Manga Somaraju v. The Special Deputy Collector (Tribal Welfare)

Telangana HC10 Sept 2024WP/15843/2010

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging eviction orders. Relying on counter-affidavits showing 25-year cultivation by petitioners and lack of interference by authorities, the Court directed respondents not to evict petitioners without following due process of law.

What did the court decide?

Directed respondents not to evict petitioners from the subject land without following due process of law.

Manga Somaraju Vs The Special Deputy Collector (Tribal… — Land Acquisition | Telangana HC (2024)

¶1

l32s2l

¶2

HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

¶3

TUESDAY, THE TENTH^{DAYOF SEPTEMBER} TWO THOUSAND AND^TWENTYFOUR

¶4

PRESENT

¶5

THE HONOURABLE^{MRSJUSTICESUREPALLINANDA}

¶6

WRIT PETITION NO^{: 15843 OF 2010}

¶7

Between:

¶8

I Manga Somara.iu, S/o.^{Seethaiah, aged about 70 years,} 2 lvlanoa Venkateswarlu @^{Venkateswar Rao SJo'Somaraju} nio^{-Gtarrrigrdemvillage, AiwaraopetMandal, Khammam District}

¶9

J Manga Ganesh, S/o. Somaraju,^{aged about 38 years,} All are R/o. Naravarigudem^{village,Aswaraopet Mandal, Khammam District}

¶10

4 tvlanoa Govindha Raiu,^{S/o. Late lvlanga Somaraju,ASglabout} -32^years' Occ." Business, R/o.^{H.No.3-64.Naramuvarigudem} -Vrllage^Aswraopel lfiinO"i el,ratairi Kothagudem^{District.(Old Khammam District)'} Petitioner No.4 is brought^{on record as LR of the deceased Petitioner No 1 as} per C O. dt.06 02 2023in l.A No^{1 o'f 2023}

¶11

...PETITIONERS

¶12

AND

¶13

1 The Special Deputy^{Collector(TribalWelfare)' Bhadrachalam, Khammam} District

¶14

2 The Tahsildar, Aswaraopet^{Mandal, Khammam District}

¶15

J Manugonda^{Mutyalu, S/o.ManugondaPolaiahand Manugonda Venkamma} (diedf aged about 33 Years,

¶16

4 Manugonda Sreenu,^{S/o.Manugonda Polaiah and Manugonda Venkamma} (died) aged about 27 Years

¶17

Manugonda Polaiah,^{S/o. Venkanna and husband of lVlanugondaVenkanna} (died) 50 years

¶18

6 Smt Bantu Durgamma,^{W/o.Bantu Ramaiah, aged about40 years,} All areR/o.Naramvarigudem^{village,Aswaraopet Mandal, Khammam District}

¶19

...RESPONDENTS

¶20

Petition under Articie^{226 of the constitutionof lndia prayingthat in the} circumstances stated^{in the affidavit filedtherewith,the High court may be} pleased to lssue an appropriate^{writ, order or direction, particularly one in the}

¶21

nat{reofMandamus'declaringtheactionoftherespondentsland2hereinin trying to evict the^{petitioners from their land admeasuringAc 135 gts situatein} S.No.385/37, land^{admeasuring Ac 4.3B, situate inS No'385/42' land} admeasuring^{Ac4.38 gts situatein S No.385/38,and landadmeasuringAc420} gtssituateinS.No.385/39,totallingtoAc.l5.20gts'situateatNaravarigudem vilalge, Aswaraopet^{Mandal' KhammamDistrict, in pursuance of the orders} dt.28.g.2OO7 in Case^{No 3O6/2007/ASPTof the 1st respondent hereinas illegal,} arbitrary, unresaonable,^{without jurisdiction, contrary to the provisionsof} A.P.Scheduled^{Area Land TransferRegulationand also violative of Articles14, 19,} 21 and 300-A^{of the constitutionof lndia and issuea consequential direction to} the respondents^{hereinnot to evictthe petitioners from the abovesaidland.}

