Shri Bandari Rajalingaiah Vs The State of Telangana

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132521

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

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MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 25181 OF 2024

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Between:

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Shri Bandari Rajalingaiah, S/o: Bhadraiah, Aged about 72 years, Occ: Agriculture, FI/o H.No.1-34, Seethampeta Village, Pinapaka Mandal, Bhadradri-Kothagudem District.

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Konderu sampath kumar, S/o: Pentaiah, Aged about 39 years, Occ. Agriculture R/o H.No.2-216, Narayanapuram village Pinapakamandal, Bhadradrikothagudem district

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Konderu Balakrishna, S/o: Jagadeeswarao, Aged about 32 years, Occ.Agriculture H.No.2-217, Narayanapuram Village, Pinapakamandal, Bhadradri kothagudem District

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...PETITIONERS

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AND

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1 The State oT Telangana, Represented by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderabad.

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2 The District Collector,, Bhadradri-Kothagudem District.

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The Additional Agent to the Government, ITDA Project Officer, Bhadrachalam, BhadradriKothagudem District.

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

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The Tahsildar, Pinapaka l\Iandal, Bhadradri Kothagudem District.

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Smt. Munigela Bullemma, Wio: Venkatanaruyana, Aged about 50 years, Occ. Agriculture, Guttanaram Village, Manuguru Mandal, BhadradriKothagudem District

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus or any other appropriate writ or order to declaring the actions of the Respondent No.5 Le., Tahsildar, Pinapaka Mandal,

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who is attempting to dispossess the petitioners from their peacefur curtivation of patta land situated in Sy. No. 26, to an extent of Ac.0.19guntas i.e., ( Sy.No.26lA/1/1 - 0.09 acres, Sy.No.26lA/2 - 0.05 acres, Sy.No 261,4/3 _ 0.05 acres) respectively, in Edulla Bayyaram Village, Bhadradri-Kothagudem District. This action is based on the orders passed by the speciar Deputy C:oilector (TW), Bhadracharam, dated 28t02/2023 in L.T.R. Case No. 70r2o21tpNK, despite an appear pending before the respondent No.3 fired by the petitioners vide I.A.No. 3 of 2024 in c'M.A NO' of 2024 before the apperate court i.e., respondent no.3 as illegar and arbitrary, in Vioration of Articre 21,300-A of constitution of rndia and also in vioration of principars of naturar justice. consequenry direct the Respondent No.s not to interfere with the peacefur possession and curtivation of the Petitioners over their patta rand situated in sy. No. 26, to an extent of Ac.O.19guntas i.e., ( Sy.No. 26tN1r1 - 0.09 acres, sy.No.26lA/2..0.05 acres, sy No 26ifu3 - 0.05 acres) respectivery, in Eduila Bayyaram Viilage, BhadradriKothagudem District and arso Set aside the order passed by the respondent No. 4 i e' speciar Deputy co,ector (TW), Bhadracharam, Dated 28-02-2023 in L.T.R. Case No. Z0l2O21tpNK

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lA NO: 1 oF 2024

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Petition under section 151 cpc praying that in the circumstanr;es stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents not to interfere in any manner into the petitioners patta rand situated in sy No. 26' to an extent of Ac.,.1gguntas i.e., (sy.No. 26r*t1t1Ac.o.og acres, Sy.No.26lAl2 Ac.O.OS acres, Sy.No.2614/3 Ac.0.05guntas) respectively, in Edulla Bayyaram virage, Bhadradri-Kothagudem District, pending disposar of the above writ petition.

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IA NO: 20F 2024

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Petition under section i sl cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to Set aside the order passed by the respondent No. 4 i.e, speciar Deput,v, corector (TW)' Bhadracharam' Dated 28t02r2023 in L.T.R. Case No. 7ot2o21/pNK,pending disposal of the above writ petition.

