High Court · 2025

Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No. 2 to 5 in not considering the representations/legal notices dated 22-08-2024 sent by the petitioners 1 and 2 and their counsel to respondents 2 to 5 to initiate action under AP/TS schedule Area I Land rransfer Regulation 1959 r/w. regulation 1 970 against respondents 6 to g pertaining to land bearing sy.No. 26411/45/a (earlier No. 26411 ) situated at Karkonda Village, Laxmidevipally Mandal, Bhadradri-Kothagudem District and handover the same to petitioners 1 and 2 by conducting panchanama by following due process of law as illegal, void, arbitrary and in violation of A.p.S.A LTR Regulations 1959 and 1970 and in violation of Article 300-4 of the constitution of lndia and consequentially direct the respondents 2 to 5 to consider the representations/ lega I notrces dated 22-08-2024 sent by the petitioners 1 and 2 and their counsel to respondents 2 to 5 to initiate action under Ap/TS schedule Area Land rransfer Regulation 1959 r/w. regulation ig70 against respondents 6 to 9 pertaining to land bearing sy.No. 264l1/45/a (earlier No. 26411) situated at Karkonda Village Laxmidevipally Mandal, Bhadradri-Kothagudem Diskict and handover the same to petitioners 1 and 2 by conducting panchanama by following due process of law. lA NO: 1 OF 2024 Petition under Section 'l s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents 2 to 5 to consider the representations/lega I notices dated 22-0g- 2024 sent by the petitioners 1 and 2 and their counsel to respondents 2 to 5 to initiate action under AP/TS schedule Area Land rransfer Regulation .1g59 r/w. regulation 1970 against respondents 6 to g pertaining to land bearing Sy.No. 264111451a (earlier No. 264l'l ) situated at Karkonda Village, Laxmidevipally Mandal, Bhadradri-Kothagudem District and handover the same to petitioners 1 and 2 by conducting panchanama by following due process of law. Counsel for the Petitioners: SRI S.MADAN MOHAN RAO Counsel for the Respondent No.1: AGp FOR SOCIAL WELFARE Counsel forthe Respondent Nos.2 TO 5: AGp FOR REVENUE Counsel for the Respondent Nos.6 TO 9: SRI R.R.KALYAN The Court made the following: OROER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.31322 oF 2024 ORDER: Heard Sri S, Madan Mohan Rao, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent No.1, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent Nos.2 to 5 and Sri R. R. Kalyan, learned counsel appearing on behalf of respondent Nos.6 to 9.

2. The petitaoners approached the Court seeking prayer as under: "...to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the actlon of the respondent Nos.2 to 5 in not considering the representations/legal notices dated 22-08-2024 sent by the petitioners 1 and 2 and their counsel to respondents 2 to 5 to initiate action under APITS schedule Area Land Transfer Regulation 1959 r/w regulation 1970 against respondents 6 to 9 pertaining to land bearing Sy. No' 264/1145/a (earlier No.26411) situated at Karkonda Village Laxmidevipally Mandal BhadradriKothagudem District and handover the same to petitioners 1 and 2 by conducting panchanama by following due process of law 2 SN, J wP 31322 2024 as illegal, void, arbitrary and in violation of A.p. S. A. LTR Regulations 1959 and 1970 and in violation of Afticle 300-A of the constitution of India and consequentially direct the respondents 2 to 5 to consider the representations/legal notices dated 22-08- 2024 sent by the petitioners 1 and 2 and their counsel to respondents 2 to 5 to initiate action under AplTS schedule Area Land Transfer Regulation 1959 t/w regulation 1970 against respondents 6 to 9 pertaining to land bearing Sy. No.264/t/45|a (earlier No.26411) situated at Karkonda Village Laxmidevipally Mandal BhadradriKothagudem District and handover the same to petitioners 1 and 2 by conducting panchanama by following due process of law and pass...,,.

3. The case of the petitioners, in brief, is that the father of the petitioners had been the pattadar of land bearing Sy.No.26411 to an extent of Ac.6.25 guntas situated at Karukonda Revenue Village, Laxmidevipally Mandal, Bhadradri Kothagudem District. The name of the father of the petitioners had been shown as pattadar and possessor in pahanies till 201S_ 2016. Thereafter the names of respondent Nos.6 to 9 had entered in the possessor column in the pahanies for the years 20t6-L7, 2017-L8. -) SN, J wP 3t322 2024

