Cheepi Narasimha Rao v. 1. The State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstan@s stated in the affidavit filed therewith, the High court may be p{eased tb issue an appropriate Writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 2nd respondent in not granting stay in l.A.No. of 2025 (un-numbered) in C.M'A'No' of 2025 (un- numbered) which was filed on 24{6.-2025 as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14,21 and 3O0-A of the constitution of lndia and consequently seeking stay of all further proceedings including executircn of Proceedings LTR Case No. c/836/2O24, dated 10{6.- 2025 passed by the 3rd respondent including eviction of the petitioner from the house bearing No.5-50/2 to an extent of Ac.0.03 1/2 guntas out of Ac' 1'10 guntas in sy.No. 22811 of Penuballi Village and Mandal, Kharnrnam District in pursuance of Proceedings LTR case No. c/g36/2024, dated 1o-o6-2o2s passed by the 3'd respondent, pending disposal of cMA dated 24-06-2025 on the file of 2d respondent lA NO: 'f OF 20:25 Petition under section isl 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 all furthef proceedings including eviction of the petitioner from the house bearing No.5-50/2 to an extent of Ac.0.03 1/2 guntas out of Ac. 1.10 guntas in sy.f,to. 22811 of Penuballi viflage and Mandal, Khammam Distr.ict in pursuance of Proceedings LTR case No. c/936/2024, dated 1o-o6-2o2s passed by the 3d respondent, pending disposal of the writ petition in this Honourable Court Counsel for the Petitioner: SRl. T. VASANTHA RAO Counsel for the Respondent Nos. 1 &2: Gp FOR SOCIAL WELFARE Counsel for the Respondent Nos.3&4: Gp FOR REVENUE Counsel for the Respondent No.S: SRl. S. MADAN MOHAN RAO The Court made the following: OROER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRrT PETITION No.19809 of 2o25 OR-DER: This Writ Petition is filed declaring the action of 2,a respondent in not granting stay in I.A.No._ of 2025 (un- numbered) in C.M.A.No. _ of 2O25 (un-numbered) which was filed on 24.06.2025. 2 Heard Sri T.Vasantha Rao, learned counsel for the petitioner and learned Government Pleader for Social Welfare for respondent Nos.l and 2 and learned Government Pleader for Revenue for respondent Nos.3 and 4. Perused the record.

3. [rarned counsel for petitioner made submissions on the lines of writ affrdavit and contended tl.at petitioner is absolute owner and possessor of land measuring Ac. 1.1O guntas in Sy.No.228/1, Penuballi Village, Khammlam District, inherited through succession from his grandfather, Cheepi Narasimhulu S/o. Seshaiah, whose narne was recorded in the revenue records. Out of Ac.8.19 guntas originatly held, Ac. 1.09 guntas was acquired for Highway purposes and Ac.6.OO guntas was auctioned by Excise Department on la.O9-1967, leaving 2 NS(J w.P. No.19809 of 2025 Ac. 1.10 guntas with the family. In 2O13, there was interference by the family of the auction purchaser, which led to a suit before the Agent to Government Court, Khammam and the matter was settled through a compromise decree dated O7.O4-2OI8, confirming the petitioner's exclusive ownership. Thereafter, petitioner constructed a house and pays house tax regularly for House No.5-50/2. The land was succeeded, not transferred, and hence LTR provisions do not apply. Despite this, 5*, respondent had initiated a complaint and the sarne was numbered as LTR Case No. C/836/2O24, based on which 3.a respondent passed an ejection order dated 10.06.2025 directing 4th respondent to take over the schedule property into the custody of Government. Aggrieved by said ejection order, petitioner frled an appeal in CMA No. _ of 2O2S and a stay petition before 2nd responderit, both are pending. Still, respondents are proceeding with possession, which is illegal in view of the petitioner's long-standing and court-recogrrized ownership. Hence, this Writ petition.