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Counsel for the Petitioners:^{SMT. B. SHIRISHA}

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Counsel for the Respondent^{Nos.1,3and 5: GP FORSOCIALWELFARE}

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Counsel for the Respondent^{Nos.2and 5: GP FOR REVENUE}

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The Court made the following:^ORDER

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ir i{l.l

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HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT P TIO No .25181 of2 o24

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ORDER:

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Heard Smt. B.Shirisha, learned counsel appearing on behalf of the petitioners, learned Government pleader for Sociat Wetfare, appearing on behalf of respondent Nos.1, 3 and 5 and the learned Government pleader for Revenue, appearing on behatf of respondent Nos.2 and 5.

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2 h iti e a h t u s kin

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orayer as under;

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"...to issue writ of mandamus or any other. appropriate writ or order to declaring the actions o* the Respondent No.5 i.e., Tahsildar, pinapaka Mandal, who is attempting to dispossess the petitioners from their peaceful cultivation of patta land situated in Sy. No.26, to an extent of Ac.0.19 guntas i.e., (Sy.No. 26/A/1/L - 0.09 acres, Sy.No.26/A/2_0.05 acres, Sy. No.26/A/3 - 0.05 acres) respectively, in Edulla Bayyaram Village, Bhadradri Kothagudem District. This action is based on the orders passed by the Special Deputy Collector (TW), Bhadrachalam, dated 28-02-2023 in L.T.R Case No.7012O2UINK, despite an appeal pending before the respondent No.3 filed by the petitioners vide I.A.No.3 of 2024 in C.M.A.No. of

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2

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5N,J W.P.No.25181 of 2024

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2024 before the appellate court i.e., respondent no.3 as illegal and arbitrary, in Violation of Article 21, 3O0A of Constitution of India and also in violation of principals of natural justice. Consequently direct the Respondent No.5. not to interfere with the peaceful possession and cultivation of the Petitioners over their patta land situated in Sy. No.26, to an extent of Ac.0.19 guntas i.e., (Sy.No. 26/A/t/l - 0.09 acres, Sy.No.26/A/2-0.05 acres, Sy. No.2614/3 - 0.05 acres) respectively, in Edulla Bayyaram Village, Bhadradri Kothagudem District and also set aside the order passed by the respondent No.4 i.e., Special Deputy Collector (TW), Bhadrachalam, Dated 28-02-2023 in L.T.R. Case No.7O/2O21/PNK, and pass such other order or orders as this Hon'ble Court deems fit^just and proper in the circumstances of the case."

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The case of the petitioners, in brief, is that the petitioners are the absolute owners and possessors of the land in Sy.No.26 to an extent of Ac.0.19 guntas (i.e., Sy.No.26lA/1/1, Ac.0.09 gts., Ac.0.05 gts., Sy.No.2614/3, Ac.0.05 gts.,) respectively in Edulla, Bayyaram Village, Bhadradri-Kothagudem District and they were also issued pattadar passbooks. The respondent No.5 herein is attempting to dispossess the^petitioners from their^peaceful cultivation of patta land based on the order passed by the Special Deputy Collector (TW), Bhadrachalam, dated

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x.

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3

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SNJ W.P.No.25181 of 2O24

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28.02.2023 in L.T.R. Case No.7O/202t/pNK, without following due process of law or considering their legal ownership. The petitioners have filed an appeal ancj also I.A.No.3 of 2024 in C.M.A.No._of 2024 before the respondent No.3, which is pending for adjudication. However, the Tahsildar, pinapaka Mandal is proceeding to dispossess the petitioners from their land without awaiting the final adjudication of the appeal. Aggrieved by the same, the petitioners filed the present writ petition.

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Learned Assistant Government pleader submits that the writ petition could be disposed of directing the respondent No.3 to dispose of the CMA preferred by the petitioners against the order dated 2g.02.2023 in L.T.R. Case No.70l2021lpNK, within a reasonable period.

