Badisha.Mohan Rao Vs The State of Telangana

Varas.Narshimha rao, s/o Mallaiagh aged about 49 years, occ Labour, All are residing at Komarambheem Colony, Venkateswara Colony Gram Panchayat, Churichupalli Mandal, BhadradriKbthagudem District.

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...PETITIONERS

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AND

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The State o_f Telangana, rep by its Principal Secretary, Sociat Welfare Department Secretariat, Hyderabad.

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2 The District Collector, at Kathegudem, Bhadradri Kothagudem District

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3 The Revenue Divisional Officer, at Kothagudem, Bhadradri Kothagudem District

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4 The Tahsildar, at chunchupally,Chunchupalli Mandal, Bhadradri Kothagudem District.

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Venkateswara Colony Gram Panchayat, rep, by Its Secretary, at Venkateswara colony, Kothagudem Chunchupalli Mandal Bhadradri Kothagudem, District.

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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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ Mandamus, to declare the inaction of the respondent authorities in taking steps for issuance of individual House site pattas to the petitioners in respect of plots in Sy.No. 137112A situated at Venkateswara Colony village, chunchupalli Mandal, Bhadradri Kothagudem District and to mutate theirnames in the gram panchayat records duly assigning the house numbers, electricity and water connections inspite of the repeated personal visits followed by written representations dt. 8-2-2024, 05-01-2024, 9-1-2023,27-12-2O4 and threatens to disposes the petitioner from their respective plots and demolition of the same being illegal, arbitrary, unjust and unconstitutional and consequently direct respondent authorities to issue the house site pattas, allot the house numberselectricity and water connections to the houses of the petitioners in the above land without taking any coercive steps of eviction and demolition of the existing houses belongs to the petitioners covered by sy. No.137112A,of Venkateshwara colony Village, chunchupalli Mandal, Bhadradri Kothagudem District forthwith.

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lA NO: 1 OF 2024

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Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents authorities not dispossess the petitioners from their respective houses situated in sy.no.137112A situated at venkatewara colony village,chunchupallyrnandal, badradri kothagudeam district, including taking any coercive steps of eviction and demolition of the existing houses belongs to the petitioners covered by Sy. No.1 37l1zA,of Venkateshwara Colony Village, Chunchupalli Mandal, Bhadradri Kothagudem District forthwith pending disposal of the main write petition.

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lA NO: 2 OF 2024

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Between:

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1, The State of Telangana, rep. by itS Principal Secretary, Social Welfare Department Secretariat, Hyderabad.

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The District Collector, at Kathegudem, Bhadradri Kothagudem District

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The Revenue Divisional Officer, at Kothagudem, Bhadradri Kothagudem District

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The Tahsildar, at chunchupally,Chunchupalli Mandal, Bhadradri Kothagudem District.

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...PETITIONERS

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AND

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Badisha.Mohan Rao, s/o Bixmaiah age 42 years occ. labour

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Payam Laxminarsu, s/o samaiagh, age 49 years occ.labour

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Kunja rambai, w/o venkatewarlu, aged about 29 years, occ Labour

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Payam.Laxminarsu, s/o sammaiah aged about 56 years, occ Labour

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Badisha.Mahesh, s/o Biaxmaiagh aged About 53 years, occ Labour

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Kunja.Rambai, w/o venkatewarlu aged about 37 years, occ Labour

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Ponnem Pavani, d/o Potteiah Aged about 49 years, occ Labor

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Pdiga.Sharadha, w/o Rama rao aged about 45 years, occ Labour

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Kunja Shusheela, w/o suryanaryana aged about 49 years, occ Labour

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Padiga.Sumalatha, w/o Raghavalu aged about 50 years, occ Labour

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1'1 .Gudavali.Rani, w/o Ramu aged about 46 years, occ Labour

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Moram.Laxmi, w/o babu aged about 47 yearc, occ Labour

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13.Podeam Kotamma, w/o Paparao aged about 40 years, occ Labour

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Madkam.Prasanna, w/o Babu aged about 48 years, occ Labour

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I
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BanothRoja, w/o sureesh aged about 41 years, occ Labour 16.Bhukya Buji, w/o Ramesh aged about 40 years, occ Labour 17. Banoth.Ammi, w/o Ramesh aged about 3g years, occ Labour 18. Banoth.Lavyana, w/o prasad aged about 45 years, occ Labour 19. Bhukya.Janasi, w/o prasad aged about 3g years, occ Labour

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Bhukya.Peeru, w/o balu aged about 44 years, occ Labour 21. Banoth Kanthamma, w/o prakash aged about 4g years, occ Labour 22.Mahamad Vahidu, w/o Akbar aged about 39 years, occ Labour 23. Mahamad Varsenna, w/o Muneer aged about 47 years,occ Labour 24. Mokala.Laxmi, w/o yerresh aged about 46 years, occ Labour

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Payam.Aruna, w/o jagadesh aged about 52 years, occ Labour 26.Jabba.Pavani, w/o suresh aged about 55 years, occ Labour Labour 27 .Bhuka Laxmi, w/o Laxmi aged about 57 years, occ Labour

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Chintha Laxmi, w/o Nageswarao aged about 45 years, occ Labour

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Mokala.Neela, w/o Vasanthrao aged about 46 years, occ Labour

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Varas. Narshimha rao, s/o Mallaiagh aged about 49 years, occ Labour, Arr are residino at Kom-arambheem corony, Venkateswara coronv Gram Panchayat, Chu-richupali vj"oal,-eniaialiik'rjtnaiuoem oistrict.

