The High Court · 2025

Petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith,-ff," uigr., c";,1 ;ry u"-pr"rr"o to issue an appropriate writ, order or direction, more particurarry one in the nature of writ of mandamus rearning the action oi relponoent No. s in conoucting panchanama Dt- 10-04-2025 without issuing notice ano action of respondent No.3 in passing common order in cMA No. i&zizi2"o 3112022 dated 18-10-2024 direct,ng to restore the name of respondent r.ro.o in respect of the petitioners, 'r.rl property i.e H. No. 3-1 237t3,3-1_236,3_j_j63, 3_1_236t1A s r_iaztan] r_i 1-2371A, H. No 3-1-23513. .situated in sy. r.io. s2r4 of Vidyanagar corony of chunchupa'i Vi'age and Mandar, Bhadradri kotnaguoem, without issuing any notice and without addinq the,petitioners oeing pioper and necessary parties as illegal, arbitrary, impropei,- and in vioration ot 'prin.ipr". of naturar justice and in vioration of articres 14' 1g' 21 and goo-n ri ile constitution of rndia and consequentlv to set aside the common order in cMn No. 3or2or2 -a'ci,,li rrr" 3112022 passed by respondent No.3 and ."ir.io" i'r," panchanama dt 1o_o4_2024 conducted by respondent. No.3 e_ IA NO: 1 OF 2025 Petition under Section.lij CpC praying that in the circumstances stated in the affidavit fired in support of the p-etition, t'n""Hiln'cor.t may be preased to direct the respondent 2 to 6 not, to interfere witn tne fiossession and enjoyment of the property of the petitioners brearing H. No. 3-1-23i n-, lr-zsa,3-1-.163, 3_1_236/1A, 3-1-237t3A, H. No 3-1_237,1A,.i r.fo C-i_Z.sl3,iituateO at Vidyanagar Cotony, chunchuparri N/andar. Bhadradri xottraguoem Tetangana by suspending the operation of Panchanama report dated 10-04-2025 and common order in c l\rlA No' 3012022 and 3ir2o22 on the fire of Addr. Ag;nt to Government, Bhadradri Kothagduem, pending disposal of the main wiit p;t,ii;" lA NO: 2 OF 2025 'o"istiict, Between: Bhukya Hari, S/o Teeku, Chunchupalli village and mandal, Bhadradri Kothagudem district. AND ...PETITIONERYRESPONDENT NO.6 IN WP 1 Jinugu Flarance Viiavakrrmari,_W/o Victor,nge 7l years. occ house hold. R7o H. No. 3-1-237i3'Vidvl vruvaflaQar uolony. chunchupalli l\rlandal, enaorioii t<oinaguol; otltii"i,

2. {\/anikyala Padmavathi, W/o Srinivasarao, Age 49 years, occ Govt Employee, H. No. 3-1-236, Vidyanagar Colony, Chunchupalli lVandal, Bhadradri Kothagudem district

3. Bagam Madhavarao, S/o Narayana, age 60 years, Occ Rtd., Employee, R/o H. No. 3-1-163, Vidyanagar Colony, Chunchupalli Mandal, Bhadradri. Kothagudem district.

4. Morisetti Suvarna, Wo Hari, age 73 years, Occ, house wife, Rl/o H. No. 3- 1-236114, Vidyanagar Colony, Chunchupalli lVlandal, Bhadradri Kothagudem district.

5. Rajakishore Urmila, Wo Rajakishore, age 60 years, Occ house hold, R/o ' H. No. 3-1-23713A, Vidyanagar Colony, Chunchupalli t\/andal, Bhadradri Kothagudem district.

6. IValoth Suresh Babu, S/o Rarndas, age 40 years, occ teacher, R/o H. No. 3-1-23714, Housing Board Colony panda Chunchupally [Vlandal, Bhadradri Kothagudem district

7. Kanumuri Chandu, S/o Thirupathaiah, age 46 years, Occ Pvt Employee, Rl/o H. No. 3-1-23513, Vidyanagar Colony, Chunchupalli Mandal, Bhadradri Kothagudem district B. Nannapuneni Vijayalakshmi, W/o Hanumantha rao, Age 45 years, Occ Private employee, Vidyanagar Colony, Chunchupalli Mandal, Bhadradri Kothagudem district.

1.The State of Telangana, Rep. by its Principal Secretary Tribal Welfare department, Secretariat, Hyderabad

2.The District Collector, Office at Kothagudem, Bhadradri Kothagudem District ...RESPONDENT/PETITIONER IN WP

3.The Additional Agent to Government, Bhadrachalam, Bhadradri Kothagudem District.