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P RU D E c D

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5. Thi u r de 1 O24 in a r th ti rs s n as under

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"Status euo to be maintained in respect of the petitioner's patta land situated in Sy. No.26, to an extent of Ac.0.19 guntas i.e., (Sy.No. 26/A/t/I

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4

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5N,J W.P.No.251a1 of 2024

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0.09 acres, Sy.No.26lA/2-0.05 acres, Sy. No.26/A/3 - 0.05 acres) respectivety, in Edulla Bayyaram Village, Bhadradri Kothagudem District til 74.70.2024."

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6.7 akin into conside ration:

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a) The aforesaid facts and circumstances of the case.

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b)The submissions made by the learned counsel appearang on behalf of the petationers and the learned Assistant Government Pleader for Social Welfare appearing on behalf of the respondent Nos,2 to 5 and,

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c) The interim orders of this Court dated tL.O9.2()24 passed in the present writ petition (referred to and extracted above),

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The writ petition is disposed of directing the respondent No.3 to dispose of the appeal preferred by the petitioners against the orders dated 28.O2.2O23 passed in L.T.R. Case No.7Ol2021/PNK by the Special Deputy Collector (TW), Bhadrachalam, in accordance to law, in conformity with principles of natural justice

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5

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SN,J W.P.No.251a1 of 2024

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I

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by giving notice to all concerned within a period of four(4) weeks from the date of receipt of a copy of this order. Till appropriate orders are passed by the respondent No.3 as per the directions as indicated as above, within a time period as stipulated as above, interim orders granted by this Court on tt.Og,ZOZ4 (referred to and extracted above) shatt remain in force. However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed.

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SD/-P. PADMANABHA^REDDT ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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The Principal Secretary,^{Tribal Welfare Department, Secretariat, The State of} Telangana, Hyderabad.

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The District Collector,,^{Bhadradri-KothagudemDistrict.}

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The Additional^{Agent to the Govemment, ITDA Projectofficer, Bhadrachalam,} BhadradriKothagudem District.

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

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The Tahsildar, Pinapaka^{Mandal, BhadradriKothagudemDistrict.}

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One CC to Smt. B. Shirisha,^Advocate IOPUC]

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Two CCs to GP^{for Social Welfare, High Court for the State of Telangana,at} Hyderabad [OUT]

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Two CC to The GP for Revenue, High^{Court for the State of Telangana, at} HyderabadlOUTl

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TJ BS

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Two CD Copies

t,r,1

.\

I

HIGH COURT

DATED:2710112025

ORDER

WP.No.25181 of 2024

DISPOSING OF THE WRIT PETITTON WITHOUT COSTS

,/4 1z 4{/t^,/tf

\

132521

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

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MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 25181 OF 2024

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Between:

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'1. Shri Bandari Rajalingaiah, S/o: Bhadraiah, Aged about 72 years, Occ: Agriculture, R/o H.No.1-34, Seethampeta Vill-age, pinapaka Mandal, Bhadradri-Kothagudem District.

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Konde-ru sampath_ kumar, S/o: Pentaiah, Aged about 39 years, Occ. Agriculture R/o H.No.2-216, Narayanapuram village pinapakamlndal, Bhad radrikothagudem district

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Konderu Balakrishna, S/o: Jagadeeswarao, Aged about 32 years, Occ.Agriculture H.No.2-217, Narayanapuram Village, Pinapakamandal, Bhadradri kothagudem District.

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...PETITIONERS

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AND

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1 The-State of Telangana, Represented by its Principal Secretary, Tribal Welfare Department, Secretariat, Hyderibad.

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2 The District Collector,, Bhadradri-Kothagudem District.

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3 The Additional Agent to the Govemment, ITDA Project Officer, Bhadrachalam, BhadradriKothagudem District.

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

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The Tahsildar, Pinapaka Mandal, Bhadradri Kothagudem District.

