Ukam Laxmaiah Vs The State of Telangana

Ir/aloth Radha, Wo Maloth Phool Singh, Aged about 45 years, Occ. Agril, R/o DC 92, 93 Babu Camp Chunchupally Village and Mandal, Bhadradri Kothagudem District

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...PETITIONERS

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AND

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1 The State of Telangana, Rep by its Principal Secretary Revenue Department, Secretariat, Building Hyderabad.

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2 The State of Telangana, Rep by its Secretary, Tribal Welfare Department, Secretariat, Building Hyderabad.

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The District Collector, Bhadradri Kothagudem District At Kothagudem

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4 The Addl. Agent to Govt. and ITDA Project Officer, Bhadrachalam

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5 The Agency Divisional Officer/RDO, Kothagudem, Bhadradri Kothagudem District At Kothagudem

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The Tahsildar, Tekulapally, Bhadradri Kothagudem District.

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Thelika Padmavathi, Wo Satyanarayana non Tribal (NT) R/o H. NO. BC-104, Babu Camp Chunchupalli, Bhadradri Kothagudem District

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B. Kamampati Chandra Shakar, S/o Venkateshwar Rao Aged about 58^years, Occ. Agril., R|/o Chinthuti Cheleka Sanpathi Nagar, Gangaram Village, Tekulapally, Bhadradri Kothagudem District

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...RESPONDENTS

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Petition under Article 226 ol 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 or direction particularly one in the nature of Writ of Mandamus directing the respondent No.2 herein to implead the^petitioner No.2

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in pending LTR Appeal No. 1330/TR.LTN2021 on the file of the Govt. of Telangana in the interest of justice.

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lA NO: 1 OF 2023

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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 direct the 6th respondent herein to prevent the 8th unofficial Respondent to not to grab the petitioners tand in Sy No 303/2/84/16a to an extent of Ac 10-30 Gts. Situated at Vajjonigudem, Gangaram Village, Tekutapalli N/andal, Bhadradri Kothagudem District in the interest of justice and pending disposal of the above Writ petition.

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lA NO: 3 OF 2023

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Petition filed under Order 6 Rule 17 Rl/w.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 permit the petitioner to amend the main prayer" "lt is therefore prayed that this Hon'ble Court may be pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.6 in not issuing the pattadar pass book and title deed wilh regard to the petitioner's land in Sy. No.303/2/84/'l6a to an extent of ac.10.30 gts situated at Vajjonigudem Village, Tekulapalli Mandal, Bhadradri Kothagudem District is illegal, arbitrary, unjust, biased and contrary to the Article 14,21 and 300-4 of the Constitution of lndia and also against the principles of natural justice and consequently direct the respondent No.6 herein to issue the pattadar pass book and title deed with regard to the petitioner's land in Sy.No.303/2 /84116a to an extent of ac.1 0.-",0 gts situated at Vajjonigudem Village, Tekulapalli Mandal, Bhadradri Kothagudem District in place of Old Patta No.B16 issued u/s 13 (1) (B) of ROR Act, 1971 under the Succession as legal heir and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case lnstead of seeking Writ of Mandamus directing the respondent No.2 her-ein to implead the petitioner No.2 in pending LTR Appeal No.1330/Tr. LTR|2021 on the file of the Government of relangana in the interest of justice and pass such other order or orders.

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lA NO: 4 OF 2023

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Petition filed under Order 6 Rule 17 R/w.section 151 CpC praying that in the circumstances stated in the affidavit fited in support of the petition, the High Court may be pleased to amend the main prayer as well as interim prayers as follows^"it is therefore prayed that this Hon'ble court may be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the in action of the respondent No.1 in not granting the interim orders in favour of petitioner in sy. No.303/8 4116.lo an extent of ac.^,l0.30 gts situated at Vajjonigudem, Gangaram Village, Tekulapalli Mandal, Bhadradri Kothagudem District while hearing the revision petition against the c.lM.A.No.45 of 2018 on the file of the Addl.Agent to Government at Bhadrachalam, dt.13/08/202'1 is illegal, arbitrary, unjust, against the Article 14, 21 and 300-4 of the constitution of lndia and also against the principles of natural justice and consequenfly direct the respondent No.'1 to dispose of the revision petition filed by the petitioner herein vide Memo No.1330/TW.LTR12021 , dt.osl11t2o21 and pass such other order or orders as this Honble court may deem fit and proper in the circumstances of the case lt is further prayed that this Hon'ble court may be pleased to direct the 6th respondent to give necessary protection to the petitioner,s land in Survey No.303/2/84/16 to an extent of Ac.10-30 guntas, situated at Vajjonigudem Village of Tekulapalli Mandal, Bhadradri Kothagudem District from the hands of respondent No.B, pending disposal of above writ petition.

