Eesam Subba Rao v. State of Telangana

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to decrare that, the non-disposar of LTR case Rc.No. E/725l2022 by 2nd respondent is dereriction of duty, as respondents 3 to 12 who are non-tribars are in occupation of the rand of the petitioner who is a tribar and issue a writ, order or direction more particurarry one in the nature of writ of Mandamus directing the 2nd respondent to dispose of the LTR Case Rc.No.E/725l2022 as early as possible. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 2nd respondent to dispose of the LTR case Rc.No.E n2st2o22 as earry as possible, pending disposal of writ petition. Counsel for the petitioner : SRI V.V.RAGHAVAN Counsel for the Respondents No.1&2 : Gp FOR SOCIAL WELFARE Counsel for the Respondents No.3to12 : The Court made the following: ORDER _ HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No. 35 ot 2lJ25 ORDER: Heard Sri V.V. Raghavan, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 & 2.

2. The oetitioner aDDroached the Couft seekino oraver as under: "...to declare that, the non-disposal of LTR Case Rc.No. E/725/2O22 by 2nd respondent is dereliction of duty as respondents 3 to 12 who are non-tribals are in occupation of the land of the petitioner who is a tribal and issue a writ, order or direction more particularly one in the nature of Writ of Mandamus directing the 2nd the LTR Case respondent to dispose of Rc.No.E/725/2022 as early as possible and to pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case."

3. It is the specific case of the petitioner, that the petitioner is the owner of Acs.2-02 guntas in Survey No.259, Acs.2-04 guntas in Survey No.262 and Acs.2-21 guntas in Survey No.253 of Irsulapuram Village, Bayyaram Mandal, Mahabubabad District. It is further the case of the petitioner that respondent Nos.3 to 12, who are non-tribals, filed LTR Case Rc.No.E/725/2022 before 2 respondent l,lo.2 herein and respondent Nos.3 to 12 are raising wet paddy crops and realizing huge income and whereas, the petitioner is deprived of his income. Respondent No.2 had been issuing notices to the petitioner and also to respondent Nos.3 to 12 for an enquiry, but however is not deciding the subject case since the year 2022. Hence, the petitioner constrained to fire the present writ petition.

4. Learnecl counsel appearing on behalf of the petitioner submits that respondent No.2 needs to be directed to dispose of LTR Case Rc.No.E/725/2022, in accordance to law, within a reasonable pe riod.

5. Learned Government pleader for Social Welfare, appearing on behalf of respondent Nos.1 & 2, does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

6. Ta kinq in o cons idera tion: (a) The aforesaid facts and circumstances of the case, , I -) (b) The submissions made by the learned counsel appearing on behatf of the petitioner and the learned Government Pleader for Social Welfare, appearing on behalf of resPondent Nos.1 & 2, and, (c) The fact that LTR Case Rc.No.El725l2O22, filed by the respondent Nos.3 to 12 under Section 1(a) of Section 3 of the Telangana State Schedule Areas Transfer Regulations 1 of 1959, as amended by Regulations tlL}TO read with 7(1 & 2) of Telangana State Schedule Areas (Land Transfer Rules), 1989, is pending before respondent No.2 since the year 2O22, The Writ Petation is disposed of directing respondent No.2 to dispose of the LTR Case Rc.No.E/725 12022 on merits, pending before respondent No.2, in accordance to law, in conformity with the principles of natural justice, by giving due notice to the petitioner and also to respondent Nos.3 to 12, after final adjudication of the subiect issue within a period of eight (8) weeks from the date of receipt of a copy of this order. However, there shall be no order as to costs. 4 As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed. To, //TRUE COPYII SD/. V.KA ITHA ASSISTANT REGI TRAR SECTION OFFICER ' J[?i;'ii5:l.,3fflltftia"',.:l[Srand sociarwerrare Departmenr, secretariat, , J,:ifln"*?:?ivisionat officer, (Revenue Divisionarofficer), Mahabubabad,

3. One CC to SRt V.V RAGHAVAN, Advocate. tOpUCJ 4. l*.o CCs to Gp FOR S r etangana. [oUTl oCIAL WELFARE' High Court for the State of

5. Two CD Copies. BSK apsK i I i I I J I l \ I ) ( t' 5 i) ,, li 4 rits 2025 t / ,F.^,, --- a ia\r\ :.-:a-:--2' \\ Il ..: ,, .! '/ HIGH COURT DATED:0310112025 ORDER WP.No.35 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \9