The High Court · 2025

Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction' decraring the Notice issued by the 'r st respondent herein in L.T. R. case No- 3412016iMGR, Dt' 28.12,016 as per the provisions of Ap schedure Areas Land rransfer Reguration -r g5g as Amended Act 1 0f 1 g70 as iregar. arbitrary, unreasonable' without jurisdiction' and violative of Articles 142 and 300-A of the a consequential direction to the respondents Constitution of lndia '^o'ltt'; t scheduled Areas Land herein to forbear f,". ,pp;i;; the provisions 1 : Transfer (Amendment) *"n''"'"" 1970 or the Rules made there under to the Singaram Village' Manuguru Mandal' Bhadradri immovable properties "*n'' Kothagudem District' l.A. NO:'t oF 20 17(wPMP. NO: 3958 oF2o'17 Petition Under Section 151 CPC praying that in the circumstances s the affidavit ,teo in support of the petition, the High court may be ple grant stay of all further proceedings in pursuance of the Orders dt 28- passed in L T R' Case No 34/20.16/trilGR on the file of 1st respondent' disposal of the above writ petition I.A.N O:1 O F 2014 tated in ased to 12-2016 pending Between: Kaka Eswaramma. w/o. Laxmaiah, occ Agricurturar crcIie, R/o. samithisingaram }ilH.iii;iluiu rvranoar, arlio raori Kothag udem District' . "'PETITIONER/RESPONDENT No'7 AND I The Soecial Deputy Collector' Tribal Welfare Department' l T D'A ' Bffi i,;;h;l;; "shloraori Kothasudem District 2 The Addl. Aqent to the Government & Prolect Officer' ITDA' Bhadradhalam' - Bhadradri K6thagudem District 3. The Agent to Government cum District Collector' Bhadradri' Kothagudem District, Kothagudem.

4. The. State of Telangana, rep by its Secretary' Tribal' Welfare Department' Secretariat. HYderabad.

5. The Revenue Divisional Officer, Bhadrachalam Revenue' Division' - BiAdrachatam, BhadradriKothagudem District. 6. The Tahsitdar, tt4anugur l\Iandal, Manugur, Bhadradri Kothagudem DiSkiCt. 'ffii,"lAil,if fl?,,H??fJiJ3[:1ill,,,y,11;',fi T,i j:H:.:j]?l^3,",:Ji?:,; ..... RESPONDENT/PETITIONER I w petition Under Se "^"":;".:=,,,I,,",].,n. in the circumstances srated in High court may be pleased to the arridavit rir"d;;;;:t:;::;:'rffl:':^]i vacate the lnterim orders ;:;::,l,:;il ffi ,,T1T;:, :iiT x il:1il,:l ;1.xu;r; Counsel for the petitione r: SRI P.VISHNUVARDHANA Counset for the Respondent Nos.1 to 4 : Gp FOR SOCIAL WELFARE Counsel for the Respondent Nos.S & 6 : G.p FOR REVENUE Counsel for the Respondent No.7 : SRI p.V.RAMANA The Court made the following ORDER REDDY THE HON'BLE SRI JUs TIC ENAG ES HB HE KAA TPE TITI ON No .33 28 OF 20 L7 oRDER: 34 l201,6IMGR' dated 2a'12'2o16'issued The present writ petition is filed seeking a -' : ^^^f ia., a writ of Mandamus declaring the proceedings initiated under L'T'R' Case No' by respondent No 1 under the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 as amended by Reguladon I of 197O' as iilegal' arbitrary, and without jurisdiclion' and consequently to direct the respondents to forbear from applying the said Regrlation to the lands situated at Samithi Singaram Viliage' Manuguru Mandal' Bhadradri Kothagudem District' 2. Heard Sri P' Vishnuvardhana Reddy' learned counsel for the petitioner; learned Government Pleader for Social Welfare for respondent Nos l to 4; learned Government Pleader for Revenr're for respondent Nos'5 and 6 and Sri P'V' Ramana' learned counsel for resPondent No'7' karned counsel for the petitioner submits that the subject 3. land i.e. Ac.o.o4 suntas in Sy.No.3I4/221 situated in Samithi Singaram yillage, Manugur Mandal, Bhadradri Kothagudem District, l 2 .t ,:. ts not part of a Scheduled Area as per Constitution Order 26, dated 07.12.1950 issued by the president under paragraph 6 of the V Schedule of the Constitution. He submits that the Samithi Singaram Village falls under the Burgampahad Taiuk, which was not included in the Schedule to C.O.26 of 195O. He submits that the Manuguru Mandal was upgraded as a Municipality in the year 2OOS, which implies that it cannot be treated as part of a scheduled Area under Article 243-ZC of the Constitution. He submits that the Land . Transfer Reguiations (LTR) provisions are only applicable to Scheduled Areas, and since thc land is not in such an area, the LTR proceedings are without jurisdiction. He submits that the unofficial respondent has no valid title to the subject land and has initiated proceedings only to harass the petitioner. He further submits that the LTR order was issued without proper opportunity or hearing to the petitioner, violating the principles of natural justice.

