High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the 1st respondent in not grantingstayinNI.A.No.of2024(unnumbered)inRevisionPetitionNo.of2024 (un-numbered) dated. 21 .11.2024 as illegal, arbitrary and also violative of principles of natural iustice and consequently seeking stay of all further proceedings pursuant to the orders dated. 30 10 2024 passed in CMA No 5 of 2022 of the 2nd respondent and also order dated OT 'O9'2OOT passed in case No.,190/2007/KGMofthe3rdrespondentincludingdispossessionofthepetitioner from the agricultural land in an extent of Ac 3 15 guntas situated in Sy.No.26411/2731 t\N, of Karukonda Village, Kothagudem l\rlardal, Bhadradri Kothagudem Dist.rc l;ending disposal of Revision dated. 121 1l.2o24 on the file of 1st respondent cr:;fr: red against the orders dated. 30.'10.2024 pasr;ed in ctrIA No. 5 of 2022 of the 2 rc r,:spondent and also order dated. 07 .og.2oo7 passed in case No.190/2007/K(j lr, c" the 3rd respondent. IANO:1OF2 0L4 Petition under S ection '1 5i cpc praying that in the circr mst rnces stated in the affidavit filec i. : r. pport of the petition, the High Court may ce p eased to grant stay of all further r-,ror:r:edings pursuant to the orders datecl. 30.10.:1024 passed in cMA No 5 o'f 2a',22 cf the 2nd respondent, order dated. 07.og.2oo7 passed in case No. 190/200 '/l'(.(;l\/l of the 3rd respondent includinq dis pos.;ession of the petitioner from tht: ar; -icurtural land in an extent of Ac. 3.15 gun:as situated in sy.No.264111273lr,A .f Karukonda Village, Kothagude.n l,4anrlal, .Bhadradri Kothagudem Distrii;t, ) 3nding disposal of lhe writ petition. Counsel for the Petitioner: SRI SyAMALA RAVINDER REDDy Counsel for the Rr.'spondent Nos.1 TO 3: Gp FOR TRIBAL. WELFARE Counsel for the Respondent No.4: Gp FOR REVENUE Counsel for the Respondent Nos.S & 6: -- The Court made the f tllowing: ORDER THE HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.34796 oF 2024 ORDER: Heard Sri Syamala Ravinder Reddy, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Tribal Welfare appearing on behalf of respondent Nos.1 to 3 and learned Government Pleader for Revenue appearing on behalf of respondent No.4.

2. The petitioner approached the Court seeking prayer as under: "...to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 1't respondent in not granting stay in M.A. No. of 2024 (un-numbered) in Revision Petition No. of 2024 (un- numbered) dated:21.11.2024 as illegal, arbitrary and also violative of principles of natural justice and consequently seeking stay of all further proceedings pursuant to the orders dated: 30.10.2024 passed in CMA No.s of 2022 of the 2nd respondent and also order dated: 07 .09.2007 passed in case No.190/2007lKGM of the 3'd respondent including dispossession of the petitioner from the agricultural land in an extent of Ac.3.15 guntas situated in Sy.No.264/7/273/AA of Karukonda Village, 1 2 1 Koth t!llem Mandal, Bhadradri Kothaguclem Dis-rict, pe'c in( disposal of Revision dated: 21.11. 202.1 on ther I le :f 1't respondent preferred against the orJers dale.l I 10.70.2024 passed in CMA No.5 of 2O2t of .1"' -_.spondent and also order dated: 07.)g.rOO7 th€ pa:is',d in case No.190/2007lKGlvl ()f he 3,d respcn:r€ nt and to pass such order or oriJers as this Hor.r':. lr., Court may deems fit and proper in the circu -.:il irnces of justice.,,

3. The brrr:'facts of the case are as under:- through reclist : red The ret tioner is the absolute owner and posrjessor of agricultural trnd to an extent of Ac.4.22 gunta:; sil:uated in Sy.No.27.l an(l agricultural land to an extent of A<.3.(r0 guntas situated in sy. \o.264 /r and Sy.No.273 situated ert K,rrukonda village, K()trac udem Mandar, Bhadradri Kothagudern D strict, to the total ,:r:er t of 4c.7.33 guntas, having purchased the same sale deed No.292/L966 and r\o.l t2/Lg6g and t4.04.1969. Thereafter, ..he revenue the petitioner,s name in the revenue records. The fa:her of unofficial respondent had filed a cr)mplaint before reslcnd rnt No.3 alleging that the agricultural land to an extent of Ar:..:, L5 guntas situated in Sy.No.264 /1/273/AA of Karukonda Villaqe, Kothagudem Mandal, Bhadradri t(othagudem District (l-re'e i,r,lfter called authorities .nl t ated dated 25,0,:,. t 166 schedule land) harl been AS 3 transferred in violation to the Land Transfer Regulations, 1959. The respondent No.3 without conducting any enquiry had issued ejection order in case No.190/2007/KGM dated 07.O9.2007 ejecting the petitioners from the possession of the schedule land. Subsequently, the unofficial respondent filed an appeal vide CMA No.5 of 2022 and through order dated 30.10.2024, the said CMA was disposed of directing the 4th respondent herein to take necessary action. Aggrieved by the said order dated 30.L0.2024, the petitioner filed revision on 21.11.2024 before respondent No.1 along with stay application, but the respondent No.1 did not consider the said applications. Aggrieved by the same, the petitioner filed the present writ petition.