4. Learned counsel for respondent No.5 hled a counter affidavit stating that respondent No.S belongs to the Scheduleri 3 NBKJ w.P. tlo.19@ of2()25 Tribe Koya community and submits that she is the owner and possessor of the house bearing Door No' 5-85/K2' along with land to an extent of Ac. O.O3% guntas in Sy'No' 228/l' situated at V.M. Banjara Village, Penuballi Mandal, Khammam District' It is submitted that she purchased the said land from Pallapothula Anasuyamma under a registered sale deed dated l4.ol.lg83forvalidconsiderationandwasputinpossession. It is further submitted that petitioner is clajming a different property, namelyiho,r". bearing Door No' 5-5012' which is located at Turpu Bazar, opposite MPDO Ofhce' Penuballi Mandal, and is not adjacent to or connected \Mith the hotlse of respondent No.5. Therefore, it is submitted that the writ petition is devoid of merit and is liable to be dismissed'

5. Learned Government Pleader for Social Welfare placed onrecordaletteraddressedfromrespondentNo.2tohirn, wherein it is stated that the petitioner has hled an appeal under the L.T.R. Act 1/59, as amended by Regulation 1/70' before respondent No.2 against the ejectment orders passed by respondent No-3 in L.T.R. Case No.C/a36/2024' dated 10.06.2025, to take over the land to an extent of Ac'O'03% 4 r{B(J w-P. No-19aO9 of ZO2S guntas (existing house) in Sy.No.22g/I, situated at penub.alli Village, Khammam District. The Appeal so hled has been admitted, assigning C.M.A.No.26 of 2025, and tJle case was posted for hearing on 24.O2.2025.

6. Upon careful consideration of the submissions and materials onlrecord, it is evident that petitioner has established a prima facie case for ownership and possession of the disputed land through lawful succession and a compromise decree. It is also noted tJ"at the Appea-l Eled by petiLioner against the ejectment order is pending before 2d respondent, along with al application seeking interim stay. [n these circumstances, allowing ttr-e respondents to proceed with possession would be premature and may r.esult in irreparable haritship to pefitioner. Therefore, the inaction of the 2nd respondent in not granting interim relief is four,rd to be unjustified.

7. Accordingly, the Writ petition IS disposed of with a direction to respondents not to take any further steps to evict the petitioner or take possession of the property until the appeal pending before the ?na respondent is finally decided. The 2"d respondent is further; directed to consider the petitioner,s 5 flaK,l w-P. rio.19809 0f 2025 application and pass appropriate orders on the appeal and stay petition, strictly in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. In the meantime, both parties shall maintain status quo with respect to the schedule properQr. There shall be no order as.to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE @PY// SD/- U. SUDHA STANT REGISTRAR SECTION OFFICER To, Khamm-am. District.

1. The PrincipaI Secretary, Department of Tribal elfare, Dr.B.R.Ambedkar Telangana, Secretariat at Hyderabad. 2. The Additional Agent to GovemmenUAPPe llate .Authority, Under Land Transfer Regulations, 1959 and as arnended, Bhadrachalam, Bhadradri Kothagudem District, The Project Officer, ITDA, Bhadrachalam, Bhadradri Kothagudem District. e. The Xgency Divisional Officer and Revenue Divisbnal Officer, Kallur, 4. The Tahsildar, Penuballi Mandal, Khammam DistriCt- 5. One CC to SRI.J. VASANTHA RAO, Advocate [OPUC] 6. One CC to SRl MADAN MOHAN RAO, Advocate. [OPUC] 7. Two CCs to GP FOR SOCIAL WELFARE,High Court for the State of 8. Two ics to GP'FOR REVENUE High Court for the State of Telangana, at 9. Tn,o CD Copies Telangana. [OUTI Hyderabad [OUTI BM .GJP '.a.b. HIGH COURT DATED:l7lO7lZ02S ORDER WP.No.19809 of 2025 0 7 BtI 2gp ',., ?' \.i ' - /),. ';r,/ -.- .l . *_ .,' DISPOSING OF THE WRIT PETITION WITHOUT COSTS v