Aleem Khan v. 1. The state of lelqrgana

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 grant stay of all further proceedings vide Proceedings No. TWB.2113212016 dated Nil- 07- 2016 (02.07.2016148. 06. 2016) passed by the 3 respondent which was confirmed by the proceedings in LTR Appeal No. A4lLTRl32l2O19 dated 23. 12. 2023 passed by the 2nd respondent. pending disposal of the writ petition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the interim order granted in WP No.35602 of 2024 dated: 18.12.2024 and as extended, pending disposal of WP. Counsel for the Petitioner: SRI KRISHNA KISHORE KOWURI Counsel for the Respondent Nos.1 to 3: GP FOR SOCIAL WELFARE Counsel for the Respondent No.4: SRI GAJANAND CHAKRAVARTHY The Court made the following: ORDER ',' ; 1 ( $. HONOURABLE SRI JUSTICE NAGTSH BHITMAPAI(A WRIT PEIITION I{o.356O2 of 2O24 ORDER: The brief facts of the case as can be seen from the affidavit frled in support of the petition are as under: a) The petitioner is the absolute owner and possessor of agricultural Land in Sy.No.3g/6 to an extent of Ac-2.39 and sy.No.4o/6 to arl extent of Ac.1.O4 guntds, total land admeasuring to an extent of Ac.4.O3 guntas, situated at Yenaka Village, Utnoor Mandal, Adilabad District, having succeeded the sarne from his ancestors. The respondent No.4 frled a complaint dated 1o.05.2o16 alleging that he purchased the schedule land from petitioner's father through a simple sale deed dated 04.04.2008 and a notice dated 18.05.2016 was issued on Form- E to the petitioner and respondent No.4 and even before the next date of hearing, the respondent No.4 submitted a representation dated 25-O5-2OL6 with a request to recover possessioh of subject lands. Thereafter, respondent No.3 issued a notice dated 14.06.2016 fixing the date of hearing as 1g.06.2016 and ttre said notice granting only foa,rr (4) days is invalid. The respondent No.3 has to pass Form-F i'e'' ejection order under Rule 7(a) and the same can be executed as if it is a civil court decree, however, respondent No'3 passed order vide 2 NBK, J wp_35602 2024 proceedings No.TWB2 I L32 / 2016, wherein the Tahsildar, Utnoor Mandal was directed to implement the said orders within 3 days and the said orders were not implemented till date and the last para of the said order, originally typed as 18.06.2018 but subsequently struck off and written as O2.O7.2OL6. b) The respondent No.3 recorded frndings contrary to the statement dated 18.06.2016 as the petitioner's signature was not even available in the said statement. The Tahsildar, Utnoor, mutated the name of respondent No.4 in the revenue records pertaining to the schedule land without any notice as contemplated under the provisions of Land Transfer Regulations to the petitioner and he was also granted pattadar passbook and title deeds. The petitioner has been representing before the Tahsildar, Utnoor for rectification of entries, but he refused the same stating that he is bound by the orders of respondent No.3 being the silperior officer. c) The petitioner filed Revision before respondent No.1 under Section 6 of Telangana (Scheduled Areas) Land Transfer Regulation 1 of 1959 and its amendment I of L97O against the proceedings in LTR Appeal No.A4/LTR/32/2OLg dated

23.12.2023 passed by respondent No.2, confirming the pjPe€edings No.TWB2l 132 /2016 dated Nil.O6.2O16 passed by J NBK, J wp_35602 2024 respondent No.3 and also filed stay application before respondent No.l on 30.07 .2024 and the respondent No.l did not take up the revision or stay application of the petitioner, till date. F\rrther, respondent No.4 is creating third-party rights on ' the basis of the illegal mutation pursuant to the orders of respondent No.3. Further, the mother of respondent No.4 also frled similar complaint against one Mr.Mohammed Nazeer Khan in w.P.No.7484 of 2024 and against one Mr.Tajuddin Khan in w.P.No.31037 0f 2024 and this court uide order dated

26.04.2024 and. O3.L2.2O24 respectively, ordered not to take coercive steps in the said writ petitions-

2. The grievance of the petitioner in the present writ petition is that respondent No.1 is not taking up the revision or at least the stay application in Revision Petition (un-numbered) dated

30.O7.2024 filed by the petitioner-

3. Heard both sides and perused the record- 'S

4. The limited relief as sought for by the petitioner is to direct the respondent No.1 to pass orders in the stay application frled by the petitioner in the revision petition dated 3O-O7.2O24 filed against the proceedings passed by the respondent No'2 dated: Nil-o7-2016 and consequential proceedings in LTR Appeal No.A4lLTRls2l2Ol9 dated 23.L2.2O23 passed by the .\ \ 4 NBK, J w 35602_2024 respondent No.3 pending disposal of the Revision Petition dated

30.O7 .2024 preferred by the petitioner before respondent No.1. Lear:ned counsel appearing on behalf of the respondent 5. No.4 submits that the Writ petition could be disposed of directing the respondent No.l to pass appropriate orders in accord.ance to law wittrin a reasonable period on the stay application filed by the petitioner in the Revision petition dated

30.O7.2024 before lst respondent-

6. Taking into consideration the facts and circumstances of the case and submissions made by the learned counsel appearing on behalf of respondent No.4, the writ petition is disposed of directing the 1"t respondent to consider the stay application frled by the petitioner in the revision petition dated

30.O7.2024 before respondent No.1 filed against the $roceedings issued by the respondent No.3 dated:'Nil-07-2016 which had been confirmed uide proceedings in LTR Appeal No.A4/LTR132l2OI9 dated 23.L2.2O23 by the respondent No.2, in accordance to law, in conformity wittr princiites of natural ,it justice and pass appropriate orders, within a period of four (o4) weeks from the date of receipt of a copy of this order and duly communicate the said decision to the petitioner. Till appropriate ord6rs are passed by the respondent No.1 by duly considering / I 5 NBK. J wp_35602_2024 the stay application filed by the petitioner in Revision petition dated 3O.O7.2024 preferred before respondent No.1, tl.e respondents shall not take any coercive steps against the petitioner herein in respect of petitioner's land in Sy.No.39/6 to an extent of Ac.2.39 and in Sy.No.4O/6 to an extent of Ac.1.O4 guntas, total land admeasuring to an extent of Ac.4.03 guntas, situated at Yenaka Village, Utnoor Mandal, Adilabad District.

7. With the above observations, the Writ petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. I //TRUE COPY// SD/.U. SUDHA SISTANT REGISTRAR OFFICER \ To,

1. The Principal Secretary, The State of Telangana, Trib_al Welfare Department, Dr. B. R. Ambedkar Building, Hyderabad, Telangana State. -

2. The Additionat Agent to tf'eto'iernmenU Appeli-ate Authori@ (P. O. t. T. D. A), Utnoor, Adilabad District.

3. The Special Deputy Collector, (T. Wy Primary Authority, Utnoor, Adilabad District.

4. One CC to Sri Krishna Kishore Kovvuri, Advocate [OPUC] 5. Two CCs to GP for SocialWelfare, High Court for the State of Telangana. One CC to Sri Gajanand Chakravarthy, SC[OPUC]

6. 7. TJ BS WO CD Copies a / / (:. ( :::-::': -. r-l li 1S1A 'l'(. 3 D:[ 20ffi ,.-r r.,.,T C. + Y j HIGH COURT DATED i2810712A25 ORDER WP.No.35602 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1l o