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Smt. Munigela Bullemma, W/o: Venkatan aruyana, Aged about 50 years, Occ. Agriculture, Guttanaram Village, Manuguru Mandal, BhadradiiKothagudem 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 writ of mandamus or any other appropriate writ or order to declaring the actions of the Respondenl No.5 1.e., Tahsildar, Pinapaka Mandal,

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a

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1

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who is attempting to dispossess the Petitioners from their peacefirl cultivation of patta land situated in Sy. No. 26, to an extent of Ac.0.19guntas i.e., ( Sy.No.26lA/1/1 - 0.09 acres, Sy.No.26lA/2 _ 0.0S acres, Sy.No 2614/3 _ 0.05 acres) respectivery, in Edufla Bayyaram Viilage, Bhadradri-Kothagudem District. This action is based on the orders passed by the Speciar Deputy corector (TW), Bhadracharam, dated 28ro2r2023 in L.T.R. Case No. 70r2021tpNK, despite an appeal pending before the respondent No.3 filed by the petitioners vide l.A.No. 3 of 2024 in C.M.A.NO. of 2024 before the appellate court i.e., respondent no.3 as illegal and arbitrary, in Vioration of Articre 21, 300-4 of constitution of rndia and also in vioration of principars of naturar justice. consequenry direct the Respondent No.5 not to interfere with the peacefur possession and curtivation of the Petitioners over their patta land situated in Sy. No. 26, to an extent of Ac.0.'tgguntas i.e., ( Sy.No. 26tAt1t1 - 0.09 acres, Sy.No.26iAl2 - 0.05 acres, Sy'No'26/A/3 - 0.05 acres) respectivery, in Edura Bayyaram Virage, BhadradriKothagudem District and arso set aside the order passed by the respondent No. 4 i.e, special Deputy coilector (TW), Bhadracharam, Dated 2B_02_202s in L.T.R. Case No. 70l2O21tpNK.

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lA NO: 1 OF 2024

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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 direct the respondents not to interfere in any manner into the petitioners patta rand situated in Sy. No. 26, to an extent of Ac.,..lgguntas i.e., (Sy.No. 26tN1t1Ac.0.09 acres, Sy.No.26lA/2 Ac.O.O5 acres, Sy.No.2614/3 Ac.0.0'guntas) respectively, in Edulla Bayyaram virage, Bhadradri-Kothagudem District, pending disposar of the above writ petition

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lA NO: 2 oF 2024

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Petition under section 'r 51 cpc praying that in the circumstances stated rn the affidavit fired in support of the petition, the High court may be preased to set aside the order passed by the respondent No. 4 i-e, speciar Deputy corector (TW)' Bhadracharam, Dated 2,/o2rzo23 in L.T.R. case No. zor2o2ltpNK,pending disposal of the above writ petition.

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Counsel for the Petitioners: SMT. B. SHIRISHA

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Counsel for the Respondent Nos.1,3 and 5: GP FOR SOCIAL WELFARE

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Counsgl for the Respondent Nos.2 and 5: GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE MRS. JUSTICE SUREPALLI NANDA

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W TPE TION No.251 81 of 2024

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ORD ER:

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Heard Smt. B.Shirisha, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Sociat Wetfare, appearing on behalf of respondent Nos.1, 3 and 5 and the learned Government Pleader for Revenue, appearing on behalf of respondent Nos.2 and S.

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2 e titi rs ro ed ec rt kin

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Draveras under:

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"...to issue writ of mandamus or any other appropriate writ or order to declaring the actions of the Respondent No.5 i.e., Tahsildar, pinapaka Mandal, who is attempting to dispossess the petitioners from their peaceful cultivation of patta Iand situated in Sy. No.26, to an extent of Ac.0.19 guntas i.e., (Sy.No. 26/A/1/1 - 0.09 acres, Sy.No.26/A/2-0.05 acres, S),. No.26/A/3 - 0.05 acres) respectively, in Edulla Bayyaram Village, Bhadradri Kothagudem District. This action is based on the orders passed by the Special Deputy Collector (fW), Bhadrachalam, daterl 28-02-2023 in L.t'.R Case No.7012O2t/pNK, despite an appeal pending before the respondent No.3 filed by the petitioners vide I.A.No.3 of 2024 in C.M.A.No. or

