SRI P v. RAMANA

Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit filed therewith. the High court may be pleased to issue a writ, order or direction more in the nature of Mandamus declaring the action of the Respondent Revisionar authority in not disposing the Revision and the stay petition fired on 4-9-2015 as against the orders passed by the Agency Divisional officer, Kothagudem in L.T.R. case No.147l07/cHG dated 3o-1-2012 and the confirmataon orders passed by the Addr.Agent to Government, Bhadrachalam in cMA No.68/2013 dated zt-6-2015 communicated to the counsel on 10-7-201 5 for ejection and restoration of the rand to extent of 0-1g gts in Sy.No.'154lsHA/6 situated at Namavaram vilage, chandrugonda Mandar, Khamrnam District as irregar, arbitrary, and in vioration of Articres i4.16 and 21 of the Constitution of lndia and consequently declare that the Petitioner is entitled to continue in possession and enjoyment of the suit schedule property subject to further orders passed by the Revisional Authority pending before the Government. l.A. NO: 1OF 2015(WPMP. NO: 383750 F 2015) 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 stay all further proceedings in pursuance to the orders passed by the Agency Divisional Officer, Kothagudem in L.T.R. Case No.'147l07/CHG dated 30-1-2012 and the confirmation orders passed by the Addl.Agent to Government, Bhadrachalam in CtvlA No.68/201 3 dated 27 -6-2015 communicated on '10-7-201 5 pending disposal of the Revision filed on 4-9-2015 before the Government. Counsel for the Petitioner: SRI P. V. RAMANA Counsel for the Respondent Nos.1 to 4: AGP FOR SOCIAL WELFARE Counsel for the Respondent No.5:-- The Court made the following: ORDER / t HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.29611 oF 2o15 ORDER: Heard Sri P.V. Ramana, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 to 4.

2. The petationer approached the Court seeking prayer as under: " ...to issue a Writ, Order or direction more in the nature of Mandamus declaring the action of the Respondent Revisional authority in not disposinq the Revision and the Stay petition filed on 4-9-201 5 as against the orders passed by the Agency Divisional Officer Kothagudem in L.T.R. Case No. 147/07/CHG dated 30-L-2012 and the confirmation orders passed by the Addl. Agent to Government Bhadrachalam in CMA No. 6812013 dated 27-6-2Ot5 communicated to the counsel on 10-7-2015 for ejection and restoration of the land to extent of 0- 18 gts in Sy. No. 754/SHA/6, situated at Namavaram village, Chandrugonda Mandal Khammam District as illegal, arbitrary and in violation of Articles 14, 16 and 2l of the 2 wP 2961I 2015 Constitution of India and consequently declare that the Petitioner is entitled to continue in possession and enjoyment of the suit schedule property subject to further orders passed by the Revisional Authority pending before the Government and to pass such other order or orders as this Hon'ble High Court may deem fit and proper in the circumstances of the case".

3. The case of the petitioner, in brief, is that the father of the petitioner acquired the agricultural land to an extent of Ac.17.00 guntas in Sy.No. 154 situated at Namavaram Village, chandrugonda Mandal of Khammam District through a sale deed dated 10.12.1956 and after tlle demise of the petitioner's father, the petitioner had been in possession and enjoyment of the said land. The Andhra Pradesh (Scheduled Areas) Land Transfer Regulation 1 ot 1959 and its Amendment I of t97O prohibits transfer of immovable property from non-tribe to non-tribe from 01.02.1970' It is further submitted that basing on the report of the Tahsildar, dated 31.05.2007, LTR case was filed against the petitioner' The Land Ceiling Tribunal, Kothagudar: in Case No' lOglKGHlTS declared the petitioner land lo an extent of Ac.0.1B guntas as surplus and the petitiori r- challenged the -lt , 3 wP_295 t I 2015 said orders vide CRp No. 6939 of lgTg wherein it was allowed. In the meantime the land of the petitioner was assigned in favour of 5th respondent and the name of the Sth respondent Medium Laxmudu was recorded in the revenue records forthe year t979_Lg7g and 1979_1980 and rejection order was passed on 40.02.3023 against the petitioner vide LTR Case No. L47/07/CMG. Aggrieved by the saic, orders, the petitioner filed C.M.A. No.6812013 before the 2nd respondent and the same was dismissed vlde order dated 27.06.20t5. Aggrieved by both the orders dated 30.01.2012 passed in LTR Case No. L47/07/CGH and order dated 27.06.2015 passed in CMA No. 68 of 2013, the peritioner filed Revision and stay petition on 04.09.2015 before the Respondent No.1. However, the said Revision petition is not disposed of till date. Aggrieved by the said action oF the respondent No.1 in not disposing of the Revisron petition dated 04.09.2015, the present writ petition is fited. 4 t petitionero 11. 9.20 15o bse noa sun er: "Learned G.p. takes notice on behalf of respondent Nos.1 to 4. ! I I 4 wP 296 t r 2015 Notice to R-5. Learned counsel for the petitioners is also permitted to take out personal notice to R-5 by RPAD and file proof of service into the Registry. Post after three weeks in the Motion List. In the meanwhile, there shall be status quo with regard to the property admeasuring 18 guntas in Sy. No. 754/SHA/6, Namavaram Village, Chandrugonda Mandal. Khammam District". 5, The learned Assistant Government pleader for Social Welfare submits that the writ petition could be disposed of directing the 1't respondent- Revisional Authority to dispose of the Revision petition itself filed by the petitioner herein on

