Disposed

Bandala Suryanarayana v. The State of Telangana

Telangana HC13 Feb 2023WP/23489/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the rejection of a stay application and admission of a revision regarding land transfer. It directed the respondent to dispose of the pending revision within four months while continuing the existing interim order to prevent eviction.

What did the court decide?

Directed the respondent to dispose of the pending statutory revision petition within four months while continuing the interim order preventing eviction.

Bandala Suryanarayana Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[³³⁰³ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY HE THIRTEENTH DAY OF FEBRUARY TWO IHOUSAND AND N/VENry THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J,SREENIVAS RAO

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WRIT PETITION NO: 23489 OF 2021

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Between:

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Bandala Suryanarayana, Sio Kannaiah, Age. about 74 Years, Occ ;Agriculture, R/o Annaram Village, Manuguru Mandal, Bhadradri Kothagudem District.

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...PETITIONER

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AND

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

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

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

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The Tahsilder, Manuguru Mandal, Manuguru, Bhadradri Kothagudem District

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Yendari Venkateswarlu, S/o Mulaiah, R/o Annaram Village, Manuguru Mandal, Bhadradri Kothagudem District.

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..RESPONDENTS

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Petition Under Article 226 oI 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, Order or direction more in the nature of Mandamus declaring the orders passed by the first respondent in Memo No. 1101mWlTR/2021 dated 0910912021 rejecting stay application while admitting Revision Petition filed by the Writ Petitioner for stay the orders passed by the Special Deputy Collector (TW) in LTR Case No. 123|2008/MNGR dt. 1611012008 and also the orders passed by the Addl. Agent to the Government, Bhadrachalam in C.M.A. No. 43/2013 dt.2410612021 in respect of the land to an extent of Ac.1 .20 gts. in Sy.No.'182 situated at Annaram Village of Manuguru Mandal 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 Telangana (Schedule Areas) Land Transfer Regulation^'1 of 1959 and its Amendment 1 of 1970 and consequentially declare that the Petitioner is entitled

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to continue in possession and enjoyment of the lands till the disposal of the Revision pending before the Government.

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l.A.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 issue an interim direction directing the Respondents not to evict the Petitioner from possession and enloyment of the suit schedule land situated in Sy.No.182 situated at Annaram Village of Manuguru Mandal of Bhadradri Kothagudem District to an extent of Ac.1 .20 gts. pending disposal of the above writ^petition-

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Counsel for the Petitioner : SRI.KRISHNA KISHORE KOVVURI

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Counsel for the Respondents : AGP FOR SOCIAL WELFARE

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The Court made the following ORDER

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HON'BLE SRI JUSTICE J. SREENIVAS RAO

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WRIT PETITION No.23489 of 2O2l

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ORDER:

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Heard learned counsel for the petitioner and learncd Assistant Government Pleader for Social Welfarc.

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This writ petition is filed seeking writ of mandamus declaring the orders passed by the respondent No. I in Memo No. llOl/TW.LrR/2021, dated O9.O9.2021 rejecLing the stay application while admitting the revision petition filed by the petitioner as illegal and arbitrary.

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Learned counsel for the petitioner submits that the petitioner filed revision petition before respondent No.l aggrieved by the order passed by respondent No.2 in CMA No.43 of 2O13 dal.ed 24-06-2021 conlirming the order passed by respondent No.3 in LTR Case No.123/2OO8/MNGR dated 16. f O.2OO8 in respect of land admeasuring to an extent of Ac.4.2O guntas in Survey No.182, situated in Annaram village, Manuguru Mandal, Bhadradri Kothagudem District.

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He furthcr submits that respondent No.1 while admitting the revision petition rejected the stay pctition without giving any opportunity to the pctitioner and passed impugned Memo No.1101/TW.LTR/2O21, dated 09.O9.2O2L.

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By virtue of thc rejection of stay, the respondent No.4 is trying to take steps to vacate the petitioner from the subject land. This court while ordering Notice before Admission granted interim order dated 23 O9-2O21 and the same is continuing till date.

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A perusal of the record would reveal that the revision petition filed by the petitioner is pending before respondent No.1.

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In view of the pendcncy of statutory revision, without going into the merits of the case, this writ petition is disposed of directing respondent No.1 to dispose of the revision petition filed by the petitioner within a period of four (4) months from the date of receipt of the copy of this order after giving opportunity to the petitioner as well as respondents in the revision petition in accordance with law. Till such time the interim order granted by this Court on 23-O9-2O2 1 shall continue. No costs.

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As a sequel thereto, misccllaneor.rs applications, if any, pending in this writ petition, shall stands closed.

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SD/- K.SREERAMA MUR ASSISTANT REGIS iiTRUE COPY' SECTION FFICER

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To 1. The Principal Secretary, Tribal Welfare Department, Secretariat, State of Telangana at Hyderabad.

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

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

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The Tahsilder, Manuguru Mandal, Manuguru, Bhadradri Kothagudem District 5. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad. [OUT]

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One CC to SRI.KRISHNA KISHORE KOWURI, Advocate [OPUC]

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Two CD Copies

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One spare copy

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S.A. GJP

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HIGH COURT

DATE D: 1 310212023

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ORDER

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WP.No.23489 of 2021

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DISPOSING OF THE W.P WITHOUT COSTS.

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\o .La <sup>oJ'r $s(

Bandala Suryanarayana v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bandala Suryanarayana 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

Parties & counsel

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