High Court · 2025

4. The Tahsildar, Manugur Mandal, Bhadradri Kothaoudem District. 5. Smt. Karam Ramulamma, Wo.Adhinaray-ana, Age. 56 years, R/o.Vippalasingaram Village, Manuguru Mandal, gnaOriOri Kothagudem District. Smt. Saram Sethamma, Wio_sathyanarayana, Age. 54 years, R/o.Bhagathsingh Nagar, fVlanuguru tvland-al, Bhadradri Kothiagudem Dijtrict. ' 6 .....RESPONDENTS ...RESPONDENTS/RESPONDENTS/RESPONDENTS/APPLICANTS/OBJECTORS 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 a writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to dispossess the petitioners from their agriculture land property situated in Sy.No.131 to an extent of Ac- l.00 gnts along with house bearing H.No.1-1-77 of ---7 passing Manuguru Village and lvlandal, Bhadradri Kothagudem District, 'ryitlrout orders by the 2nd respondent either in the main Appeal or in stay retition; filed by the petitioners on 07tO512025 against the orders passerd by the 3rd respondenvspecizrl t)eputy collector in LTR Case Nc.10/2023/MGR dld.2Bt12t2O24, w.rich is served on the counsel for petitioners on 2"210412025, in connection with the pelitioner s agricultural land situated in Sy.No. 131 to an extent of Ac.1.OC of lr/anuguru Village and Mandal, Bhadraclri Kothagudem District, is illegal and void and opposed to Articles 14, 19,21 and 300-4 of Constitution of lnrlia, r:nd consequently to direct the respo nd ent/a r.rthorities not dispossess the petitioners from their land situated in sy.No. 13'1 tc an extent of Ac..1 .00 of Manulluru village and Mandal, Bhadradri Kothaguclern District, till disposal of the merin apoeal filed by the petitioners before the 2nd rr,rspondent on 07lo5l2o25 againr;t the orders of the 3rd respondent d[d.281121.20.,>-4 served on the petitioners cortnsel on 2210412025 lA NO: 1 OF 2025 Petition unrler Siection '1 51 CPC praying that in the circurnslances stated in the affidavit filed in support of the petition, the High court may tre pleased to direct the respc nderrt/authorities not to dispossess petitioners f rom the agriculture land property in sy.No.131 to an extent of Ac-1 .00 gnts along with house bearing tl.No.1-1-77 of Manuguru Village and IVandal, Bhadradri Kothagudem District, by suspending the operation of the impugned orders passed by the 3,rd respondent dld.28l12l2024, the same is sr;'rved on the petitioners couns€rl on 2.210412025, pending disposal of the main wrii petition Counsel for the Petitioner: SRl. MUMMANENI SRINIVASA RAO Counsel forthe Respondent Nos. 1to3: GP FOR TRIBAL WELFARE DEPARTMENT Counsel for. the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRT JUSTICE J. SREENTVAS RAO WRIT PETITION No.15167 OF 2025 ORDER: This writ petition has been filed seeking the following relief: "to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their agriculture land property situated in Sy.No.l3t to an extent of Ac.l-00 gts aktng with house bearing H.No.l-l-77 of Manuguru Village and Mandal, Bhadradri Kothagudem District reithout passing orders by the 2nd respondent either in the main Appeal or in slay petition filed by the petitioners on 07/05/2025 against the orders passed by the 3rd responclent/Special Deputy Collector in LTR Case No. 10/2023/MGR, dtd.28/12/2024 which is served on the counsel Jbr petitioners on 22/04/2025 in connection with the petitioner s agricultural land situated in Sy.No-lJl to an extent of Ac.l.00 of Manuguru Village and Mandal, Bhadradri Kothagudem District is illegal and void and opposed to Articles 14, 19, 2l and 300A of Constitution of India and consequently to direct lhe respondent/authorities not dispossess the petitioners from Iheir land situaled in Sy.No.13 I to an exlenl of Ac. 1.00 of Manuguru Village and Mnndal, Bhadradri Kothagudem District till disposal of the main appeal filed by the petitioners before the 2nd respondent on 07/05/2025 against the orders of the 3rd respondent dtd.28/12/2024 served on the petitioners counsel on 22/01/2025. " 2 Heard Mr.M.Srinivasa Rao, learned counsel for the petitioners, learned Govemment Pleader for Tribal Welfare Department appearing for respondent Nos.l to 3 and learned Government Pleader for Revenue appearing for respondent No.4.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admisston.

4. Learned counsel for the petitioners submitted that the petitioners are seeking disposal of the stay application or appeal pending before \ 2 respondent lrio.2 and till such time, to protect their posserss'Lon' In view of the same, not ce in respect of respondent Nos. ji and 6 is dispensed

5. I . Facts 1;ivir g rise to filing of this writ petition briel ly stated are that the petitloner:s claim to be the owners and possessorr; ol agricultural land admeasuring Ac. I -00 in Sy.No.131, along r''ith a h')use bearing Door No. l-1-77 situated in Sy.No.131 over an extr:nt oI'Ac.0-20 cents. They stated thal the said property was purchased frc'm the original owner through a sada sale deed dated 07.05-l99tT Additionally, the petitioners also purchased Ac.0-20 cents in Sy.No.l29 and Ac.l-04 guntas in Sy.No 130 under a registered sale deed dated 2').12-1991 by paying valuable r;ale consideration. Since then, the petitionr.:rs have been in peaceful posse ssion and enjoyment of the aforesaid propr.)rties. 5-2. It is :urther averred that the vendors of the per:itioners had acquired the above mentioned lands through a registered sale deed dated 21 .06.1985. fhe petitioners also stated that they constructer.l a house in a portion of the land measuring Ac.O-25 cents in Sy.N o. l3l, and the Gram Panchayat has allotted Door No.1-l-77 in their favour. 3