4.The Special Deputy Collector (TW), Bhadrachalam, Bhadradri Kothagudem District 5.The Tahsildar, Chuchunpalli lrlandal, Bhadradri Kothagudeim District. I ,..RESPONDENTS/RESPONDENTS IN WP Petition under Section 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased pleased to Vacate the lnterim Order dated: 13lOGl2O25 passed in l.A. No: 1 o'f 2025 in W.P. No: 16093 o'f 2025 Counsel for the Petitioner: SRl. G RAVI CHANDRA SEKHAR Counsel for the Respondent Nos.1 to 5: GP FOR SOCIAL WELFARE Counsel for the Respondent No.6: SRI D. THARUN KUMAR The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA II/RIT PETITION No.16093 OF 2()25 ORDER:- 1. This Writ Petition is filed seeking an order in the nature of Wnt of Mandctmus declaring the action of respondent No.5 The Tahsildar, Chunchupalli Mandal, BhadradriKothagudem District, in conducting Panchanama dated 1.O.O4.2O25 without issuing notice and action of respondent No.3-Additional Agent to Government, Bhadrachalam, BhadradriKothagudem District, in passing common order in CMA-Nos.3O and 31 of 2022 dated

18.10.2024 clirecting to restore the name of respondent No.6 in respect of petrtroners properties i.e., H.No.3-1 -237 /3.3-1-236, 3 1- 163, 3-r-236/tA, 3-r-23U 3A, H.No.3-r-237 /A, H.No.3-1-23513 situated in S_r.-No.52/4 of Vidyanagar colony, Chunchupalli Village and Mandal, BhadradriKothagudem District, without issuing any notice and r,i,ithout adding the petitioners as proper hnd necessary parties, as illegal and arbitrary and co.nsequently requested the Court to set aside the sarne.

2. Heard Sri G.Ravi Chandra Sekhar, learned counsel for the petitioners, Iearned Government Pleader for Social Welfare representing the respondent Nos. 1-5 ald Sri D.Tharun Kumar, learned counsel for respondent No.6. Perused the record.

3. The brief facts of the present Writ petition are that the petitioners are alleged to be the owners and possessor of land in 2 Sy.No.5"/4 having purchased the same from their vendors lhrough unregistered sale deed by paying valid sale consideration and have constructed pucca houses and paying house taxes to the Gram Panchayat and also obtained electricity connection to their houses and are iiving in peaceful possession of the subject property. The respondent No.6, without making the petitioners as a party to the proceedings in CMA.Nos.30 and 31 of 2022, obtained orders dated

18.10.2024. Pursuant to the said orders, the respondent No.5 conducled panchanama in the presence of panch witnesses and submitted a report dated 1O.04.2005 directing to evlct the persons rvho are in possession of the land to an extent of Ac.\.22 guntas in Sy.No.52/4 situated at ChunchupalliViilae and Mandal, BhadradriKothagudem Distrrct and to hand over the same to the 6,h respondent. Based on the said report, the 6th respondent is approaching the subject property everyday and is tryrng to evict the petitioners forcefully from the subject property and clemolish the same, rvhich is illegal and arbitrary. Hence, the petittoners approached this Court by way of filing the present Writ Petition.

4. Learned counsel for the petitioners would submrt that the vendors of the petitioners purchased the subject property from the legal heirs of Bhukya Darsu. It is submitted that Bhukya Darsu and Bhukya Tulsya are brothers. The legal heirs of Tulsya had also acknowledged the sale of their respective shares and the issue rvas settled amicabiy in O.S.No.2 of 1998 and there was no land -., 3 remaining to Tulsya or his legal heirs. It is stated that the petitioners' vendor Darsu got the subject property on 15.12.1965 along ',vith his brother Tulsya and land to an extent of Ac_9.15 guntas fell to his share and after the demise of Tulsya, his son Bhukya Ramji and wife Bhukya Chandramma filed a suit in O.S.No.2 of 1998 against the defendant Nos.4, 5 & 6 in the sard suit who purchased the land to an extent of Ac.O.10 guntas through an Agreement- of-Sale dated O 1. 12.1969. The sard suit was ended with compromise before the Court of Agency Divisional Officer, Kothagr-rdem. As per the terms of compromise, the suit schedule propcrty is part and parcel of Sy.No.Sl/ 4 aod 52/4 situated at Chr-rnchupally Village.