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Counsel for the Petitioner : SRI JOGRAM TEJAVAT

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Counsel for the Respondents No.i,2,4&5 : Gp FOR SOCIAL WELFARE Counsel for the Respondents No.3&6 : GP FOR REVENUE

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Counsel for the Respondents No.7&8 : SRI HARI SREEDHAR

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The Court made the following: ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.1 4444 0 23

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ORD ER:

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Heard Sri Jogram Tejavath, learned counsel appearing on behalf of the petitioners, tearned Government Pleader for Social Welfare appearing on behalf of the respondent Nos.l, 2, 4 & 5, learned Assistant Government Pleader for Revenue appearing on behalf ,cf the respondent Nos.3 & 6 and Sri Hari Sreedhar, learned counsel appearing on behalf of the respondent Nos.7 & 8.

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2, The petitioners approached the Court seeking prayer as urrder:

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"...to rssue a writ or direction particularly one in the nature of Writ of Mandamus directing the respondent No. 2 herein to implead the petitioner No.2 in pending LTR Appeal No. 1330/TR.LTR/202L on the file of the covt of Tetangana in the interest ofjustice and pass...."

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It is specific case of the petitioners that aggrieved against the orders dated 13.09.2021 passed in C.M.A.No.45,/2OLg of the Additional Agent to Goveinment, Bhadrachalam, the petitioner has

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preferred a revision before the 2nd respondent herein i.e., the State of Telangana represented by its Secretary, Tribal Welfare Department, Secretariat Building, Hyderabad and in the present Writ Petition, the petitioner is seeking a direction to direct the 2nd respondent to implead the petitioner No.2 herein in the pending revision Memo No. 1313/TW.LTR/2()21 on the file of the 2nd respondent herein.

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Learned Government Pleader for Social Welfare appearing on behalf of the respondent Nos.1, 2, 4 & 5 and learned counsel appearing on behalf of the respondent Nos. 7 & 8 submits that the Writ Petition could be disposed of directing the petitioners to approach the 2"d respondent by filing an appropriate application seeking impleadment of the petitioner No.2 in pending revision No. 1313/TW.LTR/2O21 filed by the petitioner before the 2"d respondent

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Learned counsel appearing on behalf of the petitioners does not dispute the said submissions made by the Learned Government Pleader for Social Welfare

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appearing on behalf of the respondent Nos.1/ 2t 4 & 5 and learned counsel appearing on behalf of the respondentNosT&8,

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This Court opines that since the revision petition filed by the petitioner aggrieved against the order, dated 13.08.2021 passed in C.M.A.No.45/2OL8 by the Additional Agent to Government, Bhadrachatam is pending before the 2nd respondent, the retief as sought for by the petitioners in the present Writ cannot be granted and the petitioners have to approach the 2nd respondent by filing an appropriate application seeking impleadment of the 2"d petitioner in the said Revision Memo.1313/TW.LTRI2O21, pendang on the file of the 2"d respondent giving specific reasons for the same.

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7, Taking into consideration the submissions made by all the learned counsel on record, the Writ petition is disposed of directing the petitioners to file an appropriate application in the revision petition No. 133O/TW.t.TR/2O2L preferred by the petitioner before the 2nd respondent on 04.10.2021 under Section 6 of

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-/ ,/

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the Schedule Areas Land Transfer Regulation Act, against the orders of the Additional Agent to Government (Project order) ITDA, Bhadrachalam in CMA No.45l2018, dated 13.0.2O21 in respect of land admeasuring Ac.1O.3O in Sy.No.3O3,/2/94/t6/6,L, situated at Gangaram vitlage Tekulapalli Mandal, Bhadradri Kothagudem District within a period of four (O4) weeks from the date of receipt of the copy of the order and upon the receipt of the said application to be filed by the petitioner before the 2"d respondent, the 2nd respondent shall decide the said application and dispose of the same on merits by passing appropriate orders within four (O4) weeks thereafter in accordance to law, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner. However, there shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ

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Petition, shall stand closed.

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SD/-P.GOWRI SHANKAR AS TANT REGISTRAR

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To,