Allowed

Doddi Bhadraiah, v. The State of Telangana

Telangana HC11 Jun 2021WP/13104/2021

Case brief

AI extract

What is this about?

The High Court entertained a writ petition challenging orders rejecting a stay application in a tribal land land transfer dispute. The Court issued an interim direction maintaining the status quo in possession. It directed the Government to decide the pending revision petition as early as possible.

What did the court decide?

Status quo maintained; Government directed to decide the revision petition as early as possible.

Doddi Bhadraiah, Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGAN,A AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY ,THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION NO: 13104 OF 2021

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Between:

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Doddi Bhadraiah, S/o Pedda Pentaiah @ Venkataiah, Age. 56 years, Occ. Govt. Servant, R/o Samithisingaram Village, Manuguru Mandal, Bhadradri Kothagudem District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary,Tribal Welfare Department, Secretariat, Hyderabad.

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2 The Additional Agent to the Government And Project Officer, ITDA, Bhadrachalam, Bhadradri Kothagudem District.

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3 The Special Deputy Collector (TW), Bhadrachalam, Bhadradri Kothagudem District.

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4 The Tahsilder,, Manuguru Mandal, Manuguru, Bhadradri Kothagudem District. 5 Payam Ramulu,, S/o Payam Bakkaiah, Rl/o Samithisingaram Village, Manuguru lvlandal' Bhadradri Kothagudem D strict

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...RES'.NDENTS

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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 Writ, Order or direction more in the nature of Mandamus declaring the orders passed by the first respondent in Memo No. 600/TW.LTR/2021 dated 26.05.2021 rejecting stay application while admitting revision petition filed by the writ petition for suspending the operation of the orders^passed by the special deputy collector (TW) in LTR case no 21712000 MGR dt 2011012007 and also passed by the addl agent to the government Bhadrachalam inC.M.A, No. 1112013 dt. 04.04.2015 commmunicated on 16.03.2021 in respect Of the lands to an extent of Ac.3.39 gts. in Sy.No.314/209 situated at Samithisingaram Village of Manuguru lVlandal of Bhadradri Kothagudem District is arbitrary, illegal and violative of Article 14,21 and 300(4) of the Constitution of lndia and also, the^provisions of A.P.(Schedule Areas) Land Transfer^Regulation1 of 1959 and its Amendment 1 of 1970 and consequentially declare that the^Petitioner is entitled to continue in^possession and enjoyment of the lands till the disposal of^the Revision pending before the Government.

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lA NO: 1 OF 2021

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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 issuean} interim direction directing the Respondents not^{to evict the Petttionerfrom possession} and enjoyment of the suit schedule land situated in^{Sy.No.314/209 situated at} Samithisingaram Village of Manuguru^{Mandalof Bhadradri Kothagudem Districtto an} extent of Ac.3.39^{gts. pending} disposal of the^{above writ petition.}

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Counsel for the Petitioner : SRI K. SARATH

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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 No.5:-------

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The Court made the following: ORDER

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¶22

THE HON'BLE^{SRI JUSTICE T.AMARNATH GOUD}

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WRIT PETITION^{No.13 LO4 of 2021}

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ORDER:

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i It is the case of the^{petitionerthatthe fatherof the petitionerhad} been in possession^{of the subject land since 1'966 by purchasingthe} same. The^{petitioner asserts that his fatherpurchasedthe property} before the commencement^{of Land'Iransfer RegulationAct However, in} view of the disputes between^{the petitioner and the unofficial respondent} the third respondent^{SpecialDeputy Collector (TW) Bhadrachalam,} Bhadradri Kothagudem^{Districtpassed orders of ejectment of the} petitioner in LTR Case No.217/2000/^{MGR, Aggrievedthereby, the} petitioner hled an appeal before the^{District Collector' Hor.l'ever,the said} appealwasdismissed.ThereafterthepetltionelfiledaRevisionbeforethe Government, ln the^{process of litigation, the Governmenthas admitted} the Revision hled by the^{petitionerby condonrng the delayHowever, the} application for^{grantingof stay was rejected.}

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2 ln view of the balance of^{convenience lying in favourof the} petitioner since they are in^{possession of the subjectproperty for decades} together, this Court^{is inclinedto protect the interest oI the petitioner} with regard to his^{possession over the subject property.}

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3 Accordingly, this Writ^{Petition isdisposed of directingthe} Government to decide the^{Revision preferredby the petitioneras early as} possible and during the^{pendency of the Revision, there shal1be an order} of status-quo to be maintained^{by both parties.No order as to costs'} Miscellaneous^{petitions if any pending in this writ Petition sha.11stand} closed.

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SD/- I.NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY// G,, SECTION OFFICER

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To, I The Principal^{Secretary, Tribal Welfare Department' State of Telangana'} Secretariat,^HYderabad.

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2 it B;;;;;;ti"l;r, "'niiiiti,j"ii Agent^B'hadradri to the^{Kothagudem District'Government And Project officer'ITDA'}

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(g*'f

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The Special Deputy Collector (TW), Bhadrachalam, Bhadradri Kothagudem District.

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The Tahsild^er, Manuguru Mandal, Mqlugyru, Bhadradri Kothagudem District. 5. One CC to Sri K. Sarath, Advocate tOputl 6. Two CCs to GP for Social Welfare, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CD Copies

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HIGH COURT

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/?^{DATED:1110612021}

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ORDER

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WP.No.13104 ot 2021

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DISPOSING OF THE WP WITHOUT COSTS

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Doddi Bhadraiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Doddi Bhadraiah, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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