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 a wril order, or direction more particularly one in the nature of writ Mandamus declaring the action of the Respondent No.4 i.e., Tahsildar, Palvancha Mandal, who is attempting to dispossess the Petitioner based on the orders passed by the 3rd respondent in LTR Case No. 23l2O21lPVC dated 25-10-2024 , despite an appeal CMA No.73 of 2024 pending before the respondent No.2 as illegal and arbitrary, in Violation of Article 21,-1 300-A of Constitution of lndia and also in violation of principals of natural justice. Consequently, direct the Respondent No.4 not to interfere with the peaceful possession and enjoyment of the Petitioner's agriculture land in Sy.No.126/165, Ac.11.20 gts., situated at Pandurangapuram Village, Palvancha Mandal, Bhadradri Kothagudem District , and also set aside the order passed by the respondent No. 3 i.e., Special Deputy Collector (TW), Bhadrachalam, Dated 25-10-2024 in L.T.R. Case No. 23t2021|PVC. lA NO: 1 OF 2025 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 direct the respondent no.4 not dispossess the petitioner from the agriculture land in Survey Number Sy. No.1 2611 65, Ac.1 1 .20 gts., situated at Pandurangapuram Village, Palvancha Mandal, Bhadradri Kothagudem District by suspending the operation of LTR Case No. 23l2021lPVC dated 25-10-2024 , issued by the 3rd respondenl, pending disposal of the above writ petition. Counsel for the Petitioner: SRI P.CHAITHANYA Counsel for the Respondent Nos.1 TO 3: GP FOR SOCIAL WELFARE Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent Nos.5 TO 7: -- The Court made the following: ORDER / / HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.29 oJ 2O25 ORDER: Heard Sri Paidipalli Chaithanya, learned counset appearing on behalf of petitioner, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos, 1 to 3 and learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No,4.

2. The petitioner approached the Court seeking prayer as under: "...to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.4 i,€. Tahsildar, Palvancha Mandal, who is attempting to dispossess the petitioner based on the orders passed by the 3.d respondent in LTR Case No.23l202I/pVC dated 25- tO-2024 despite an appeal CMA No.73 of 2024 pending before the respondent No.2 as illegal and arbitrary, in violation of Articles 21- 1, 300-A of Constitution of India and also in violation of principals of natural justice. Consequently direct the Respondent No.4 not to interfere with the peaceful possession and enjoyment of the petitioner's agriculture land in Sy. No.1261165, Ac. 11.20 gts \ I 2 SN, J \NP _29 2025 situated at pandurangapuram Village, palvancha Mandal, Bhadradri Kothagudem District and also set aside the order passed by the respondent No.3 i.e. Special Deputy Collector (TW) Bhadrachalam Dated 25-LO-2024 in L.T. R. Case No.23l202I/pVC and pass...". 3, The case of the petitioner in brief is that petitioner is the absolute owner of the agricultural land to an extent of Ac. 10.00 guntas situated in Sy.No. L26/165, Ac.5.00 guntas in Sy.No. L26/L69, Ac.5.00 guntas in Sy.No. L26/770, Ac.5.00 guntas in Sy.No.1261168 total an extent of Ac.25.00 guntas situated at Pandurangapuram Village, palvancha Manctal, Bhadradri Kothagudem District. Since the date of purchase of subject property from the original pattedar through sada sale deed dated 31.01.2016 for valid consideration, the.petitioner had been in peaceful possession and enjoyment of the subject property. However, the unofficial respondent Nos.5 to 7 herein illegally encroached the subject land forcibly and the 3.d respondent n2 1 2 2 t 4th r etectment ol th e res DOndent N os .5 to 7 he I d n r m so er tn the poss e s ron of m mov Aggrieved by the said order dated 25.70.2024 passed in LTR ab le D t'oD -t SN. J u I, t9 t0l5 Case No. 23/2021/PVC of the 3'd respondent herein, the petitioner gave a complaint before the 3'd respondent and the 3'd respondent issued Form-E notices in LTR Case No. 23/2021/PVC and passed orders on 25.t0.2024. The petitioner preferred CMA No. 73 of 2024 on the file of 2nd respondent along with stay application, however, the 2nd respondent had not proceeded with hearing in CMA No. 73 of 2024 though more than 60 days had elapsed. Aggrieved by the action of the 2nd respondent in not taking action for disposal of CMA No. 73 of 2024 and under apprehension that the 4th respondent may implement the proceedings of the 3'd respondent dated 25.10.2024 passed in LTR Case No. 23/2O21/PVC, the petitioner approached the Court by filing the present writ petition.

4. Learned Government Pleader for Social Welfare appearing on behalf of respondent Nos. 1 to 3 submits that the petitioner cannot pursue two parallel remedies and the 2nd respondent may be directed to dispose of the C.M.A. No. 73 of 2024 which is pending for adjudication before the 2nd respondent.

5. Takinq into consideration 4 (a) The submissions made by the learned counsel SN. J \-\'P 29 2025 appearing on behalf of the petitioner, (b) The submissions made by the learned Government pleader for Social Welfare appearing on behalf of respondent Nos.1 to 3 (c) The fact that petitioner had preferred C.M.A. No. 73 of 2024 on the file of 2"d respondent against the order dated 25.1O.2O24 passed in LTR Case No. Z3/2OZL/r|VCby the 3'd respondent, and the same is pending for adjudication and final disposal by the 2d respondent. The writ petitaon is disposed of directing the 2nd respondent to dispose of the C.M.A. No. 73 ot 2OZ4 on merits which is pending for adjudication, on the fire of 2nd respondent, in accordance to law, in conformity with principles of natural justice, within a period of six (G) weeks from the date of receipt of a copy of this order by giving due notice and opportunity of personat hearing to all concerned. Till the above exercise is initiated and concluded by the 2nd respondent by passing appropriate orders as per the directions as indicated as above, within the time period as stiputated as above disposing of C,M.A. 5 SN, J wP 29 2025 No.73 of 2O24 on merits preferred by the petitioner before the 2nd respondent aggrieved against the order dated

25.10.2024 passed in LTC Case No.23/2O2L/PVC passed by the 3'd respondent, Status guo as directed to be maintained in respect of the land to an extent of Ac.11.2O guntas in Sy.No. L26/L65, situated at Pandurangapuram Village, Palvancha Manda!, Bhadradri Kothagudem District. However, there shall be no order as to costs. The miscellaneous applications, if any,,shali stand closed. //TRUE COPY// SD/.A.V.S.PRASAD ASSI TA T REGISTRAR E TION OFFICER The Principal Secretary, Tribal Welfare Department, Secretariat Buildings, Hyderabad, State of Telangana. The Additional Agent to Government, Project Officer, ITDA, (lntegrated Tribal Development Agency), Bhadrachalam. The Special Deputy Collector, Tribal Welfare, Bhadrachalam, Bhadradri Kothagudem District. The Tahsildar, Palvancha Mandal, Bhadradri Kothagudem Dist One CC to SRI P.CHAITHANYA, Advocate [OPUC] Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To \ I 2 3 4 5 6 7 I PSK. GJP ftX HIGH COURT DATED:0310112025 ORDER WP.No.29 of 2025 HE ST4 o 0 4 FrB 2[25 z a + O6,sPArr; DISPOSING OF THE WRIT PETITION WITHOUT COSTS