5.3. It is further averred that respondent Nos.5 and 6 claimed to be the legal heirs of one Bandaru Mandaiah @ Mangaiah. The brother of Bandaru Mandaiah @ Mangaiah i.e., Bandaru Narasimha, submitted application to the Special Deputy collector/respondent No.3 and basing on the same, respondent No.3 initiated the proceedings vide LTR Case No.lo/2023/MGR and passed eviction order on 29.12-2024 exercising the powers conferred under the provisions of the Telangana Schedule Areas Land rransfer Rules, r969 read with sub-section 2(a) of Section (3) of Regulation 1959 and ordered the ejectment of petitioner from the subject land to an extent of Ac.l-00 in Sy.No. l3l of Manuguru Village and Mandal and directed respondent No.4 to resume the above said property to Government custody. Aggrieved by the above said order, the petitioner filed statutory appeal before respondent No.2 on

07.05.2025. Along with the said appeal, rhe petitioner also filed an application for grant of stay of all further proceedings including eviction of the petitioners. The said application is also pending and respondent No.2 has not passed any order.

5.4. The petitioners further averred that the respondent Nos.5 and 6 have filed suit in O.S.No.272 of 2O2O on the file of the Mobile Court, Bhadrachalam, cla)ming the land to an extenr of Ac. 1-03 guntas in \ \ 4 Sy.No. 129 and also obtained interim injunction orders in "'A'No'253 of 2020. Aggrieved by the same, the petitioners filed C'R P'No'2967 of 2O23 belore tbis Court and this Court set aside the ordt:r passed in I.A.No.253 of 2020 and remanded the matter to the leanred Special Assistant Agent and Sub Divisional Magistrate (Mobil: Court) at Bhadrachalam. *'ith a direction to dispose of the same in accordance with taw and till disposal of the said I'A', both thc parlies therein are directed to rnaintain ' stotus quo ' with regard to the strit schedule propefty in all respects. Respondent No'2 in the saicl c ase has not contested the s nid application or the appeal' Howev':r' respondent No.4 is trying to dispossess the petitioners from the sulcjt:ct property' Unless this (lout'1 lssues necessary direction to respondent No'2 to decide the said applicar.ion or appeal within a stipulated time' and unril such time' if respondent }.lo.4 is not restrained from dispossessing the petitioners lrom the subject protr'erty. the petitioners will be put to suffer irreparrble loss and great hardshiP. 6. Learlred .A.ssistant Government Pleader submitt':d that the subject prcperty is situated in the scheduled area and th': petitioners are non-tril)als and respondent No.3 has rightly passed ttre impugned order. ./ \ I 5

7. Having considered the rival submissions made by the respective parties and on perusal of the material available on record, it reveals that the petitioners have filed statutory appeal invoking the provisions of Rule 8(2) of the Telangana Scheduled Areas Land Transfer Rules, 1969 read with section 3(a)(iii) of Telangana State Scheduled Areas Land Transfer Regulation I of 1959 before respondent No.2 on 07.05.2025 aggrieved by the order passed by the respondent No.3 dated 28.12.2024. Along with the said appeal, the petitioners also filed an application for grant of stay and the same is pending.

8. Taking into consideration the facts and circumstances, without expressing any view on the merits of the case, this Court deems it appropriate to dispose of the writ petition, by directing respondent No.2 to pass appropriate orders either in the stay petition or appeal filed by the petitioner on O7 .O5.2O25, aggrieved by the orders of respondent No.3 dated 28.12.2024, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order after giving notice and opportunity to the parties in the appeal and till such time, respondent No.4 is directed not to dispossess the petitioners from the subject property i.e. Ac,l-00 in Sy.No.l31 along 6 with house bearing No. 1-1-77 of Manuguru Viltage anrl Mandal' Bhadradri Kothal;udem District. 9. With the above direction, the writ petiiion is dispos':d of' No order as to c osts. Miscellaneous petitions pending, if any, shall stand closed' //TRUE COPY// SD/.P. GOWRI SHANKAR DEPIJTY REGISTRAR SECTION OFFICER To, nt, Secretariat, HYderabad

1. The Princitlal Secretary, Tribal Welfare DePa 2 The Additirlnal Agent to Govemment -cum- Proiect officer, lntegrated Develop m :nt T ribals Autho riiy (ITDA) at Bhadracha lam, Bhadr adri Kothagu de>m District Bhadrad il(othagudem District. cial De:putY bollector (Tribal Welfare), ITDA Office' Bhadrachalam'

3. The SPe 4 The Tahsi dar, It4anug ur Mandal, Bhadradri Kothagudem Distri,:t 5. OneCCto SRI tt/UM MANENI S RINIVASA RAO ,Advocate IOPUC] TRIBAL W ELFARE DEPARTM ENT ,High Cou rt for the 6. Two CCs :o GP FOR Hvd erabad [OUT] State of T,:lan(,ana at REVENUE High Court for the State of Telangana' at 7. Two CCs lo GP FOR Hyderabal [OtJTl

8. Two CD C;opies BM BS M" VACATION COURT HIGH COUR'T DATED:21 10512025 -'-- =:: .;. <) oA ?il'\H\ \.1 .,,'-.r." ,- iI ) t ORDER WP.No.15167 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @e I i./ :T ?^ a) , I