¶22

(Since the order dt:^{27t9l2}13has not peen compliedwith wp stands} dismissed as^{against RR3 and 4 as per the saidorder}

¶23

Orderdt:Z719t2013^{is set asideas per court order dt: 30/06/2014}

¶24

NO: 1 OF 2010 WP^{MP. NO: 19938OF 2010}

¶25

Petition under section^{151 cPC praying that in the circumstances statedin} the affidavit^{filed in supportof the petition,the High Court may be pleased direct} the respondents^{herein not to evictthe petitioners from therr land admeasuring} Ac.1.35gtssituateinS.No3B5/3T,landadmeasuringAc4BT,situatein S.No.3B5/42, land^{admeasuring Ac,4.38 gts Situate in S,No.3B5/38,and land} admeasuring Ac.4.20^{gts situatein S.No.3B5/39,totallin to Ac',l5.20gts, situateat} Naravarigudem^{villge, Aswaraopet Mandal, KhammamDistrict, in pursuance of the} orders dt. 28.9.2007^{in case No.306/2007/ASPTof the 1st respondentherein} pending disposal of the above^{writ petition.}

¶26

lA NO: 1 OF 2024

¶27

Between:

¶28

'1 . The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District

¶29

2, The Tahsildar, Aswaraopet^{Mandal, :KhammamDistrict}

¶30

...PETITIONERS/RESPONDENTS

¶31

AND

¶32

t/anga Somaraju, S/o. Seethaiah,^{aged about 70 years,}

¶33

Somaraju

¶34

1. Manga Venkateswarlu @^Venkateswar ...^{Rao, Vo}

¶35

Rio. liaravarigudem village,^{AEwaraopet tvlanda l. Khammam District}

¶36

Manga Ganesh, S/o.^{Somaraju, aged about 38 years,}

¶37

Manga Govindha Raju,^{S/o. Latefulanga Somaraju, Aged about 32 years,} Occ: Business,

¶38

All are Naramuvarigudem^{Village, AswraopetMandal, Bhadradri Kothagudem} District. (Old Khammam District).

¶39

...RESPONDENTS/PETITIONERS

¶40

Manugonda Mutyalu, S/o.tvlanugonda^{Polaiah,R/oNaramvarigudemvillage} Aswaihopeta lrildndal,^{Bhadradr'i KothagudemDistrict.}

¶41

Manugonda Sreenu,^{S/o.Manugonda Polaiah, R/o R/o-Naramvarigudem} village"Aswaraopeta Mandal,^{Bhadradri Kothagudem District}

¶42

Manugonda Polaiah,^{S/o. Venkanna R/o R/o Naramvarigudem village} Aswaiaopeta Mandal,^{Bhadradri Kothagudem District}

¶43

Smt. Bantu Durgamma,^{Wo.Bantu Ramaiah, R/o Naramvarigudemvillage} Aswaraopeta lr/bndal,^{Bhadrad ri Kothagudetn District}

¶44

(R5 to 8 are not necessary^parties to^{this petition)}

¶45

...RESPONDENTS/RESPONDENTS

¶46

Petition under section 151^{CPC praying that in the circumstances stated in} the affidavit^{filed in support of the petition, the High court maybe pleased to} vacate the interim orders^{in l.A.No.1/2010in wP.No.1584312010, dt:06.07.2010} and dismiss the writ Petition.

¶47

Counsel for the Petitioners:^{SRI KIRAN REDDY MALLARAPU}

¶48

Counsel for the Respondent^{Nos.1 and 2: AGP FOR SOCIAL WELFARE}

¶49

Counsel for the^{Respondent No.3to 6: SRI R. SUDHAKARANAIDU}

¶50

The Court made the^{following:ORDER}

¶51

HON'BLE MRS JUSTICE SUREPALLI NANDA

¶52

WRIT PETITION No.15843 OF 2O10

¶53

ORDER:

¶54

Heard Sri Kiran Reddy Mallarapu, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Social Wetfare appearing on behalf of respondent Nos. 1 & 2 and Sri R.Sudhakara Naidu, learned counsel appearing on behalf of respondent Nos. 3 to 6.

