✦ High Court of India · 26 Aug 2025

The High Court · 2025

Case Details High Court of India · 26 Aug 2025
Court
High Court of India
Decided
26 Aug 2025
Bench
Not available
Length
1,086 words

1. Smt. Damalla Renuka, W/o. Dayakar, Age. 35 years, Occ. Agriculture and House wife, PJo. 3-3412, Shanthinagar, Pagideru post-507117, Manuguru Mandal, Bhadradri-Kothagudem District.

2. Smt. Palle Uma, Wo. Katuri Dinesh, (D/o. Palle Narsaiah) Age. 33 years, Occ. Agriculture and House wife, R/o. 2-35, Shanthinagar, Pagideru post- 507 117, Manuguru Mandal, BhadradriKothagudem O't,r,"a ...a=,TIONERS AND '1 . The State of Telangana, Rep byits Principal Secretary, Tribal Welfare 2. The Revenue Divisional Officer, Bhadrachalam, BhadradriKothagudem Department, Secretariat, Hyderabad. District. District.

3. The Special Deputy Collector (TW), Bhadrachalam, BhadradriKothagudem

4. The Tahsildar, Manuguru Mandal, Manuguru, Bhadradri-Kothagudem District. 5. Smt. Karnec Prameela, W/o. Late Srinivasa Rao, Age: 40 years, Occ. Health Worker, Fyo. Santhinagar, Pagideru village, Manuguru Mandal, Bhadradri- Kothagudem District.

6. Yerpula Mallaiah, S/o. Pentaiah, Age. 70 years, Occ. S.C Rtd Employee, Rl/o. Near Bus Depot, Samithi Singaram (v), Manuguru Mandal, Bhadradri- Kothgudem District.

7. Yerupula Veeraiah, Sio. Late Papaiah, Age. 65years, Occ. Agriculture, R/o. Santhinagar, Pagideru village, Manuguru Mandal, Bhadradri-Kothagudem District.

8. Vajja Venkanna, S/o. Late Balaiah, Age. 50 years, Occ. Agriculture. R/o. Santhinagar, Pagideru village, Manuguru Mandal, Bhadradri-Kothagudem District.

9. Vaiia Jampaiah, S/o. Late Balaiah, Age.45 years, Occ. Agriculture, R/o. Santhinagar, Pagideru village, Manuguru Mandal, Bhadradri-Kothagudem District' ...RE'P.NDENTS Petition under Arlicle 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 particularly in the nature of Mandamus, declaring the action of the official respondents in interfering with the peaceful possession and enjoyment of the petitioners over the lands to an extent of Acs.0-19 gts and Acs.1-16 gts total measuring Acs. 1-35 gts in Sy. Nos. 54112 and 541/3 out of the total extent of Acs.2- 19 gts in Sy. No. 541 situated at Ramanujavaram revenue village of Manuguru Mandal to dispossess us at the instance of the unofficial respondent No. 5 herein, under the pretexts of alleged implementation of infructuous order of the 3rd respondent herein in LTR Case No. 28l2O24lMngr dated. 05-03-2025 to which, the petitioners are not parties., as illegal, arbitrary, violative of the principles of natural justice, violative of Art. 14 and 300 A of the Constitution of India by declaring the order dated. 05-03-2025 in LTR Case No. 28l2124ttr/rngi- on the file of the Special Deputy Collector (TW), Bhadrachalam as infructuous and un-enforceable one and consequently direct the respondents herein not to dispossess the petitioners herein from the land mentioned above under the guise of the order of the Special Deputy Collector (TW) Bhadrachalam. 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 grant stay of dispossession of the petitioners including the interference of the respondents 2 and 4 and their subordinates with the peaceful possession and enjoyment of the petitioners over the lands to an extent of Acs.O-1g gts and Acs.1-16 gts total measuring Acs. 1-35 gts in Sy. Nos. 541/2 and 541/3 out of the total extent of Acs.2-19 gts in Sy. No. 541 situated at Ramanujavaram revenue village of Manuguru Mandal, pending disposal of the Writ Petition. Counsel for the Petitioners: Ms. MANOAPATI LEGAL SERVICES AND ASSOCIATES Counsel for the Respondent Nos.1 & 3: GP FOR SOCIAL V'tELFARE Counsel for the Respondent Nos.2 & 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI BONDEMPALLY RAMULU Counsel for the Respondent Nos.6 TO 9: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.15O15 of 2025 ORDER: The petitioners have filed the present Writ Petition seeking to declare the action of the official respondents in interfering with their peaceful possession and enjoyment of land measuring Acs.1-35 gts in I I Sy. Nos. 541/2 ar.d 541/3, situated at Ramanujavaram Revenue Village, Manuguru Mandal, as illegal and arbitrary. The petitioners have further challenged the order passed by respondent No.3, dated 05-03-2025, in LTR Case No. 28l2o2alMngr, which is claimed to be infructuous and unenforceable, as the petitioners were not parties to the said proceedings.

2. Heard learned counsel for the petitioners; learned Government Pleader for Social Welfare Department, for respondent Nos. 1 and 3; learned Government Pleader for Revenue, for respondent Nos.2 and 4 and Sri Bondempally Ramulu, learned counsel for respondent No.S.

3. lrarned counsel for ttre petitioners made submissions on the lines of writ affidavit and requested this Court to declare order dated O5.O3.2O25 as infructuous and un-enforceable and consequently direct the official respondents herein not to disposes the petitioners herein from the subject land.

4. On the other hand, learned counsel for respondent Nos. I to 5 2 . submit that an appeal provision exists against the impugned order before the Additional Agent to the Government (Project Oflicer, ITDA, Bhadrachalam), and as such, the petitioners should approach the said authority for redressal of their grievalces.

5. In view of the submissions made by learned counsel appearing on either side, and without expressing any opinion on the merits of tl.e case, since the petitioners have an effective alternative remedy, this Writ Petition is disposed of, granting liberty to the petitioners to frle an appeal before the Additional Agent to the Government (Project Officer, ITDA, Bhadrachalam) within one month from the date of receipt of a copy of this oyder. Till such Lime, the statusquo existing as on today shall be maintained by both parties. No costs. Pending miscellaneous applications, if any, shall stand closed. SD/- A. SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE coPY// L/' sEcnoN oFFlcER To District. District. State of Telangana. l.ThePrincipalsecretary,TribalWelfareDepartment,secretariat,Hyderabad, z. ine neuenJe bivisional fficer, Bhadrachalam, BhadradriKothagudem s. fn?'Sieoaf Deputy collector (TW), Bhadrachalam, BhadradriKothagudem +. ine iinsiroar, Manuguru Mandal, Manuguru, Bhadra_dri-Kothagudem District. s. one CCto Md. MANDAPATI LEGAL SERVIcES AND o. fwo cci io cP FoR SoCIAL WELFARE, High Court for the State of z rwo ids ii, cP'FoR REVENUE; High Court for the State of Telangana, at a oie-cc to sRl BCiNDEMPALLY RAMULU, Advocate [oPUCl 9. Two CD CoPies ASSOCIATES, Advocate IOPUCI Telanoana. at Hvderabad. [OUTI Hvderabad [OUTI PSK.o'Y*- HIGH COURT DATED:2610812025 ORDER WP.No.I5015 of 2025 t \ {HE S TA ? 0 JAlt 2026 o o \ i \' cY'' .) ,-; DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ d{eA &,

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