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... RESPONDENTS/PETIT]ONERS

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31 . Venkateswara Colonv 9lr.T^{Panchayat,rep, by tts} Secretary. at Venkateswara coloni. Kothagudem Chunctiupafli- Manaii- e;iiirra;i Kothagudem, District.'

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...RESPONDENT/RESPONOENT

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim order passed in l.A.No.1t2o24 in wp.No. 130,19 12024, dt: 03.O5.2023 and dismiss the Wp.

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Counsel for the petitioners : SRI KARUNAKAR REDDY

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Counsel for the Respondent No.1 : Gp FOR SOCIAL WELFARE

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Counsel for the Respondent No.2to4 : Gp FOR REVENUE

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counsel for the Respondents No.S:SRr p.KrsHoRE RAo, sc FoR Gp,Mp,zp The Court made the foilowing: ORDER

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(

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.13019 OF 2024

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ORDER:

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Heard Sri Karunakar Reddy, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Social Welfare, appearing on behalf of the respondent No.1, learned Government Pleader for Revenue appearing on behalf of the respondent Nos.2 to 4 and Sri Pusukuru Kishore Rho, learned Standing Counsel for Gram Panchayat, appearing on behalf of the respondent No.5.

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2, The oetitioners aooroache d the Court seekino Draver as under:

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"...to issue appropriate Writ, Order or Direction, more particularly one in the nature of Writ Mandamus, to declare the inaction of the respondent authorities in taking steps for issuance of individual House site pattas to the petitioners in respect of plots in Sy.No.137l12A situated at Venkateswara Colony village, Chunchupalli Mandal, Bhadradri Kothagudem District and to mutate their names in the gram panchayat records duly assigning the house numbers, electricity and water

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2

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connections inspite of the repeated^{personal visits} followed by written representations dt.B-2-2024, 05-012024, 9-l-2023, 27-12-204 and threatens to disposes the petitioner from their respective^plots and demolition of the same being illegal, arbitrary, unjust^and u nconstitutiona I and consequently direct^respondent authorities to issue the house site^pattas, allot^the house n umbers-electricity and water connections to^the houses of the^petitioners in the above land^without taking any coercive steps of eviction and demolition of the existing houses belongs to the^{petitioners covered} by Sy.No.l37/l2A of Venkateshwara^{ColonyVillage,} Chunchupalli Mandal, Bhadradri^{KothagudemDistrict} forthwith and to^grant such other relief or^reliefs as^this Hon'ble Court deems fit and^proper in^the circumstances of the case."

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The case of the^petitioner, in brief,^is that^{the petitioners} made several written representations dated^08.02.2024, 05.01.2024, 09.01.2023 and^27.12.2023 to^{the respondents} herein to initiate steps for^issuance of^{individual housesite} pattas to the petitioners in respect of the^plots in^Sy.No. 137/LZA admeasuring Acs.1B.00 Gts^{situatedin Venkateswara} Colony Gram Panchayath, Chunchupalli Mandal, Bhadradri Kothagudem District and to mutate petitioners names in the

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Gram Panchayat records duly allotting the house numbers, electricity and water connections to the said plots. However, no action had been initiated by the respondents as on date. Aggrieved by the inaction of the respondents in allotting the house numbers, and providing the necessary electricity and water connections, the petitioner approached the Court by filing the present writ petition.

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This Court, vide its order dated 03.O5.2O24. oassed lnterim order in favali I r nff he netiti.-rner rarhirh ic in farre as on date, observino as under:

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"Heard Mr.Karnakar Reddy, learned counsel for the petitioner.

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Notice before admission.

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Status-quo to be maintained in respect of Plots in Sy.No.137l12A situated at Venkateshwara Colony Village, Chunchupalli Mandal, Bhadradri Kothagudem District till 12.06.2024.

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List the matter on 05.06.2024 for filing of counter by the respondents."

