The High Court · 2025
Case Details
Acts & Sections
Counsel for the Petitioner : SRI PANGA SIVANARAYANA Counsel for the Respondent Nos. 1 & 2: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 3 to 5 : GP FOR REVENUE Counsel for the Respondent No.6: --- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.27658 OF 2O25 ORDER: The petitioner has filed this Writ Petition seeking a rir^-ection to respondent Nos.2 to 5, more particular.,y respondent Irio.3, to conduct arl enquiry and pass appropriate orders on his pending LTR application No. Al03/2025/CHRL, dated .O1.2025, Iiled under the provisions of the Telangana Land Transfer Regulation, 1959 as amended by Regulation I of 1970 (as amended by 1 of 70) Act.
2. Sri P. Siva Narayana, learned counsel for the petitioner; learned Government Pleader for Social Welfare, for respondent Nos. 1 and 2 and learned Government Pleader for Revenue, for respondent Nos.3 to 5.
3. Learned counsel for the petitioner submits that the petitioner belongs to a Scheduled Tribe and is a resident ol an agency area. He submits that though the petitioner submitted an application seeking initiation of proceedings under the Land Transfer Regulation (LTR) against respondent No.6, who is alleged to be a non-tribal in unlawful possession of government land in Survey No. l 4615, admeasuring Ac.O.10 cents, House No. 3-78/8, - situated in Cherla Village and Mandal, BhadradriKothap Ll-ds, District, no action has been taken by respondent No.3 tlcspite repeated requests. He submits that t.he inaction of the auth..,ritrcs -.nounts to violation of the c,rnstitutional rights guaranteed under Articles 14, 2l and llO0-A of the Constitution of India, apart from being arbitrary and illegal. He further submits that registration ald reutation of names of non-tribals in contravention of the Flegulation I of 7O is causing grave hardship and insecurit_v to the Scheduled Tribes residing in the agency area, '*rho are mostly lardless poor.
4. tln the other hand, learned Government Pleaders appearing for the respondents submits that the petitioner's applic rtion IS under consideration and necessarv action will bt: taken in accordance with law within a reasonable period
5. llaving heard both sides and perused the material on record this Court finds that the grievance of the petitioner is onl_v u,ith regard to the non-Cisposal of his pending LTR application. Admittedly, the said application is still pending 3 consideration before respondent No.3.
6. Since the issue pertains to alleged violation of the rrlarlr.latory provisions of the TLrlangana LaId Transfer ' Regulation, 1959 rs :-mended by Regulation 1 of 197O, it is just and proper that the competent authority considers the petitioner's application and passes appropriate orders in accordance with law within a stipulated time' 7 . Accordingly, this Writ Petition is disposed of with a direction to respondent No.3 to consider and dispose of the petitioner's pending LTR application No' Al 03 l2025ICHRL, dated .Ol .2025, after affording opportunity of hearing to all parties concemed, strictly in accordance with law within a period of eight weeks from the date of production of a copy of this order' No costs' Interlocutory applications, if any pending, shall also stand closed. ,TRUE COPY// SD/. HMED AB DULLAH STSTANT STRAR EC TION OFFICER ariat, Saifabad, State
1. PrinciPal Secretary, Social Welfare Departmen of Telangana, HYde rabad The ITDA Project Officer' Bhadradri Kothagudem District at Bhadrachalam The AgencY Divisional Officer, And Revenu e Divisional Officer' Bhadrachalam , Bhadrad ri Kothagude m District
2. 3
4. The District Collector' Bh adradri Kothagudem District at Kothagudem 5. The Tahsildar, Cherla t\,4andal, Bhadradri Kothagudem District' -) To, - I l
6. One CC to SRI PANGA SIVANARAYANA, Advocate [OPUC] T.TwoCC:;toGPFORSOC|ALWELFARE,HighCourtfortheStateof Telangana. [OUT] B.TwoCC:;toGPFORREVENUE,HighCourtfortheStateofTelangana'
9. Two CD t)oPies PVLq HIGH COURT DATED:1210912025 ORDER WP.No.27'658 of 2025 THE SIA I o o Y * ? 3 Jill 20t6 DISPOSINIG OF THE WRIT PETITION WITHOUT COSTS * T