4. This Court qranted interi direction in favour of the petitioner on LL.L2,2O24, w ich is extracted hereunder: "Heard Sri Syamala Ravinder Reddy, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Social Welfare appearing on behalf of respondent Nos.1 to 3 and learned Government Pleader for Revenue appearing on behalf of respondent No.4. Notice before admission. , 4 The learned counsel appearing c n b,:half ol the petitioner is permitted to take out pe r sonal notice to the unofficial re:;por dent l\ :r:;.5 and 6 and file proof of service ,)f n,ltice inIr> reg istry. Sfafus ouo r'egpect of aoricultur A<:.3.75 ou ntas be maintaineo' in <tertttd Kar'u l<olnda situated AA of No.264/ 7 /2 5r: V'illaoe. Kothaoudam Mandal. Bh K'gthaoudem District till 30. 72.2O24." adr',adri 5 The lr:arred counsel appearing on behalf of :he petitioner submits r:hat (lue to the inaction of respondent No 1 in not granting st,ry n the revision petition preferred by:he petitioner on 21.77.21,t2.4 aggrieved by the orders dated 30.10.20.,14 passed in CMA Nlo,5 cf 2022 by the respondent No.2 arrd also order dated 07.C9.;,007 passed in case No.190/20077KGt,{ of the respondent N,:,.l, the present writ petition is filed.

6. The lea -,red Government Pleader for Sor:ia I Welfare, appearing c,n lt=half of respondent Nos.1 to 3 subrnits that the writ petition r:rtuld be disposed of directing responJenl No.1 to pass orde"s in t1e revision petition preferred by the petitioner on 27.Lt.2024 ar;ainst the order dated 30.10.2024 pissed in CMA.No.5 ol .2)22 of the respondent No.2 and also orcier dated 5

07.09.2007 passed in case No.L90/2007IKGM of respondent No.3, within a reasonable period.

7. TAKING INTO CONSIDERATION: a). The aforesaid facts and circumstances of the case. b). The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.l to 3, c). The fact as borne on record that the petitioner had preferred the revision petition on 21.11.2O24 before respondent No.l, aggrieved by the order dated 3O.LO.2O24 passed in CMA.No.5 of 2022 of the respondent No.2 and also the order dated O7.O9.2O24 passed in case No.19OI2OO7/KGM of the respondent No.3, and the same is kept pending without disposal as i I I l l I on date, q. \ The writ petition is disposed of directing respondent No.1 to dispose of the revision petition preferred by the petitioner on 2L.LL.2024 against the orders dated 30.10.2024 passed in CMA.No.S of 2022 of the respondent No.2 and the order dated O7.O9.2O24 passed in case No.1r)0rl2oo7/KGM of the respondent Ato.3 within a period of eight (8) weeks from the date of receript of a copy of this lrder, in accordance to law, in r:on1:ormity with the prrinciples of naturat justice, by giving reasonable o,t,portunity of persona! hearing to both the petitioner an,l others concerned including respr)ndent Nos.5 ancl 6;rnd pass appropriate orders. Till the above exercise is inil:iated and concluded by respondent No.1 by passing apprrf,priate orders on the revision petition dated 2L.LL.2024 preferred by the petitioner as p(:rr the directions ;rs indicated as above within the stipula[ed time as indicated as above, the interim direction granted in favour o1i tlre petitioner vide orders dated 11.1;t,2024 (referred to :r nd extracted above) shal! remain in force. However, threr,: shall be no order as to costs. Misr:ellar eous petitions, if any pending, shall sta nd closed. //TRUE COPY// sD/- r. \'|JAY KUMAR ,\ qEPUTY REGISTRAR / / I r ' SECT ON OFFICER - --\ I '.i To Bhadrachala'n, Il radradri Kothagudem District. Bhadrachala'n, Il'radradri Kothagudem District. Building, Hyclerat,ad, Telangana State, State of Telangana.

1. The Principa Se cretary, Tribal Welfare Departmenf Dr.B.R.Aml)edkar 2. The Additional acrenl to the GovernmenV Appellate Authorily (P O.l.T.D.A), 3. The Speci;rl :)€l uty Collector (Tribal Welfare)/ Primary Autl'rority, 4. The Tahsilda-, (cthagudem, Bhadradri Kothagudem Distric:. 5. One CC to Sltl I}'IAIVALA RAVINDER REDDY, Advocare tlpuCl 6. Two CCs to ( iF' :OR TRIBAL WELFARE, High Court for thl; State of 7. fwo CCs to (,)F' -OR REVENUE, High Court for the State of Telengana, at 8. Two CD Cop e:; Telangana a. ll,rrjerabad. [OUT] Hyderabad. [Ol. l-] PSK. Rl 4", . ;'-f . ," '1,.lB.'-. .::S .. o;,I ar ..1- :rP..' HIGH COURI- DATED:28102t12025 I ORDER WP.No.34796 of 2024 --|:=:: 1$i .S i, t( (- (o J o o I 2 1 ,tttt 1025 ,i ,: t 11',-' ,f l :{;r1" =->-::.:;7 DISPOSING OF THE WRIT PETITION WITHOUT CCISTS AC\ qtslcr