High Court · 2025

6. The Tahsildar, Tekulapally, Bhadradri Kothagudem District 7. Thelika Padmavathi, W/q,.S3lyalagyana non Tribe (NT) R/o H.No.BC_104. S Kama-mpati chandra shakar, s/o: Venkateswar Rao, Aged about. 5g years, pc.c. Asricurrure Fr/o chinthuti chereka sindaini r.riiji;iei"6Jri, viriilr,' Tekulapally, Bhadradri Kothagudem Disirici--' ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particularry one in the nature of writ of Mandamus decraring the action of the respondent No.6 in not issuing the pattadar pass book as per the New Dharni portar Law which is ifiegar, arbitrary and unjust against the Article 14, 21 and 300-4 of the constitution of India and arso against the principle of natural justice and consequently direct the respondent No.6 to issue the new pattadar pass book to the petitioner herein in Sy. No.303/2/84/'16 to an extent of Ac.10.30 gts situated at Vajjonigudem Village of Tekulapalti Mandal, Bhadradri Kothagudem District in place of old pattadar pas book vide Patta No.B 16 under '13 (B) Section of the Old Act. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the respondent No.6 to protect the petitioners land in Sy.No.3o312184116 lo an extent of Ac.10.30 gts situated at Vajjonigudem Village of Tekulapalli Mandal, Bhadradri Kothagudem District from the hands of the respondent No.B by providing police aid to the petitioners land, pending disposal of the above writ petition. 1A NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the in action of the respondent No.'1 in not granting the interim orders in favour of petitioner in Sy.No.303/84116 to an extent of ac.10.30 gts situated at Vajjonigudem, Gangaram Village, Tekulapalli Mandal, Bhadradri Kothagudem District while hearing the revision petition against the C.M.A.No.45 of 2018 on the file of the Addl. Agent to Government at Bhadrachalam, dt.13/08/2021 is illegal, arbitrary, unjust, against the Article 14,21 and 300-4 of the Constitution of lndia and also against the principles of natural justice and consequently direct the respondent No.1 to dispose of the revision petition filed by the petitioner herein vide Memo No.1330/TW.LTN2021 , dt.0511112021 . Counsel for the Petitioner: SRI JOGRAM TEJAVAT Counsel for the Respondent Nos.3 and 6: AGP FOR REVENUE Counsel for the Respondent Nos1,2,4 and 5: AGP FOR SOCIAL WELFARE Counsel forthe Respondent Nos.7 and 8: SRI HARI SREEDHAR The Court made the following: ORDER i$r HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITIO NN o.3126a OF 2023 ORD ER: Heard Sri Jogram Tejavath, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Social Welfare appearing on behalf of the respondent Nos.l, 2, 4 & 5, learned Assistant Government Pleader for Revenue appearing on behalf of the respondent Nos.3 & 6 and Sri Hari Sreedhar, learned counse! appearing on behalf of the respondent Nos.7 & 8.

2. The petitioner approached the Court seeking prayer as under: "...to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.6 in not issuing the pattadar pass book as per the New Dharni Portal Law which is illegal arbitrary and unjust against the Article 14, 2l and 300-A of the Constitution of India and also against the principle of natural justice and consequently direct the respondent No' 6 to issue the new pattadar pass book to the petitioner herein in Sy.No.303/2/84/t6 lo an extent of Ac 10.30 gts situated at Vajjonigudem Village of Tekulapalli Mandal Bhadradri Kothagudem District in place of old pattadar pas book vide Patta No.B16 under 13 B Section of the Old Act and pass...." 2

3. It is specific case of the petitioner that the petitioner is the owner and possessor of petition schedule property, which was acquired and was made cultivable by petitioner,s father, situated at Vajjonigudem Village of Tekulapalli Mandal in Sy.No.3O3l2/a4/t6A to an extent of Ac.1O.3O gts. That the petitioner inherited the above mentioned land after the demise of petitioner,s father and petationer,s name was incorporated in the revenue records, The respondent No.g herein tried to destroy the petitioner,s standing crop, and unofficial respondentNo.g had been trying to encroach petitioner,s subject tand as a land grabber and the petitioner approached the Agency Divisional Officer, Kothagudem, vide LTR Case No.1Ol2016/Tkp regarding the same, wherein an order was passed, directing the respondent No.6 to restore the said land to the petitioner vide ejectment order, dated 21.O9.2Ot7. fmmediatety, unofficial respondent No.7 & 8 fited CMA Nos. 45 of 2Ot9 and the said order was set-aside thereafter, the petitioner filed revision before the Government, vide 3 SN, ] Memo.No.133O/TW.LTR/2OZL. dated 05.11.2021 and no interim order had been passed in favour of the petationer in the said Revision. The petitioner, along with the co-owner filed W.P.No.la444 ot 2023 seeking interim order and the amendment petition and the same is pending on the file of the Court. Aggrieved by the above mentioned circumstances, the petitioner filed the present writ Petition.