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The counter affidavit has been filed on behalf of the resDon d ent No.4 and an Da rticular, oaraorao h Nos.5 and 13 of the id counter is extracted hereunder:

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'5. rt is respectfullv submitted t at, the Petition rs themselves admitted that th subiect land is overnment land and thev occuoied small extents each of 8O So vards un Sv.No . L37lLzA m s. 18. dwi Venkat wara colonv Gram Panchavath, Chunchuoalli Mandal, Bhadradri Kothaqudem District. The Contention of the Petition er itself denotes that he has purchased the land in contravention to Revenue Laws. Even if the Petitioner is in continuation possession of the subject land it will be contrary to the Land Transfer Regulations.

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It is further submitted that as stated supra the Petition land is high value Government land. It is located in the Chunchupalli Mandal Headquarters and is adjacent/ integral part to the District Headquarters. There is a dire need to protect this valuable government land and there is a need to use this land for urgent public purposes. The Government interest is to be protected. No house plot pattas will be issued to petitioners who are trying to occupy the land with malicious intent. And when there are no permanent houses, the issue of giving them house numbers,

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electricity and water connections does not arise. In order to protect valuable government land and government interest, there is a need to remove the temporary structures put up by the petitioners while . they trying to occupy this valuable land, and to put fencing/firewall around the land."

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Learned Assistant Government^pleader for Social Welfare, appearing on behalf oF the respondent No.1 placing reliance on the averments made at paragraph No.13 of the counter affidavit filed on behalf of the respondent No.4, submits that in ordet to protect valuable Government land and Government interest, there is a need to remove the temporary structures put up by the petitioners while the petitioners are trying to occupy the valuable Government land and to put fencing/fire wall around the subject land.

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PERUSED THE RECORD:-

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A bare perusal of the paragraph No.5 of the counter affidavit filed on behalf of the respondent No.4 (referred to and extracted above) clearly indicates that the petitioner had occupied small extents each of B0 Sq. yards in Sy.No.137l12A, admeasuring Ac.18.00 guntas situated in Venkateswara Colony,

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Chunchupalli Mandal, Bhadradri Kothagudem District and that, the possession of the petitioners in respect of the subject land is contrary to the Land Transfer Regulations.

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This Court on perusal of the averments made at paragraph Nos.5 and 13 of the counter afFidavit filed on behalf of the respondent No.4 opines that admittedly, the possession of the subject la nd is with the petitioners as on date.

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Takinq into consideration:

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a) The facts and circumstances of the case,

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b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned Government Pleader for Social Welfare appearing on behalf of the respondent No.1,

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c) The averments made in the counter affidavit filed on behalf of the respondent No.4, in^particular, Paragraph Nos.S and 13 (referred to and extracted above),

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d) The fact^{admittedan the counteraffidavit that the} petitioners are in^{possessionof the subject Iand as on} date.

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e) The interim^{orders of this Court dated O3'O5'2O24} granted in favour of the^{petitioners, which are in force as} on date.

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The writ^{petition isdisposedofdirectingthe} respondents to^{consider the grievance of the petitioners} as put-forth vide^{petitioners'representationsdated} O8.O2.2O24,^{C,5.OL.2024, 09'O1'2023and 27'L2'2O23} seeking mutation^{of petitioners'names in the records of} the Gram Panchayat^{and for issuance of house numbers'} electricity and^{water connectionsin respect of the plots in} Sy.No.137112A^{admeasuring Acs'18'OOGts situatedin} VenkateswaraColonyGramPanchayath,Chunchupalli Mandal, Bhadradri^{KothagudemDistrict, which have been} acknowledged^{by the office of the official respondents} herein and^{pass appropriateorders within a period of} four(4) weeks^{from the date of receiptof a copy of this} order in accordance^{toIaw inconformity with the}

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principles of natural justice by giving reasonable opportunity of personal hearing to the petitioners. Till the above exercise is concluded by passing of appropriate orders by the respondents herein on petitioners' various representations, interim orders granted by this Court on 03.O5.2024 (referred to and extracted above), shail remain in force. However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if

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any pending, in the Writ Petition shall also stand closed.

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SD/.S. MALLIKARJUNA^RAO ASSIS ANT REGISTRAR

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//TRUE COPY//

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ECTION OFFICER

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To, 1. The Principal secretary,^{Social welfareDepartment secretariat, state of} Telangana, Hyderabad.

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The District Cirllector,^{at Kathegudem,BhadradriKothagudem District}

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The Revenue Divisional Officer,^{at Kothagudem, Bhadradri Kothagudem} District

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inl iin.itOrt, at chunchupally,Chunchupalli^{Mandal, Bhadradri Kothagudem} District.

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ine S""retary, Venkateswara^{Colo1y Gplfanchayat,at Venkateswara} cotonv. Kothdoudem Chunchupalli^{Mandal Bhadradri Kothagudem, District}

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one 6c to Sd KARUNAKAR^{REDDY, Advocate.} [oPUC] 7. io CCiio Cp FOR^{SOCIAL WELFARE,HighCourt for the State of} 8. Iflstt3!?"83It *=u.*rE,^{Hish courtfor the stateof relansana at} Hyderabad. [OUT]

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