Allowed

ThulIuri Shamanthakamani v. The State of Telangana and 4 Others

Telangana HC13 Feb 2023WP/28080/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed challenging an order rejecting a stay application. The Court noted that the underlying revision petition was pending before the respondent. It directed the respondent to dispose of the revision within four months while continuing the existing Status Quo order.

What did the court decide?

Directed the respondent to dispose of the pending revision petition within four months. Directed that the Status Quo order granted earlier shall continue until disposal of the revision.

ThulIuri Shamanthakamani Vs The State of Telangana and 4… — Land Acquisition | 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, THE THIRTEENTH^{DAY OF FEBRUARY} TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{J.SREENIVASRAO}

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WRIT PETITION NO: 28080 OF²⁰²¹

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Between:

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Thulluri Shamanthakamani,^{Wo.Venkateswarlu,Aged57 years,Occ.Housewife,} R/o.H.No.1 1-10-730t17t20,^{Flat No.402,CC Towers, Burahanpuram, Khammam} Town and District.

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...PETITIONER

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AND

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The State of Telangana,^{Rep,by its Principal Secretary,for Tribal welfare,} Secretariat, Hyderabad.

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TheAdditional Agent to^{Government, Bhadrachalam, Bhadradri Kothagudem} District.

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

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The Tahsildar, Aswapuram^{Mandal, BhadradriKothagudem District.}

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Thotaku ta Paramanandarao,^(died)

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...RESPONDENTS

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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 particularly one in the nature of} Writ of Mandamus to^{declarethe impugned orders dated7l1Ol2O21 vide memo} No.1072ffW.LTR/2021 of^{the RespondentNo. 1 in rejecting the stay petition} dated O6tO8t2O21 in revision^{petitiondated 61812021which is filed against the} orders dated 24lOOl2O21^{passedln C.M.A.No.32 of 2015 on the file of the 2nd} respondent herein in L.T.R.^{Case No. 55/99/APwithout hearing the- matter is} illegal, arbitrary, violation^{of principlesof natural justiceand violation of Article 21} aOO-R constitution of^{lndia and consequently set aside the impugnedorders'} "nJ dated 7 t1Ol2O21 vide^{memoNo.1072ffW.LTR/2021.}

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|.A.NO:'f 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 suspended the impugned orders dated 711012021 vide memo No.1072lTW.LTR/2O21 by directing the respondents not to interfere into peaceful possession and enjoyment of the land to an exlent of Ac.2-20 gts in Sy. No. 400i69, situated at Aswapuram Village and Mandal, Bhadradri-Kothagudem District pending disposal of the writ petition.

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A.NO:2 OF 2021

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Between:

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Thulluri Shamanthakamani, Wo.Venkateswarlu, Aged 57 years, Occ.Housewife, R/o.H.No.11-'10-730117120, Flat No.402, CC Towers, Burahanpuram, Khammam Town and District.

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...PETITIONER/PETITIONER

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AND

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The State of Telangana, Rep, by its Principal Secretary, for Tribal welfare, Secretariat, Hyderabad.

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The Additional Agent to Government, Bhadrachalam, Bhadradri Kothagudem District.

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

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The Tahsildar, Aswapuram Mandal, Bhadradri Kothagudem District.

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Thotakura Paramanandarao, (died)

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Thotakura Jhansirani, Wo.Paramanandarao, aged 76 years, Rl/o.Amaravaram, Velerupad Mandal, West Godavari District, Andhra Pradesh.

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Thotakura Ramachander Rao, Sio. Paramanandarao, aged 52 years, R/o.Amaravaram, Velerupad Mandal, West Godavari District, Andhra Pradesh.

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Thotakura Ravishankar, S/o.Paramanandarao, aged 48 years, Fl/o.Amaravaram, Velerupad Mandal, West Godavari Didtrict, Andhra Pradesh.

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...RESPONDENTS/RESPONDENT NOS.6-8

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IS THE PROPOSED RESPONDENT

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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 pass orders by impleading the proposed Respondents as Respondent Nos.6-8 who are legal heirs of the Sth respondent in l.A.No.01 of 2G21 in W.P.No.28080 of 2021and W.P.No.28080 of 2021

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Counselfor the Petitioner : SRI.PULLA RAO YELLANKI

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Counsel for the Respondent Nos.1 to 4 : AGP FOR SOCIAL WELFAp,

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Counselfor the Respondent Nos.S to 8 : --

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The Court made the following ORDER

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f (

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HON'BLE SRI JUSTICE J. SREENIVAS^RAO

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WRIT No. of 2()21

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ORDER:

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Heard learned counsel for the^{petitiorier and learned} Assistant Government Pleader for^{Social Welfare.}

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This writ petition is fited seeking writ of^mandamus declaring the orders^passed by the^{respondent No.1 in Memo} No. 1 O72 /TW.LTR/ 2O2L, dated^{07.1O.2021rejecting 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.32 of 2015 dated 24-06-2021 conftrming the^{order passed} by respondent No.3 in LTR Case No.55/99/APM^dated 24.O4.2OOO in respect of land admeasuring to an^extentof Ac.2.2O guntas in Survey No.4OO/ Ll /69 /^{AA, situatedin} Aswapuram village & Mandal, Bhadradri KothagUdem^District.

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He further submits that respondent No.l^while admitting the revision petition, rejected the stay petition without giving any opportunity to the petitioner and passed impugned Memo No. I O72 /TW.l.xlF./ 2O2L, dated OZ.lO.2O2l

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By virtue of rejection of^{the stay, respondent No.4 is trying} -^to take steps to vacate the^{petitioner from the subjectland. This} Court while ordering^{notice before admission granted Status-} Quo^{order on O9. It.2021 and the same is continuingtill date.}

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A perusal of the^{record would revealthat the revision} petition filed by the^{petitioner is pending before respondent} No.1.

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[n view of the^{pendency of statutoryrevision,without} going into the merits of the^{case, this writ petition is disposed} of directing respondent^{No.1 to dispose of the revisionpetition} filed by the petitioner^{withina period of four 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 Status-Quo order} granted by this Court on O9.^{lL.2O21shall continue. No costs.}

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As a sequel thereto,^{miscellaneous applications, if aoY,} pending in this writ petition,^{shall stands closed.}

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SD'.NAYANI^{CHANDRA SEKHAR RAO} AslSibfANr^REGISTRAR

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,/TRUE^COPY/

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SECTION^OFFIGER

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To l.ThePrincipalsecretary,TribalWelfare,secretariat,stateofTelanganaat 2. HvOeraOaO. TheAdditional .^Agent - a^to a^^{Govemment' Bhadrachalan} ^^,,^mrn r, BhadradriKothagudem District.

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3.TheSpecialDeputyCollector(TW),Bhadrachalam,BhadradriKothagudem District.

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I^{The Tahsildal,lAgryqpuramMandar,Bhadradri KothagudemDistrict.} 5. Two ccs to GP FoR soctAl WELFARE, High coui for the state of _^{Telan_ganaat Hyderabad.} TOUTI 6. One CC to SRI.PULLA RA-O YELLANK|, Advocate [OpUC] 7. Two CD Copies 8. One spare copy S.A. SW

HIGH COURT

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DATED i1310212023

ORDER

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WP.No.28080 of 2021

DISPOSING OF THE W.P

WITHOUT COSTS.

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ThulIuri Shamanthakamani v. The State of Telangana and 4 Others

Case brief

What is this about?

What did the court decide?

ThulIuri Shamanthakamani v. The State of Telangana and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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