4. A bare perusal of the record indicates that the respondent No.7 herein had filed CMA.No.45I2O18 before the Additional Agent to Government, Bhadrachalam against the ejectment orders passed by the Agency Divisional Officer, Kothagudem in LTR Case No.1Ol2016/Tkp, dated 2L.O9.2OL7 and sought restoration of the subject land, the LTR case had been initiated in between the petitioner (ST) as petitioner and the 7th respondent herein (NT) as respondent and the subject suit schedule land is Ac.1O.3O guntas in Sy.No.3O3l21841L6/a situated at Gangaram village, Tekulapalli Mandal, Bhadradri Kothagudem District. 4

5. The sa id CMA No.45/2OL 8 had een dis b sed of VI e

13. 8.202 b to Govern ment, Bhadrachalamobservino as under:- " On perusal of the lower Court order dated 21.09.2017 in the L.T.R.Case No.10/20t6/Tkp reveals that the she (Appellant herein) had lodged a complaint to the Tahsildar, Tekulapally in the year, 2014, the Tahsildar, Tekulpally appointed surveyor to locate the lands of Tribal and non Tribal. the surveyor, Tekulapally Mandal after locate the lands of the petitioner and respondent prepared the sketch map and submitted same to the Tahsildar, the surveyor has clearly the land pertained to the non Tribal respondent and also to the Tribal petitioner both the lands of tribal and non Tribal at distance more than 3/4rh of Kilo meter, the surveyor supplied the copy of map to the non Tribal respondent at present the Tribal petitioner alleged Ac. 10.30 guntas as it is enjoying by himself in addition to that he wanted to grab away the land of non Tribe he initiated the L.T. R.case. But as was observed from the lower Court order, the boundaries of both the Tribal petitioner and non Tribal respondent of their possession over the land has not been furnished properly in the order as per the survey and sketch map prepared by the Mandal Surveyor. !:tEa&: 5 sN. i The 3'd respondent herein filed counter along with documentsVizpattadarpassbook,13(B)certificateand pahani extracts stating that he is a Tribal has purchased the schedule land in sy'No'303/2/84/16 to an extent of Ac.10.30 guntas situated at Gangaram Village from Kondapalli Venkata Ramarao through sada sale deed dt.og.o5.lgsTandcameintopossessionoftheschedule landhisnameisalsoenteredinpahaniandl3(B)pattaaS pattadar. The appellant suddenly occupied the land without any right and obstructed him from ploughing the land againsttheregulationandfiledXeroxcopyofpattadarpas book, 13 (B) namoona and Me-Seva pahanies extracts for the Falies from 1420 to !427 of which Vukam Pullaiah S/o the Pattadar of landing Laxmaiah is and the Sy.No.303/2/84/t6/El extent of Ac'10'30 gts way of enjoyer is Vukam Laxmaiah S/o Pullaiah by va rasatva m. The case is of boundarY disPute involves in surveY and demarcation Problem' ORDER: LowerCourtorderissetaside.Thepartiesconcernedmay seek redressal before appropriate forum' SCHEDULE District: Bhadradri Kothagudem t: .iqirel5- 6 Name of Sy. Nos. Extent Ac.gts Village Ga nga ra m 303/2/84/76/EL

10.30 e n (6 O) davs from hed ate of thi order. e V r m tw thi a en

6. Learned Government pleader for Sociat Welfare appearing on behalf of the official respondent Nos.1, 2, 4 & 5, submits that the Writ petition coutd be disposed of directing the 2nd respondent to dispose of the revision preferred by the petitioner, dated O5.11.2021 in accordance to law within a reasonable period.

7. This Court opines that the prayer as sought for by the petitioner in the present writ petition cannot be granted in view of the order, dated 13.Og.2O21 passed in CMA No.45l2018 by the Additional Agent to Government, Bhadrachalam and though the petitioner had a remedy under the statute to prefer appeal to the Government, but however petitioner without preferring \ \ 7 an appea! to the Government within a period of "60" days from the date of passing of the said order i.e.,

13.08.2021, instead filed a revision against the order dated 13.O8.2021 -pasted in CMA No.45l2O18 by the Additional Agent to Government, Bhadrachalam before the 2nd respondent and the same is pending finat adjudication before the 2nd respondent. Hence, the interim order granted by this court on O9.11.2O23 stands vacated. 8 The 2nd respondent however is directed to consider and dispose of the revision filed by the petitioner by passing appropriate orders on merits within a period of four (O4) weeks from the date of receipt of copy of the order by giving an opportunity of personal hearing to the petitioner and also unofficial respondentNos.T&8.

9. With these above observations, the Writ Petition is disposed of. However, there shall be no order as to costs. / I 8 'I '. Miscellaneous petitions, if any, pending in this Writ Petition, sha ll stand closed. //TRUE COPY// SD/.MOHD. ISMAIL ANT REGISTRAR ASS ECTION OFFICER To, Telangana, Hyderabad State of Telangana, Hyderabad.

1. The Principal Secretary, Revenue Department, Secretariat Buildings, The 2. The Secretary Tribal Welfare Department, Secretariat Buildings, The State of 3. The District Collector, Bhadradri Kothagudem District At Kothagudem 4. The Addl. Agent to Govemment and ITDA Project Officer, Bhadrachalam S I|q fgqnqy Divisional Officer/RDO, Kothagudem, Bhadradri Kothagudem 6. The Tahsildar, Tekulapally, Bhadradri Kothagudem District 7. One CC to Sri Jogram Tejavat, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court for the State of Telangana, at 9. Two CC to The GP for Social Welfare, High Court for the State of Telangana, District At Kothagudem Hyderabad [OUT] at Hyderabad[OUT]

10. One CC to Sri Hari Sreedhar, Advocate[OPUOC] 'l 1.Two CD Copies s TJ BS HIGH COURT CC TODAY DATED:0610212025 ORDER WP.No.31268 ot 2023 1 HE SIATe 1 I t"rAl] 2[25 (\ :1 ( q J o o * Dfgc"rl;A- :.-.>r;? .t: i./ DISPSONG OF THE WRIT PETITION WITHOUT COSTS C,<F8"w*