The High Court · 2025

Judgment

1. 2 3 4 E b Jl9 ,lgd-itiTal,Agen-t to covernment, Project Officer, |TDA Bhadrachatam, Bhadradri - Kothaqudem District. The Special D_epu-ty Collector, (Tribional Welfare), Bhadrachatam, Bhadradri - KOrnagudem utstrict. Vajja Laxminarqyplq, q/o.. Papaiah, Major, R/o Narasimhasagar Viflage. Palvoncha l\Iandal, Bhadradri -Kothagudem District. 5,1.1.ng18 Banjaru, .S/o. .Bakkaiah, Nlajor, R/o punukata Viilage, patvoncha Mandal, Palvoncha Mandal, Bhadradri -Kothaqudem Distrrct The Tahsildar, Palvoncha Mandal, Bhadradri kothaqudem Drstrict. Ilg SJatg of Telangana, rep. by its principat Secretiry Revenue'Oepartment, Secretariat, Hyderabad ...RESPONDENTS Petition under Article 2% of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hrgh court may be pleased to issue a writ of Mandamus or any other appropriare writ declaring that the action of the 1st respondenuappellate authority in not numbering and granting stay rn our appeal in c.M.A.No. of 2025 dated 04.07.2025 is arbitrary and iilegar and direct the 1"t respondent -appellate authority to adjudicate the said appeal on merits and further direct that the petitioners shall not be elected/evicted from the subject land admeasuring Ac. l0-00 in Sy.No.81/61 (81/61A) situated at p ayakari Yanambilu village, Palvoncha Mandal, Bhadradri - Kothagudem District ti the disposal of the appeal before the 1"t respondent lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the r; -cumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to grant stay of execution of the ejectment order passed by re 2nd respondent in LTR Case No.3 of 2O25|PVC (ejectment order in respect cf the land admeasuring Ac.10-00) in Sy No.81/61 (81/61A) situated at Payakr i Yanambilu village, Palvoncha Mandal, Bhadradri - Kothagudem District, pe rding disposal of the writ petition

Counsel for the Petitioner: SRI VEOULA VENKATA RAMa {A SENIOR COUNSEL REP M/S. BHARATI VAJ ASSOCIATES Counsel for the Respondent Nos. 1&2: GP FOR SOCIAL \^ ELFARE Counsel for the RespondentNos. 5&6: AGP FOR REVENI E Counsel for the Respondent Nos. 3,4:- The Court made the following: ORDER I I l{ * t THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETTTION N0.19656 of2o.25, ORDER: This Writ Petition is liled declaring the action of I st respondent/appellate authority in not numbering ald granting stay in C.M.A.No. _ of 2O2S (un-numbered), which was filed on 04.O7.2025. 2 Heard Sri Vedula Venkata Ramana, learned Senior Counsel representing M/ s Bharadwaj Associates, learned counsel for petitioners and learned Government pleader for Social Welfare for respondent Nos. 1 and 2. perused the record

3. Learned counsel for petitioners made submissions on the lines of writ affidavit ald contended that petitioners are the absolute owners and possessors of Acs. 10.00 g.untas out of Acs. I2.26 guntas in Sy.No.8l/61, situated in payakari Yanambilu Village, Palvoncha Mandal, Bhadradri Kothagudem District. Respondents 3 and 4 filed LTR Case No.3 of 2O25 before the 2"d respondent, alleging that the petitioners are non_ tribals and their possession violates the Scheduled Area Land Transler Regulations of 1959 and 197O, seeking their eviction. 2 NEKJ W.P. No.t96S6 of2025 It is stated that the sale occurred prior to t : : enfor.cement of Regulation No. 1 of 1959 and Regulation No.3 of 1970, and is therefore not hit by the said Regulations. F[r wever, by order dated 15.o5.2o2s, the 2.,r respo,dent directel their eviction. Aggrieved by the same. petitioners filed al appeal (C.M.A. No._ of 2025) atong with I.A.No._ of 2025 seeking stay, before the l"t responden t on 04 .OZ .2025. As tttl aopeal has not been numbered and the stay petition not cons;i iered, ttrey fear imminent eviction. Since the appeal is a cor.1 inuation of the original proceedings and no action has be :n taken, the petitioners have filed this Writ petition.

4. karned Governmenr pleader for Social Wr [fare placed on record a lctter dated r 6.07.2025 addressed f,- ,,.1 respondent No.1 stating that the petitioners have filed an ap ceal under the L.T.R.Act 1/59, as amended by Regulation l/ZO, before respondent No. I against the ejectment order dat:d 15.05.2025 in L.T.R.case No.3/2025/pvc, seeking restorati) r of Acs.I2.26 guntas in Sy.No.Bl161 (Bl/61/A) at paya.l< riyanambaitu It is further stated t tat Kasimalla the lower court oI the Spl. Dy. village, Palvoncha Mandal. BaJaraju, a respondent in 3 NBKJ w-P. No.19656of 202s Collector, Bhadrachalam, filed an appeal on 30.06.2025 against the same order (respondent No.4 in W.P. No.19656 of 20251. Since the subject matter and parties are identica,l, the petitioners' appeal has been clubbed with C.M.A.No.27 of 2025, and the case is posted for hearing on 24.07 .2025 before the Court of the Additional Agent to Government, Bhadrachalam.

5. Considering the submissions and the material on record, it is evident that the petitioners have filed a appeal against the t ejectment order dated 15.05.2025 and have also sought stay of the eviction. However, the appellate authority has neither numbered the appeal nor considered the stay application, thereb_v causing undue hardship and exposing the petitioners to the risl< of eviction. Since the appeal is continuation of the original proceedings, the appellate authority ought to have taken timely action to maintain the status quo. In view of the above, the failure to number the appeal and to consider the stay petition amounts to a procedural lapse warralting intervention by this Court.

6. Accordingly, the Writ Petition is disposed of with a direction to respondent No. 1 to number the appeal. The 1't \ 4 N8t(J W.P. No.19556of2025 f respondent is further directed to conside - the petitioner,s application and pass appropriate orders on th,: stay application, stricfly in accordance with law, within a pr: iod of four (04) weeks from tl.e date of receipt of a copy of i. Lis order. In the meantime, both parties shall maintain status 1uo with respect to the schedule propert5r. There shar be no orir r as to costs. Miscellaleous applications, if any pen<I ng, shall stand closed. SI]'-M. OSMAN ALI BAIG AIS JISTANT REGISTRAR //TRUE COPY// . SECTION OFFICER \ 9 / * To,

1. The Additional Agent to Government, Proiect Officer, l' DA Bhadrachalam, Bhadradri - Kothagudem District. Kothagudem District.

2. The Special Deputy Collector, (Tribional Welfare), Bh;r lrachalam, Bhadradri - 3. One CC to M/S. BHARADWAJ ASSOCIATES, Advoc rte [OPUC] 4. Two CCs to GP FOR SOCIAL WELFARE ,High Court 'or the State of Telangana at Hyderabad [OUT]

5. Two CCs to GP FOR REVENUE High Court for the St rte of Telangana, at Hyderabad [OUT]

6. Two CD Copies BM BS HIGH COURT DATED:2510812025 '1t I \ C(, 1t r N 2[28 * c l.- ,/ ORDER WP.No.19656 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS k i *, i* I 1 : : : I : i t i I \o