5. It is further submitted that the 5rh respondent herein filed an LTR case before the Special Deputy Collector, Tribal Welfare, Bhadrachalam against one of the grandsons ofr Tulsya i.e., respondenL No.6 and another vide Case No.36 of2019 and the said Authority rvas pleased to pass an ejectment order dated O9.O2.2O21 in respect of land to an extent of Ac_2.15 guntas in Sy.No.52/4, si[uated at Chunchupally Village and Maldal, Bhadrachalam Distrrct. Aggrieved by the same, the respondents filed CMA.Nos.3O & 3l of 2022 before the 3d respondent and the

3.d respondent passed orders dated lB.lO.2O24 directing the Srh respondent Tahsildar, Chunchupally Mandal, to restore the land to an extent of l,c.l.22 guntas to the legal heirs of Bhukya Tuisya 4 under cover of Panchanama as the remaining extent of Ac. 1.03 guntasout ol Ac.2.25 guntas do not attract the LRT provisions. Pursuant to the said orders, the 5th respondent conducted a panchanama on 70.04.2025 without issulng any notice to the petitioners herein and the 6threspondent is attempting to clispossess the petitioners with the aid of 5rh respondent and obtarned orders in collusion with respondent No-5 without impteading the petitioners as parties to the proceedings which ts illegal and arbitrary and therefore prayed to set-aside the common order passed by the 3'a respondent and to suspend the operatlon of panchanama dated 10.04.2025 conducted by the 5th respondent.

6. On the other hand, Iearned Government Pleader for Social Welfare representing the respondents would submit that as per Teensal Pahani, Bhukya Tulasya is the pattedar of the land situated in Sy.No.52/4 to the extent of Ac.2.Q5 guntas of Chunchupalli Viliage and Mandal and after that, the land to an extent of Ac. i.03 guntas situated in same survey number, got registered in the name of SambaniBalayuogiraju from Bhukya Tulasya ancl sons vide registered document No.66/ 1970 dated 28.Ol.lg7O from Sub-Registrar, Yellandu. As such, the transaction over the land to an extent of Ac. I .03 g'untas in Sy.No.52/4 of Chunchupalli Village do not attract the provisions of A.P-(S.A) LTR 1/59 r/w. regulation 1970. The remaining extent of land to an extent of Ac.7.22 guntas from out of Ac.2.25 gr-rntas in 1 t wP16C93 2025 Sy.No.52/4 is reslorable to Bhuga Tulasya in Sy.No.31 of 2022. Therefore, the 3'd respondent passed orders directing the 5th respondent to evict the persons who is rn possession of the said extent of Ac.l.22 guntas srtuated in Sy.No.52/4 and to restore the same to the legal heirs of Bhukya Tulasya under cover of Panchanama. Pursuant to the same, the 5rh respondent conducted a Panchanama in the presence of panchas and handed over an extent of Ac.0.31 guntas out of Ac.1.22 guntas in Sy.No.52/4 to the respondent No.6. Hence, there is no illegality committed by the 5th respondent in conducting the said Panchanama and the same is in accordance ri.,ith law.

7. Hence, this Court does not find any reason to set,aside the impugned common order passed by the 3'd respondent in CMA.Nos.3O and 31 of 2022 and aiso the impugned panchanama dated 1O.04.?025 conducted by the 5rh respondent qs the same is in proper perspective. If at ali the petitioners are aggrieved by the said orders, they can tjle a Revision before the appropriate Authority within a penod of 60 days from the date of order passed by the 3.d respondent. But the petitioners without availing the said remedy, directly approached this Court and filed the present Writ Petition. As such, the present Writ petition is liable to be disposed of in terms of the above. 6 B. [n the result, the Writ petition is disposed of giving liberty to the petitioners to file a Revision before the appropriate forum within a period of one (1) month from the date of receipt of a copy of this order. Till such time, the status-quo existing as on today shall be maintained by both parties. There shall be no order as to costs.

9. Miscellaneous petitions pending, if any, sha11 stand closed //TRUE COPYII SD/- 5 . OSMAN ALI BAIG TANT REGISTRAR . I ECTION OFFICER To, 1 2 3 4 6 7 B. r&^s TKS The Principal Secretary Tribal Welfare department, Secretariat, Hyderabad The District co'ector, office at Kothagudem, Bhadradri Kothagudem District TherAdditional Agent to Government, Bhadrachalam, Bhabradri Kothagudem Deputy Coilector (TW), Bhadrachatam, Bhadradri Kothagudem I[?ri.?".,", The Tahsildar, Chuchunpalli lvlandal, Bhadradri Kothagudem District. One CC to SRt. G RAV| CHANDRA SEKHAR Advocate tOpUCl One CC to SRt D. THARUN KUMAR Advocate tOpUCl Two CCs to Gp FOR SOCTAL WELFARE ,High Court for the State of I elangana. [OUT] Two CD Copies HIGH COURT DATED:0510812025 ORDER WP.No.16093 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS , r1F- S,-4 16: 1E SEPm (( \i 'r' 7 o t