The High Court · 2025
Case Details
Acts & Sections
9. Ponna Srisailam, S/o. Pochaiah, Aged about 26 years, Occ. Govt. Employee, R/o. Alimpur.Village, Bachannapet Mandal, Jangaon District. ...PETITIONERS AND
1. The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The Chief Commissioner for Land Administration, (CCLA) for the state of Telangana at Nampally; Hyderabad.
3. The District Collector, Jangaon District at Jangaon. 4. The Revenue Divisional Officer, Jangaon Revenue Division, Jangaon District. 5. The Tahsildar, Mandal Revenue Office, Bachannapeta, Jangaon District. 6. Chewella Siddaiah, S/o. llaiah, Aged about 65 years, Occ. Agriculture, R/o.ltikalapally Village, Bachannapet Mandal, Jangaon District. I i
7. Chewella Swamy alias Moddu Swamy, S/o. Siddaiah, Aged about 29 years, Occ. Agriculture, R/o.ltikalapally Village, Bachannapet Mandal, Jangaon District.
8. Chiluka Balaiah, S/o. Peddulu,Aged about 62 years, Occ. Agricutture, Rl/o. Katkur s/c. Solamail Village, Bachannapet Mandal, Jangaon District.
9. Chevella Swamy alias Bakka Swamy, S/o. late Siddaiah, Aged about 28 years, O<;c. P!,t. Employee, R/o.ltikalapally Village, Bachannapet [tIandal, . Jangaon t)istrict. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances :;tated in the affidavit filed therewith, the High Court may be pleased to issur> a writ, order or direction more particularly one in the nature of WRIT OF MANI)AIUUS declaring the action of the Sth respondent in continuing the lands of ther petitioners in prohibitory list under the guise of enquiry being conducted by the Sth respondent contrary to the orders of Special Tribunal in Appeal No.1/2025t2O19, dated 30/01 t2021 and Appeal No.1/237812018, dated 0110212021, in respect of lands admeasuring Ac.30.01 gts in Sy.Nos.147, 148 and 149 situated at ltikalapally Village, Bachannapeta Mandal, Jangaon District as illegal, arbitrary, null and void and consequently direct the official respondents to release the above lands of the petitioners from the prohibitory category. lA NO: 1 OF 2025 Petition urder Section 151 CPC praying that in the circumstances stated in the affidavit filerl in support of the petition, the High Court may be pleased to direct the officiill respondents to delete the lands of the petitioners from the prohibitory categyory in respect of lands admeasuring Ac.30.01 gts in Sy.Nos.147, '148 and 149 situated at ltikalapally Village, Bachannapeta Mandal, Jangaon District, pending finalization of the Writ Petition. Counsel for the Petitioners : SRI JALLI KANAKAIAH, Rep, SRI NARENDAR JALLI Counsel for the Respondent Nos. 1 to 5: SMT. T. SWETCHA, AGP FOR REVENUE Counsel for the Respondent Nos. 6 to 9:-- The Court made the following: ORDER \i, I ' THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRTT PETITION No-27t164 of 2O2S ORAL ORDER: Heard Sri Jalli Kanakaiah, learned Senior Counsel representing Sri Jalli Narendar, learned counsel for the petitioners and Ms.T.Swetcha, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 5.