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,

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2

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SNrJ W.P.No.25181 of 2024

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2024 before the appellate court i,e., respondent no.3 as illegal and arbitrary, in Violation of Article 21, 300A of Constitution of India and also in violation of principals of natural justice. Consequently direct the Respondent No.5 not to interfere with the peaceful possession and cultivation of the Petitioners over their patta land situated in Sy. No.26, to an extent of Ac.0.19 guntas i.e., (Sy.No. 26/A/l/l - 0.09 acres, Sy.No.26/A/2-0.05 acres, Sy. No.26lA/3 - 0.05 acres) respectively, in Edulla Bayyaram Village, Bhadradri Kothagudem District and also set aside the order passed by the respondent No.4 i.e., Special Deputy Collector (TW), Bhadrachalam, Dated 28-02-2023 r'n L.T.R. Case No.7O/2O27/PNK, and pass such other order or orders as this Hon'ble Court deems fit just and proper in the circumstances of the case."

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The case of the petitioners, in brief, is that the petitioners are the absolute owners and possessors of the land in Sy.No.26 to an extent of Ac.0.19 guntas (i.e., Sy.No.26lA/1/1, Ac.0.09 gts., Ac.0.05 gts., Sy.No.2614/3, Ac.0.05 gts.,) respectively in Edulla, Bayyaram Village, Bhad radri- Kothag udem District and they were also issued pattadar passbooks. The respondent No.5 herein is attempting to dispossess the petitioners from their peaceful cultivation of patta land based on the order passed by the Special Deputy Collector (TW), Bhadrachalam, dated

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x.

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3

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sN,l W.P.No.25181 of 2024

¶130

28.02.2023 in L.T.R. Case No.7O/2O21/pNK, without following due process of law or considering their legal ownership. The petitioners have filed an appeal ancl also I.A.No.3 of 2024 in C,M.A.No._of 2024 before the respondent No.3, which is pending for adjudication. However, the Tahsildar, pinapaka Mandal is proceeding to dispossess the petitioners from their land without awaiting the final adjudication of the appeal. Aggrieved by the same, the petitioners filed the present writ petition.

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Learned Assistant Government pleader submits that the writ petition could be disposed of directing the respondent No.3 to dispose of the CMA preferred by the petitioners against the order dated 28.02.2023 in L,T.R. Case No.7012021lpNK, within a reasonable period.

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PERUSE DTH E REC ORD.

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ThisC ou rt DA ed interi mo rders da ed 11.09.20 24 in fav ur of the Detitron ers observino as under

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"Sfatus euo to be maintained in respect of the petitioner's patta land situated in Sy. No.26, to an extent of Ac.0.19 guntas i.e., (Sy.No. 26/A/t/l

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4

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SN,J W.P.No.251a1 of 2024

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0.09 acres, Sy.No.25lA/2-0.05 acres, Sy. No.26/A/3 - 0.05 acres) respectively, in Edulla Bayyaram Village, Bhadradri Kothagudem District till L4.L0.2024."

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6. Takino into consideration:

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a) The aforesaid 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 Assastant Government Pleader for Social Welfare appearing on behalf of the respondent Nos.2 to 5 and,

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c) The interim orders of this Court dated LL.O9.2()24 passed in the present writ petition (referred to and extracted above),

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The writ petition is disposed of directing the respondent No.3 to dispose of the appeal preferred by the petitioners against the orders dated 28.O2.2O23 passed in L.T.R. Case No.7Ol2021lPNK by the Special Deputy Collector (TW), Bhadrachalam, in accordance to law, in conformity with principles of natural^justice

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5

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SN,J W.P.No.25181 of 2024

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II

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by giving notice to al! concerned within a period of four(4) weeks from the date of receipt of a copy of this order. Till appropriate orders are passed by the respondent No.3 as per the directions as indicated as above, within a time period as stipulated as above, interim orders granted by this Court on tt.Og.2024 (referred to and extracted above) shail remain in force, However, there shall be no order as to

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costs.

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As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed.

¶149

SD/-P. PADMANABHA^REDDY //TRUE COPY// iI

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