the present writ petition seeking to suspend the b' operation of said certificates issued in favour of respon<lent No.g. \ \ 2 2- Learned Government pleader for social welfare, for respondent Nos.1 to 6, submits that the appeal in cMA No. 6l of 2o11 was duly considered and dismissed by respondent No.3, advising the parties to approach the civil court as the dispute pertains to ownership and possession, which are civil in nature. He subrnits that respondent No.6 issued the 1-B certificate and pattadar passbooks based on available revenue records and in accordance With administrative procedure. He further subrnits that the petitioner has an effective alternativ. ,"-.iy before the revisional authorit5r or civil court and that the Writ Petition is therefore not maintainable under Article 226 of the Constitution of India.

3. Upon hearing both sides and considering the material on record, this Court finds that the dispute pertains to ownership and title over the land, which involves examination of factual issues not suitable for adjudication under Article 226 of the constitution. Admittedly, the petitioner has an alternative and effective remedy by way of revision before the Government, as per the provisions of relevant revenue laws. 4- Accordingly, without entering into the merits of the case, the writ petition is disposed of with a liberty to the petitioner to prefer a revision petition before the competent Government authority challenging the issuance of 1-B Certificate No.TSGGAAO7663961 and :/,. To 3 pattadar passbook No.T271o0ll1608. If such a revision is filed within two months from the date of receipt of this order, the revisional authority shall consider and dispose of the same on its own merits and in accordance with law, after giving clue opportunitJr to all parties. Further, till filing of such revision, intr:rim suspension granted on 23.09 -2o2L shall stand extended. No costs. Miscellaneous applications, if any pending, shall stand closed //TRUE COPY// SD/. C. DEEPIKA ASSISTANT REGISTRAR G SECTION OFFICER

1. The Principal Secretary to Government, Tribal Welfare Dr:partment, Secretariat, Hyderabad, State of Telangana.

2. The District Collector -cum- Agent to the Government, Badradhri-Kothagudem 3. The Project Officer-cum- Additional Agent to the Governnrent, Badradhri- District Kothagudem District

4. The Revenue Divisional Officer, Kothagudem, Badradhri-Kothagudem District 5. The Special Deputy Collector (Tribal Welfare), Bhadracherlam, Badradhri- Kothagudem District

6. The Tahsildhar, Dammapeta, Bhadradri-Kothagudem District. 7. One CC to SRI KADIYAM PARMESHWAR, Advocate [OtrUC] 8. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of 9. Two CD Copies Telangana, at Hyderabad. [OUT] PSK. PVL o {' HIGH COURT DATED i2410912025 ORDER WP.No.17038 of 2021 I '' ' .'it l{IU 1ufr '41 t? :.il DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\\1,( \