2. A perusal of the record would reveal that respondent No.S has filed an appeal under Section 58 of the The Telangana Rights in Land and Pattadar Passbooks Act, l97l (hereinafter, referred to as the 'RoR Act'), before the concerned Revenue Divisional Officer. The appeal was transferred to the Special Tribunal, Jangaon District, which, vide order dated 30.01 .2021, dismissed it on'the ground that it was barred by limitation and advised respondent No.S to approach the competent Civil Court for redressal of his grievance. Likewise, respondent No.7 has also filed an appeal under Section 58 of the RoR Act, which was similarly transferred to the Special Tribunal, Jangaon District. The Tribunal, vide order dated 01.02.2021, disrnissed the appeal on the ground that it was barred by limitation and advised t- Z 1 respondent No.7 to approach the cornpetent Civil Court for redressral of his grievance. i
3. 'the learned Senior Counsel for the petitioners submits that there is no challenge to the aforesaid two orders of the Special Tribunal, Jangaon District, and that the said orders have attained finalit1,
4. llespondent Nos.6 and 7 filed W.P.No.36835 of 2024 seeking to declare the action of the Additional Collector, Jangac,n District, in not implementing the enquiry report of the TahSilrlar, Bachannapet Mandal, dated 21.02.2024, in respect of the subject property therein, as illegal. Vide order dated
31.12.?-024, this court disposed of the said writ petition, directing respondent No.3 to exatnine the issues, duly taking into consideration the report dated 21.12.2024 of the Tahsildar vide proceedings No.B/223612019, after issuing notice to all the effecte'd and interested parlies, and to pass orders within a period of thre'e months. In compliance with the said order, respondent No.3 tras issued a notice. Challenging the same, the petitioners filed \V.P.No.269 of 2025. Vide order dated 06.01 .2025, this t I ' ..-.':.ri:3,:,' i 3 Court disposed of the said writ petition, directing the Tahsildar, Bachannpeta Mandal, to conduct an enquiry, duly taking into consideration the documents enclosed by the petitioners, and after providing an opportunity to the petitioners as well as the unofficial respondents in the said writ petition, pass appropriate orders in accordance with law, by following the guidelines issued by the Full Bench of this Court in Chinnam Panclurangam v. Mandal Revenue Officerl, and conclude the enquiry as early as possible, preferably within a period of three months from the date of receipt of a copy of the order. Till such time, the parties were also directed to maintain status quo as on the date of the order, in all respects.
5. The learned Senior Counsel for the petitioners submits that the petitioners have appeared before respondent No.5 and submitted all the relevant documents along with their contentions. Vide order dated 06.01.2025 in W.P.No.269 of 2025, this Court directed respondent No.5 to complete the enquiry within a period of three months from the date of receipt of a copy of this order. Even then, respondent No.5 has not t; 2008 AP 15 4 6: ':- passed any orders. It is further submitted that in view of the direction of this court to mainta in status quo ason the date of the szrid order, the petitioners' property is mentioned in the Iist of prohibitory properties. The said status quo order was onry for three rnonths. Therefore, a direction may be given to respondent No.5, to pass appropriate orders in terms of the order dated 06.01 .2025 in W.p.N o.269 of 2025. 6' In the light of the aforesaid discussion, notice to reslrondent Nos.6 to 9 is dispensed with. .i. 7' "A'bcordingry, the writ petition is disposed of directing resprsndsnt No.5 to pass orders in terms of the order dated 06'C r '2025 in w.p.No.2 6g of 2025, within a period of one month frorn the date of receipt of a copy of this order. Respr.ndsnt No.5 shail consider the contentions of the petitioners as u'eil as respondent Nos.6 to g. He shalr arso take into consideration the orders dated 30.01 .202rand 0 r.02.2021 passed by the Speciar Tribunar, Jangaon District, wherein the Speciar Tribunal, whire dismissing the appears fired by respondent Nos.7 and 8 as ba*ed by limitation, advised them to approach the \., a I i 5 competent Civil Court for redressal of their grievance. Till such time, status quo order granted by this court vide order dated
06.01 .2025 in w.P.No.269 of 2025 shall continue. There shall be no order as to costs As a sequel, miscellaneous petitions pending, if any, shall stand closed. /TRUE COPY/ . M. NAGAMANI T REGI TION OFFICER To,
1. The Principal Secretary, Revenue Department, Telangana, HYderabad. at, The State of
2. The Chief Commissioner for Land Administration, (CCLA) for the state of Telangana at NamPallY, HYderabad.
3. The District Collector, Jangaon District at Jangaon' 4. The Revenue Divisional Officer, Jangaon Revenue Division, Jangaon District' 5. The Tahsildar, [Vlandal Revenue Office, Bachannapeta, Jangaon District. 6. One CC to SRl. NARENDAR JALLI Advoca.te [OPUC] 7. Two CCs to .GP FOR REVENUE ,High Court for the State of Telangana'
8. Two CD CoPies PVL GJP MMT l i I t , I I I) \ \ HIGH COIURT DATEth7010912025 ORDER WP.No.2'7064 of 2025 I .;. SItt 3 ?1 JrN ?$2[ * stsA1{l 't DISPOSING OF THE WRIT PETITION WITHOUT COSTS nB l,t &$