¶55

The petitioners approached the Court seeking prayer as under:

¶56

"....issue an appropriate writ order or direction particularly one in the nature of Mandamus declaring the action of the respondents 1 and 2 herein in trying to evict the petitioners from their land admeasuring Ac. 1.35 gts situate in S. No 3BS/37, land admeasuring Ac. 4.87 situate in S. No 3BS/42 land admeasuring Ac.4.3B gts situate in S. No 385/38 and land admeasuring Ac. 4.20 gts situate in S.No 385/31 totaling to Ac. 15.20 gts situate at Naravarigudem villge Aswaraopet Mandal Khammam District in pursuance of the orders dt 28. 9. 2OO7 in Case No.306/2001/ASPT of the 1't respondent herein as illegal arbitrary unresaonable without

¶57

¶58

wP 15843 20t0

¶59

jurisdiction contrary to the provisions of A p Scheduled Area Land Transfer. Regulation and also violative of Articles 14, 19, 2l- and 300-4 of the Constitution of India and issue a consequential direction to the respondents herein not to evict the petitioners from the above said land and pass....,,

¶60

The case of the petitioners as per the averments made by the petitaoners in the affidavit filed by the petitioners in support of the present Writ petition is as u nder:-

¶61

a) It is the case of the petitioners that, the petitioners are the owners and possessors of land admeasuring Ac. 15.20 gts., situated at Naravarigudem village, Aswaraopet Mandal, Khammam district. In respect of the said land, proceedings were taken under A.P.Scheduled Area Land Transfer Regulation, by 6tn respondent herein in LTR Case No. l77B/97/APT and the said proceedings were dropped in favour of the petitioners by the then Spl.Dy. Collector (Tribal Welfare) Paloncha vide order dated 27.t0.7997.

¶62

b) While things stood thus, the 6th respondent herein and Munugonda Venkamma, i.e the mother of the 3.d respondent

¶63

¶64

wP 1 584i 20 t0

¶65

had again filed LTR Case No. 13/1998/APT against petitioner Nos. 1 and 2 to evict from abovementioned subject land and the said proceedings were again dropped in favour of the petitioners vide order dated 24.02.2004 by the then Spl.Dy Collector (TW) Bhadrachalam.

¶66

c) Subsequently, the mother of respondent Nos. 3 and 4 herein and wife of 5th respondent herein filed CaseNo.306/2007/ ASPT on the file of the 1't respondent herein against the 1st petitioner for evicting the petitioners from S.No.385/1 admeasuring 10 acres of land of Naravarigudem village, Aswarapet Mandal, Khammam district and the 1't respondent vide order dated 28.09.2007 ordered the said eviction. Therefore, basing on the orders dated 28.09.2007 , the respondents herein are forcing the petitioners to vacate from their lands and their subject prem ises.

¶67

d) Aggrieved by the order dated 28.O9.2007, the petitioners had appeared before the 1't respondent stating that the said land belongs to the petitioners herein, but the 1st respondent had failed to consider the same. Moreover, the

¶68

¶69

wP 1584i 20t0

¶70

orders dated 28.09.2007 does not relate to the petitioners. land. However, the action of the reipondents herein in trying to evict the petitioners from their land is illegal, arbitrary and is contrary to the provisions of the A.p Scheduled Area Land Transfer Regulation and violative of articles 14, Lg, 2L, and 3004 of the Constitution of India. Hence, the present Writ Petition is filed.