04.09.2015 against the orders passed by the Agency Divisional Officer, Kothagudem in LTR Case No. t47/07/CHG dated 30.01.2012 and the confirmation orders passed by the Addl. Agent to Government, Bhadrachalam in CMA No. 68/2013, dated 27.06.2015 communicated on 10.07.2015 for ejection and restoratlon of the land to extent of Ac.O-18 guntas in Sy.No. 154/SHA/6 situated at Namavaram Village, chandruqonda Mandal, Khammam District, within a reasonable period. / 1,7 I I 5 wP 296 u 20t5

6. Takino into nsideration l (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 to 4, (c) The interim order of this Court dated

11.O9.2015 passed in favour of the petitioner (referred to and extracted above), (d) The fact that the revision filed by the petitioner had been pending for adjudication and disposal by the 1st respondent herein, The writ petition is disposed of directing the 1't respondent-Revisional Authority to dispose of the Revision petitaon itself on merits filed by the petitioner dated O4.O9.2O15 against the orders passed by the Agency Divisional Officer, Kothagudam an LTR Case No. L47/07/CHG, dated 3O.O1.2O15 and the confirmation orders passed by the Addl. Agent to Government, 6 wP 2961I 2015 Bhdrachalam in CMA No. 68/2O13, dated 27.06.2015 pertaining to land to an extent of Ac.O.18 guntas in Sy.No, 154/SHA/6, situated at Namavaram Village, Chandrugonda Mandal, Khammam District, within a period of eight (8) weeks from the date of receipt of the copy of the order by giving notace to the petitioner and also to the 5th respondent herein and others concerned and pass appropriate orders in accordance to law, in conformity with principles of natural justice. Till the above exercise is anitiated and concluded by passing of appropriate orders by the 1* respondent in the Revision petition filed by the petitioner on O4.O9.2O15 disposing of the same on merits as per the directions as indicated as above, within the time period as stipulated above, the interim orders of this Court dated 11.O9.2O15 (referred to and extracted above), passed in favour of the petitioner shall remain in force. However, there shall be no order as to costs. 7 wP-2961I 20iJ As a sequel, the miscellaneous any, pending in the Writ petition shall also stand closed. petitions, it //TRUE COPY// SD/- SRINIVASA REDOY S TANT REGISTRAR SECTION OFFICER I , Tribal Welfare De I Secretary Hyderabad al Agent to '1. The Pflnclpa Tela ngana, 2. The Addition District. ]f e {O.en9V Divisionat Officer, Kothagudem, Khammam District. . The Tahsitdar, Chandruoonda Mand;i, C-h;;A;t'dntl,'xt rr*m Disracr. . one CC to Sri p. V. Rairana. novoclt. rciEiiAY"""'' . Two CCs ro Gp for Sociar Wetiare, HO*i 6uiYd.. tn" State of Tetangana, ar Hyderabad [OUT1 . Two CD Copies - the Government, Bhadrachalam, Khammmarn riat, The State of 3 4 6 7 I I ., I To, TJ GJP I HIGH COURT DATED:2410212025 I ORDER WP.No.29611 of 2015 z i TA, 6 ( .)' _l 02 lr,ri ?$6 c * l)r..! pAT(l DISPOSING OF THE WRIT PETITION WITHOUT COSTS '1,)