Chole Rama Rao v. The State of Telangana

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the orders in Proceedings bearing No. TW A2l3Ol2O22 Daled. 1210912023 issued by the Respondent No.3 as being arbitrary. vindictir.,e, illegal, violative of Articles 14, 16 and 21 of the constitution of lndia, ultralres and aEainst to the principles of Natural Justice and consequently set aside the proce€,dlng bearing No. TW 4213012022 Daled 1210912023 issued by the Respondent \:.3. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in thr: circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the orders in Proceedings bearing No. T',Ai A213012022 Daled 12-09-2023, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KONDADI AJAY KUMAR Counsel for the Respondent No.1 to 6: GP FOR SOCIAL lVELFARE WRIT PETITION NO: 36825 OF 2024 Between: Chole Rama Rao, Sio Shesh Rao, Age. 76 Yrs, Occ r\griculture, R/o Jamni Village, R/m Jainoor, District. Kumurambheem Asifabad AND 1 The State of Telangana, Rep. by its Principal Secretary Tribal Welfare Department Secretariat Hyderabad. ...PETITIONER 2 3 4 5 6 7 The Agent To Government/ District Collector, Adilabad. fist. Adilabad. The Additional Agent to Government cum Project Officer, ITDA Utnoor, Dist. Adilabad. The Special Deputy Collector (TW), Utonoor, Dist. Adilabad The Agency Divisional Officer cum RDO, Adilabad. The Tahsildar, Janinoor l\,4andal, Dist. Adilabad. Arka Yadav Rao, S/o. lVanku, Age lVlajor, occ. Agriculture, R/o. Sambajiguda, Jamini Village of Jainoor lVlandal, Dist. Kumrambheem F,sifabad. ...RESPONDENTS Petition under Article 226 ol the Constitution of ln,ira praying that in the circumstances statecl in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one irr the nature of writ of mandamus or any other appropriate wnt or order or orders declaring the orders in Agency Appeal bearing No. A4/LTR10312024 dated '1 1 11.2024 on the file of Respondent No.3 and its consequential orders in ProceeJings bearing No. TW --a- A2l3Ot2O22 Dated. 12-09-2023 issued by the Respondent No4 as being arbitrary, vindrctive, illegal, violative of Articles 14, 16 and 21 ot the Constltution of lndia, ultraires and against to the principles of Natural Justice and consequently set aside the orders in Agency Appeal bearing No. A4lLf RlO3l2024 dated 11.11.2024 on the file of Respondent No.3 and its consequencial orders in Proceedings bearing No. TW A213012022 Daled 12-09-2023 issued by the Respondent No.4. IANO:1OF 2024 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 suspend the orders in Agency Appeal bearing No. A4ILTRlO3l2024 dated i1.11.2024 on the file of Respondent No 3, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KONDADI AJAY KUMAR Counsel for the Respondent No.1 to 6: GP FOR SOCIAL WELFARE The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA ) WRIT PETITION Nos.275l6 AND 36821i of 2o24 COMMON ORDER: Wrir Pcririon No.275 16 ot 2024 is filed ,lucstioning the proceedings clzrl<:d 12.O9-2O24, whcreby and whererrrrde r, respondent No.4 ordered the ejectment of the petitioner fronr thc suit land admeasuring Acs.7.20 guntas in Sy.No.62 situateC iLt .Jamni Village of Jainoor Mandal and dircctecl restoration of possr,ssiorr of the said land to responde nt No.7.

2. Aggricvt:d br, the said proceedings dated 12 .O9 .2024 , the an appeal before respondent \o,ll. By order petitioner Prcferred dated l'l .1 l .2Oi).4 , respondcnt No.3 upheld thc saicl ejectment proccedings and directed thc Tahsildar, Jainoor Manclal, to take necessarv itcLiotr to iject the petitioner from thc suit land. Conseq uen t11', tl'r,,' appe:rl rvas d ismissed.

3. Chaf lenginil the appellate order dated 1 1.11.2024, the petitioncr lllccl W.P.No.36825 of 2024.

4. Heard lcarrred counsel for thc pctitioner, lear tt:d (iovernment Pleadcr for Tribal Welfare Department, for respondent Nos.1 to 3 and learned Govcrnm( nt Pleader for Rcvcnue Departmen;, for respondent Nos.4 to 6. | . 2 .- At Lhe outset, it is noted that the petitioner, having availed thc

5. appcllate remedv against the said proceedings dated 12-09 2024 (irnpugned in W.P. No.27516 of 2024\ ' has already pursued the matter before respondent No 3. Since an appeal has been filed and dismissed, W.P.No-27516 of 2024, which pertains to the original proceedings, is rendered infructuous and is accordingly closed'

6. With regard to W.P.No.36825 of 2024, it is observed that as pcr law, a revision lies before the Government against the appellate ordcr dated 1 | .11, .2024. Hence, the petitioner has an effective alternative remedy. 7 . [n view of the above, W.P. No.36825 of 2024 is disposed of' granting Iiberty to the petitioner to avail the revision remedy belore thc competcnt Government authoriry in accordance il'ith lari" No To, Miscellaneous applications, if any pending, shall stand closed //TRUE COPY// SD/- B.REKHA RANI ISTANT RE SECTION OFFICER

1. The Principal Secretary, Tribal Welfare Depart State of Telangana nt, Secretariat. Hyderabad,

2. The Agent To Government/ District Collector, Adilabad, Dist. Adilabad. 3. The Additional Agent to Government cum Project Officer, ITDA Utnoor' Dist. Adilabad.

4. The Special Deputy Collecto(TW), Utonoor, Dist. Adilabad 5. The Agency Divisional Officer cum RDO, Adilabad. 6. The Tahsildar, Janinoor fVandal, Dist. Adilabad. 7. One CC to SRI KONDADI AJAY KUII/AR, Advocate IOPUC] 8. Trvo CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies BSR C)o% HIGH COURT DATED: 1210812025 1 J COMMON ORDER WP.Nos.27516 and 36825 of 2024 l,' :.:., :,- 'i 7 ii[v li]25 i CLOSING THE W.P.No.27516 ot 2024 E\ DISPOSING OF THE W.P.No.36825 of 11024, WITHOUT COSTS