Banda Somi Reddy vs The State of Telangana

I HIGH COURT FOR THE STATE OF TELAN.GANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TENTH DAY Of -[A.T,CH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE P' MADHAVI OEVI WRIT PETI TION NO:1 2357 OF 2022 Between: 1- Banda Somi Reddy' S/o Late Ranga Reddy, Aoed about 64 Years, occ.

Asriculture, nuo rno!tEe"m'r7ii;d;"fi;"p;t<aivraniii' Bhadradri Kothasudem District.

2.BandaMohanReddy'S/oLateRangaReddyAoedabout5TYears,occ.

Asriculture, nvo r no&airi vlr[]gl' pfrip"ra rvr'ano"it' Bhadradri Kothagudem District. ...PETIT|oNERS AND 1.

2.

J.

4( The State of Telangana, Rep. by. its,Principal Secretary, Tribal Welfare ?f, 8fl :lft ,:'#"4'J3',i',13'i'['3?',i""ih"tl,q1gp9l-oiicer,rrDA)' Bhad rachatam, Bhad radrr Ko-tiugiji;; Dibtricl. (Erstvvhile Agent to 9frJ"Jil?ll S:r,:'txHffiL|. (rw), Bhadracharam (Erstwhire Parvancha)' + l: +: I I f : :: A'#rt;#', 3lill i p i n.a.ps k a, B-n39 gg't Ko th a s u d e m D i st ri ct' rotem Hanumaiah, RJo l"i"]iiJtJ'vir"-g!, pinapaXa tvlandil' Bhadrad ri Kothagudem District. ...RESPONDENTS PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ' Order or direction more in the nature of Mandamus declaring the orders passed by the first respondent in Memo No 230/TW LTR/ 2022.1 , dated 25.o2.2022 rejecting Stay application while admitting Revision petition filed by the writ petitioners for stay the orders passed by the Special Deputy Collector (W), Bhadrachalam (erstwhile Palvancha) in LTR Case No.278l88/PNK, dated 30'03'1998 and also the orders passed by the Agent to Government at erstwhile Khammam (Presently Addl' Agent to the Government' Bhadrachalam) in C.M.A'No 47199' dated O5'12'2OOO in respect of the land admeasuring to an extent of Ac'2'12 gts' and Ac'1'05 gts'' total Ac'3'17 gts' in Sy.Nos. in Sy.Nos.321 and 322 situated at Pinapaka Village of Pinapaka Mandal of Bhadradri Kothagudem District is arbitrary' illegal and violative of Anicle 14' 21 before the Government' 2 and 300(A) of the Constitution of lndia and also the provisions of Telangana (Schedule Areas) Land Transfer Regulation '1 of 1959 and its Amendment 1 of lgT0andconsequentiallydeclarethatthePetitionersareentitledtocontinuein possession and enjoyment of the lands till the disposal of the Revision pending L IA o 1 F 2 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court maY be Pleased to issue an interim direction directing the Respo ndents not to evict the Petitioners from possession and enjoyment of the suit schedule land situated in SY Nos 32'1 and 322 situated at Pinapaka Village of Pinapaka Mandal of Bhadradri Kothagudem District to an extent of Ac 2'12 gts' and Ac.1.05 gts., total Ac 3 17 gts. pending disposal of the above writ petition' Counsel for the Petitioners: SRI' K SARATH Counsel for the Respondent Nos'1 to 4: GP FOR SOCIAL WELFARE Counsel for the Respondent No'5: NONE APPEARED The Court made the following: ORDER THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI WRIT PETITION No 12357 oF 2022 ORDER: This writ petition is filed seeking a writ of Mandamus declaring.the orders passed by the l" respondent in Memo No.230lTW.LTN2022-1, dated 25'02'2022 rejecting stay application while admitting Revision Petition filed by the writ petitioners for stay of the orders passed by the Special Deputy colrector (TW), Bhadracharam (erstwhile parvancha) in LTR case No.278i88/pNK, dated 30.03.199g and arso the orders passed by the Agent to covemment at erstwhire Krrammam (presently Additional Agent to the Government, Bhadrachalam) in C.M.A.

No.47 of 199g, dated 05.12.2000 in respect of the land admeasuring to an extent of Ac.2. l2 gts. and Ac.

1.05 gts., total Ac.3-17 gts., in Sy.Nos. in Sy.Nos.32l and 322 situated at Pinapaka village of pinapaka Mandal of Bhadradri Kothagudem District as illegal, arbitrary and violative of Article 14, 2l and 300(4) of the Constitution of India and also the provisions of Telangana (Schedule Areas) Land Transfer Reguration l of 1959 and its Amendment l of 1970 and consequentiaily declare that the petitioners are entitled to continue in possession and enjoynent of the lands till the disposal of the Revision pending before the Govemment.

1- 2 2.

It is submitted by the learned counsel for petitioners that the subject matter of this writ petition is squarely covered by order dated 24.08.202 I passed in Writ Petition No.19836 of 2021 and in this writ petition also similar order may be passed. into consideration, this writ petition is also disposed of in terms of the order dated 24.08.2021passed in Writ Petition No.19836 of 2021.

2021 passed in Writ Petition No.19836 of 2021.

5.

Accordingly, this writ petition is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

Sd/.

T.SRINIVAS ASSISTANT REGISTRAR Gn SECTIbN OFFICER //TRUE COPY// ' i i$*trffiit{!i,t:H'i[n{ff#[{n'-:i.;'!ffi 8.

One Spare CoPY CHR 5/ e-/ 3.

Taking the above submission of the leamed counsel for petitioners 4.

The Registry is directed to append a copy of the Order dated 24.08.

I 4 HIGH COURT DATE D: 1 010312022 ORDER W.P.No.12357 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o gl t4AR2fr22 ( * lHE S t,4 Hf,g rf t. * 9