¶71

The counter affidavit has been filed on behalf of official respondent No.2 and para Nos. 4t St LO, 11 and 12 are extracted hereunder:-

¶72

In reply to Para No.2 & 3 of the petitioners'affidavit, it is respectfully submitted that, it is incorrect to state that the respondents I and 2 herein are trying to evict them from the land to an extent of Ac.1.35 gts in Sy.No. 385/37, Ac.4.07 in Sy.No.3B5/42, Ac.4.3B gtsin Sy.No.385/38 and Ac.4.20 gts in Sy.No.385/39, total admeasuring an extent of Ac.15.20 gts, situated at Naramvarigudem Revenue Village, Aswaraopeta Mandal, Bhadradrl Kothagudem District.

¶73

It is humbly submitted that, as per Revenue Records, Sy.No.3B5/1 of Naramvarigudem Revenue Village is Government land and it is Gut number covering total extent of Ac.427.16 gts, and part of extent of land was

¶74

)

¶75

wP 15843 2010

¶76

assigned to landless poor and also many encroachments were found in the said survey number by tribals & nontribals. The Sy.No.3BS of Naramvarigudem Village is unphodi survey number and assignments made without sub-divisions.

¶77

In response to the orders of the Special Deputy Collector, (Tribal Welfare), Bhadrachalam in LTR case 306/2007/ASPT dated 28.09.2007, the writ petitioners Sri Manga Somaraju S/o Seethaiah & his family members have approached the Hon'ble High Court and filed present Wirit Petition WP.No.15843/2010. In which the Hon'ble High Court, Hyderabad passed the following orders as shown below: "There shall be a direction to lhe respondents not to interfere with the possession of the petitioners in respect oF the land in question without following due process of law."

¶78

Further, it is submitted that, the^petitioners and unofficial respondents both are claiming the possession of same Government land without having title over the land. The oetitioners u ltivati n o e su biect lands sr nce 25 vears and resDondents are never cu ltivatinq the sa id lands at nv Doant of time.

¶79

As oer directions of the Hon'ble Hioh Court of Telanqana in Wp No.15843/2O.fA___j!A!Cd O2.O3.2O13, the resoondent authorities never

I I

wP 15843 2010

ln er wt th o ess I nof h sch u led nd. T e tion rs ln en ti a roa dth H 'bl h urt d fit Wri Peti ion inst offi cia I res Do ndent he rern with ut anv tnterfere ce an oen u initv aoainst Iaw.

¶84

The additional counter affidavit has been filed on behalf of unofficial respondent Nos. 3 to 6 and para Nos. 2 and 3 are extracted hereunder:-

¶85

I respectfully submit that this writ petition is not maintainable for the reason that the petitioners deliberately mislead this Hon,ble Court by stating the impugned order wrongly. The impugned order under challenge in this Writ^petition is not the order passed by Respondent No.1 The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District in case No. 306/2007 / ASPI., dt. 28.09.2007.

¶86

The order of Respondent No.1 The Special Deputy Collector (Tribal Welfare) Bhadrachalam, Khammam District in Case No. 306/2007lASpT, dt. 28.09.2007, the operative portion is as follows:

¶87

"In exercise of the powers conferred on me by the sub-section 2 (a) of the Section 3 of the Regulation 1 of 1959, I do hereby order ejectment of the Respondent or

7)/

wP t5843 2010

whomever is in possession of the immovable property described in the schedule given .below and direct that the immovable property in question restored to the petitioner or her legal heirs under cover of Panchnama."

SCHEDULE

District: Khammam

Manda I :Aswa raopet

Village	Survey	Areain	Classification
	Number	acres
Naravarigudem	3Bs/1	10.00	Dry

¶97

I submit that the petitioners in the Writ Petition stated the order wrongly as foliows:

¶98

The petitioners herein pray that this Hon'ble Court may be pleased to issue an appropriate Writ, order or direction, particularly one In the nature of Mandamous declaring the action of the respondent No.1 & 2 herein in trying to evict the petitioners from their land admeasuring Ac. 1.35 guntas situated in Sy. No. 385/37, land admeasuring Ac. 4.87 Gts., situated in Sy. No. 385/42, land admeasuring Ac. 4.38 Gts., situated in Sy. No. 385/38, and land admeasuring Ac. 4.20 Gts., situated in Sy. No. 385/39, aggregating to Ac. 15.20 Gts., situated at Naravarigudem village, Aswaraopet