4. It is the specific case of the petitioners that the petitioners vide legal notice dated 22.08.2024 addressed to the official respondents herein requested the official respondent Nos.2 to 5 herein to initiate appropriate action as per the Land Transfer Regulations 1959 r/w. 1970 against the unofficial respondent Nos.6 to t herein, since the petitioners' grandfather Guguloth Ram Ji, S/o. Bodiyya is the owner and possessor of the subject land in Sy.No.264145 to an extent of Ac.6.25 guntas situated at Karkonda Revenue Village, Laxmidevipally Mandal, Bhadradri Kothagudem District and the names of petitioners' grandfather and their father had been mutated in the revenue records till 2015-2016. The names of respondent Nos.6 to t had been recorded as possessors in the pahanies for the years 20L6-2O17 and 2Ol7-2OLB and taking advantage of the said revenue entries the petitioners had been dispossessed from the said land by the respondent Nos.6 to 9. It is further case of the petitioners that under LTR Regulations 1959 and 1970 the unofflcial respondent Nos.6 to 9 are bound to vacate the subject lands and the official respondent Nos. 5 to B are bound to initiate appropriate steps ihrough LTR proceedings against the respondent Nos.6 to 9, who are non-tribals by duly evicting them. In spite of the said legal I -+ SN, J wP 31322 2024 notice dated 22.08.2024 no legal action has been initiated by the official respondent Nos.4 and 5. Aggrieved by the said action of the respondents, the present writ petition is filed.

5. Learned Assistant Government pleader for Social Welfare brings on record the proceedings of the Special Deputy Collector (T.W.), Bhadrachalam vide LTR Case No.44l2024/LDp, dated 04.t2.2024, and a perusal of the same indicates that steps had been initiated and notice also had been issued to the unofficial respondent Nos.6 to 9 and therefore, the grievance of petitioners had been considered.

6. The learned counsel appearing on behalf of the petitioners further submits that though the LTR proceedings had been initiated by the Special Deputy Collector (T.W.), Bhadrachala and the notice dated 04.12.2024 brought on record by the learned Assistant Government preader for Sociar werfare indicates that steps have been initiated in this regard and a notice has already been issued to the unofficial respondent Nos.6 to 9 herein, yet the extent of land indicated in the said notice is only to an extent of Ac. 1.00 guntas, whereas the petitioners contend that the extent as per the patta certificate issued to the petitioners is ) SN, J \\ry 3t322 2024 Ac,06.25 guntas and not Ac.1.00 guntas as indicated in the notice dated 04.I2.2O24 issued to the respondent Nos'6 to 9 by the Special Deputy Collector (T.W.), Bhadrachala. The learned counsel appearing on behalf of respondent Nos.6 to t however, disputes the said patta certificate issued in favour of the petitioners. This Court however opines that the said pleas put forth by both the petitloner and the respondents 6 to 9 can be urged before the Special Deputy Collector (T.W.), Bhadrachalam i.e., 5th respondent herein since LTR proceedings had already been initiated by the 5th respondent herein and are pending for final adjudication before the competent Authority 7 Takin into consid ration (a) The submissions made by the learned counsel appearing on behalf of the petitioners, the learned counse! appearing on behalf of respondent Nos.6 to 9, and the learned Assistant Government Pleader for Social Welfare appearing on behalf of the official respondents, (b) The contents of the legal notice dated 22.0,8.2024 issued on behalf of the petitioner to the respondents herein, I I 6 SN, J wP 31322 2024 (c) The notice dated 04.12.2024 of the Special Deputy Collector (T.W.), Bhadrachatam issued to the unofficial respondent Nos. 6 to 9 herein indicating the extent of land as Ac.l.0O guntas. The Writ Petition is disposed of directing the Special Deputy Collector (T.W.), Bhadrachalam i.e., the sth respondent herein to consider the grievance of the petitioners made vide legal notice dated 22.Og.2O24 addressed to the respondent Nos.2 to 5 herein and conclude the LTR proceedings initiated by the 5th respondent vide notice, dated 04.12.2024 and pass appropriate orders in accordance to law as mandated under the rules and regutations by giving notices to both the petitioners and also to the unofficial respondents 6 to 9, within a period of six (6) weeks from the date of receipt of the copy of the order. However, there shall be no order as to costs. I I , // I I 7 SN, J wP 31322 2024 The miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// AS SD/.N. SRIHARI NT REGISTRAR \ I S CTION OFFICER To 1 The Principal Secretary, Social Welfare and Tribal Wel Secretariat, at Hyderabad, State ofTelangana -500022. re Department,

2. The District Collector, Kothagudem, Bhadradri-Kothagudem District-507101 . 3. The Revenue Divisional Officer, Kothagudem, Bhadradri-Kothagudem Distric! 507'101 .

4. The Tahsildar, Kothagudem, Bhadradri-Kothagudem District-sO71 01 . 5. The Special Deputy Collector, Tribal welfare, Bhadrachalam, Bhadradri- 6. One CC to SRI S.MADAN MOHAN RAO, Advocate [OPUC] 7. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Kothagudem District-sO71 '1 1 Telangana, at Hyderabad. [OUT]

8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

9. One CC to SRI R.R.KALYAN, Advocate IOPUC] 10.Two CD Copies PSK. GJP fT HIGH COURT DATED:0410212025 ORDER WP.No.31322 of 2024 r,tr SI4 re o( z o.\ I 0 2 tiril 2025 * t '"r,t cHgO DISPOSING OF THE WRIT PETTTION WITHOUT COSTS $t "odub Y|- {\4'