4. Learned Government pleader for Social Welfare submits that the impugned LTR proceedings were initiated against the petitioner in accordance with law, based on the complaint filed by the unofficial respondent. He further submits that an alternative remedy of appeal exists before the project Officer, ITDA, Bhadrachalam, and the petitioner has not exhausted that remedy. Therefore, the writ petition ,' '7' I I : t is not maintainable under Article 226 of the Constitution at this stage.

5. On consideration of the materiai placed on record' this Court hnds that the petitioner has raised substan[ial questions regarding the jurisdiction of the LTR authority' particuiarly whether Samithi Singaram Village forms part of the Scheduled Area as defined under the Constitutional Orders and the Regulation- The petitioner has placed reliance on multiple judicial precedents including W P'No' 1413 of 1973, W'P' No' 37331 of 2O]r2' and others' where similar vil1ages were heid to be outside scheduled areas. However, the petitioner has an effective and statutory alternativc remedy under the LTR Regulation by way of an appeal before the Additional Agent to the Government and Project Oflrcer, ITDA, Bhadrachalam.

6. In light of the above' this Court is not incline<l to entertain the However, the petitioner is at liberty to hle Writ Petition at this stage' an appeal before the competent appeilate authority within a period of four (4) weeks from the date of receipt of a copy of this order' If such an appeal is hled within the prescribed time' the appellate authority shall consider the same on its own merits and in accordance with 1au,, after affording reasonable opportunity of hearing to both the petitioner and unofhcial respondent. Till hling of such appeal, the interim order granted on O1.O2.2O77 by this Court shall continue. 4 7 COStS. Accordingly, the Writ petition is disposed of. No order as to Miscellaneous shall stand closed. tions' if anY' pending in this writ Petition, ') //rRUE coPYtt SD/-P, PONNA KRISHNA ASSISTANT REGISTRAR A SECTION OFFICER / "1" " "''' "' The Special Deputy Collector, Tribal Welfare Department.. t.T.D.A., Bh a d ra c h a I a m, B h i d ra d ri K o r h a g;; e ; D L-t r-i The Addl Agent to the Governm6nt & proleciiifficer, tTon, Bhadradhatam. Bhadradri Kothagudem District. lfe fOent to Government cum District Coilector, Bhadradri, Kothagudem District, Kothagudem. The Secretary, Tribal, Welfare Department, Secretariat, State of Tetangana at Hyderabad. The Revenue Divisional Officer, Bhadrachalam Revenue, Division, Bhadrachalam, Bhadradri Kothagudem District. The Tahsildar, Manugur Mandal, lvlanugur, Bhadradri, Kothagudem District. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] One CC to SRI P.VISHNUVARDHANA REDDY, Advocate [OPUCj One CC to SRI P.V.RAMANA, Advocate [OPUC] Two CD Copies To

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5. b. 7. B. o '10 11 SA BS W I t ! I : I I { 1 t I I I t i ! 1 I I I I C.T C. oD HIGH COURT DATED:1 5t}gt2025 . ,:'. .,rt ,..-:':-Z'=::-.-._ -. .. -_, ,.-;.;'ii\i; -.:,\. --.' ' t'...--. /,/ r, )' _,r -) i:l 1i 5t? t6 \'j'1., i.'" -u ":.-!is+:;;i{}.'' ,ai *'S .::i.)'...f -_.::|l-_=l:--;r- ' ORDER WP.No.3328 of 2017 a DISPOSING OF THE W.P WITHOUT COSTS. f-t h(t \(-/ \g u) 0\