¶99

¶100

wP 15843 20 t0

¶101

Para No.17 of the counter affidavit filed by unofficial respondent Nos. 3 to 6 is extracted hereunder:-

¶102

I submit the petitioners having claimed that they are in possession and enjoyment of land admeasuring Ac. 15.20 gts in Sy.No.385/37, Sy.No.385/42, S.No.3B5/38 and Sy.No.385/31 under the guise of said land encroached and taken possession by forcefully, illegally of land admeasuring Ac.15.20 gts in Sy.No.3B5/1 belonging to respondent Nos. 3 to 6.

¶103

PERUSED THE RECORD:

¶104

It is specifically avered by the petitioners at para Nos. 4 and 5 of the affidavit filed by the petationers in support of the present Writ petition as under:-

¶105

I submit that again Manugonda Venkamma i,e. mother of respondents 3 and 4 herein and wife of 5th respondent herein filed Case No.306/2007lASpT on the flle of the 1 respondent herein against the 1 petitioner herein, my father, for evicting us from S.No.3B5/1 admeasuring 10 acres of land of Naravarigudem village, Aswaraopet Mandi, Khammam district. I submit that it appears that the said eviction was ordered by order dt. 28.9.2007 in the above said case. I am filing a copy of the said order{n- the material papers marked as Ex p3 \

¶106

¶107

wP r584i 2010

¶108

and the same may be read as part of this affidavit. I submit that the said order is not communicated to us. As stated alreadv we are not concerned with land in S.No.385 /L and we are concerned with land in S.No.385/37, 385/38, 385/39 and 385/42 and we are in^possession and eniovment of our said Iand. Now we raised banana plantation and kakara plantation in the said land. We have been paying land revenue to the said land up to date. I am filing copies oF the cist receipts in the material papers marked as Exs. P4, P5 and P6 and the same may be read as part of this afFidavit. I also submit that our names are entered in the revenue records in respect of the said land.

¶109

I submit that on the basis of the said order of the l't respondent in Case No.306/2007/ASPT dt. 28.9.2007, the respondents are trying to evict the petitioners' from the above said land. I submit that even though we appeared before the 1st respondent in the -above^{case and showedearlier orders, the1tt} respondent herein passed the present impugned order and on the basis of the said order, he is asking us to vacate our above said iand. The above said order of the 1st respondent herein does not relate to our land. Our !and is different from the land covered by the said of the l"t ondent her tn As a lreadv. Banana and Kak ra olantations a ra ised

¶110

¶111

wP t584i 2010

¶112

tn e id d nd s to a e ern

¶113

The counter affidavit filed on behalf of official respondent No.2 very clearly indicates at para No.11 that the petitioners are cultivating the subject lands since 25 years and the unofficial respondents are never cultivating the said lands at any point of time and further at para No.4 of the counter affidavit, it is specifically stated by the respondent No.2 that it is incorrect to state that the respondent Nos. 1 and 2 are trying to evict the petitioners from petitioners, Iand admeasuring Ac. 1.35 guntas in Sy.No. 3g5/37, land admeasuring Ac.4.87 guntas in Sy.No. ZgS/42, land admeasuring Ac.4.38 guntas in Sy.No. 3g5r/3g, and land admeasuring AC. .ZO guntas in Sy.No.3g5/31, total admeasuring Ac.15.2O guntas., situated at Naravarigudem Village, Aswaraopet Mandal, Bhadradri_ Kothagudem District and further at para No.12,it is further stated that as per the directions of the High Court, dated 02.O3.2(J13, the respondent Authorities

¶114

¶115

wP I 5ti4:l 2010

¶116

never interfered with the^possession of^{the subject} schedule Iand.

¶117

A bare^perusal of the record indicates^{that the} order, dated 28.O9.2O07^passed by the Court^{of the} Special Deputy collector (Tw) Bhadrachalam in^Case No.3O6/2OO7/ASPT pertains to area 1O-OO of dry^land situated in Sy.No. 3A5/l^pertaining to Naramvarigudem Village and the grievance of the petitioners in the present Writ Petition pertains to petitioners' land admeasuring Ac. 1.35 guntas in Sy.No. 385/37, land admeasuring Ac.4.87 guntas in Sy.No. 385/42, land admeasuring Ac.4.38 guntas in Sy.No. 385/38, and land admeasuring Ac,4.20 guntas in Sy.No.385/31, total admeasuring Ac.15.2O guntas., situated at Naravarigudem Village, Aswaraopet Mandal, BhadradriKothagudem District.

¶118

The learned counsel appearing on behalf of the respondents submits that the present Writ Petition could be disposed of directing the respondents to follow due process of law.

¶119

¶120

wP t5843 2010

¶121

DISCUSSION AND CONCLUSION:

¶122

Taking into consideration the averments made in the counter affidavit filed on behalf of the respondents that the petitioners are cultivating the subject lands since 25 years and further that the respondent Authorities never interfered with the possession of the petitioners over the petitioners' subject lands, and bringing the said averments made at para Nos.11 and 12 of the counter affidavit filed on behalf of the official respondent No.2 on record and duly considering the orders, dated O2,O3.2013 passed in W.P.No. 15843 of 2010, the Writ Petition is disposed of directing the respondents not to evict the petitioners from petitioners' land admeasuring Ac. 1.35 guntas situated in Sy.No. 385/37, land admeasuring Ac.4.87 guntas situated in Sy.No. 385/42, !and admeasuring Ac.4.38 guntas situated in Sy.No. 385/38, and Iand admeasuring Ac.4.2O guntas situated in Sy.No.385,/31, totaling to Ac.15.2O^guntas., situated at Naravarigudem

¶123

¶124

wP r 5843 20 t0

¶125

Village, Aswaraopet Mandal, Bhadradri-Kothagudem District, without following due^process of law. L2. The Writ Petition is disposed of. However, there shall be no order as to costs.

¶126

Miscellaneous^petitions, if any, pending in this Writ Petition, shall stand closed.

¶127

.C,D/.MOHD. ISMAI ASSIS]-ANT REGIS

¶128

//TRUE COPY//

¶129

SECTION FICER \ '", '1. The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District 2. The Tahsildar,^{Aswaraopet Mandal, Khammam District} 3. One CC to Sri^{Kiran Reddy Mallarapu,Advocate} [OPUC] 4. One CC to Sri Sudhakara^{Naidu,Advocate[OPUC]} 5. iwo CCs to GP^{for SocialWelfare, High Courtfor the Stateof Telangana, at} Hyderabad [OUT] 6. Two CD Copies TJ BS ,k,

<br>

<br>

HIGH COURT

DATED:1010912024

ORDER

H
1 (
() 27 DLC zul
{)
o i)

¶136

WP.No.15843 of 2010

¶137

DISPOSTNG OF THE WRIT^PETITION WITHOUT COSTS

¶138

q Grffi

Manga Somaraju v. The Special Deputy Collector (Tribal Welfare)

Case brief

What is this about?

What did the court decide?

Manga Somaraju v. The Special Deputy Collector (Tribal Welfare)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhukya Kishan Vs The State of Telangana and 3 others

Jummidi Ramulu Vs The Singarei Collieries Company Ltd.

Manne Suvarna, Medak Dist Vs Cgm, Apcpdcl, Hyderabad

Pidathala PremaKumari Vs the State of Telangana

Jama Susheela Vs The State of Telangana

S.Tirupathaiah, Vs The Singareni Collieries Company Limited.