Pothureddy Bhaskar Reddy Vs The State of Telangana

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

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TUESDAY,THE FOURTH DAY OF FEBRUARY 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 P ETITION NO:27729 OF 2024

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Betureen:

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Pothureddy Bhaskar Reddy, S/o. BaliReddy,^{aged 52 years,Occ.Agriculture} 2. Pothuhureddy Ravindra Reddy, S/o. BaliReddy,^{aged 47 years,Occ.} Agriculture

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Both are Rl/o. Nagineniprolu Village,^{BurgampahadMandal,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 Prl Secretary,^{Tribal WelfareDepartment,} Secretariat, Hyderabad

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zI The Rdoitional Agent to Government and^{ProjectOfficer, lntegrated} Development Tri6als Authority^{(ITDA)at Bhadrachalam, Bhadradri} Kothagudem District.

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The Agency Divisional Officer-cum-Revenue^{Divisional Officer,} Bhadrachalam, Bhadradri Kothagudem District

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The Tahsildar, Burgampahad Burgampahad^{Mandal, Bhidradri Kothagudem} District

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Miryala Mariyamma, Wo. Late Raghavulu,^{Aged 57-years, Fl/o. Gandhinagar,} Saiapaka Village, Burgamphad^{mandal, Bhadradri KothagudemDistrict.}

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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 Courtmay be} pleased to issue a Writ, Order or Direction more^particularly one^{in the nature of} Writ of Mandamus, declaring the action of the^{1st respondent in not passing the} orders either in the stay^{petition or in Revision petition,filedby the petitioners} dt.21.Og.2024, against orders^{passed in CMA.No.24 of 2022, dt'09.09.2024 on the} file of the Additional Agent to Government^{and ProjectOfficer,lntegrated} Development Trlbals Authority^{(ITDA) at Bhadrachalam,Bhadradri Kothagudem} District, confirmed the orders^passed by the 3rd^{respondentin LTRCase} No.15/BPD/2018, dated 10.O8.2022, in^{connectionwith the petitioner's land} situated in sy.No. 45ol2lAA to^{an extentof Ac.4.00gts of Nagineniprolu Village,}

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Burgampahad tVlandal,^{Bhadradri Kothagudem District,is illegzrl and void and} opposed to Articles 14,15,21^{and 300-4 of Constitutionof lndia and consequently} to direct the respondents not to^{evict the petitionerfrom the abrrve said landin} question till disposal of the revision^petition filed by the^{petitronerri, before the 1st} respondent and^pass appropriate orders^{in accordance with law, till suchtime, the} respondents not to e'.rict the^{petitioners from the abovesaid lands n question}

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^{prayingthat in the circums,tancesstatedin} the affibavit filed in support^{of the petition,the HighCourt ma'/ be pleased to STAY} all further^{proceedings pursuant} of^{the lmpugnedOrders passed by the 3rd} respondent, Agency Divisional Officer,^{Bhadrachalarni'rLTRCase} No.15/BPD/20'18, dated 10.O8.2022 in^{connectionwith the petitioners lands} situated in Sy No. 450l2lAA to an^{extentof Ac.4.00gts of l'lagineniproluVillage,} Burgampahad Mandal, Bhadradri^{Kothagudem District, pendinq disposal of the} main writ petition

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Counsel for the Petitioner: SRI.^{MUMMANENISRINIVASA RAO}

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Counsel for the.Respondent Nos.1^{to 3: GP FOR SOCIAL,VELFARE} '

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Counsel for the Respondent No.4:^{GP FOR REVENUE}

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Counsel for the Respondent No.5: -..

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The Court made the following: ORDER

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TION'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.27729 OF 2O24

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ORDER:

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Heard Sri Mummaneni Srinivasa Rao, learned counsel appearing on behalf of the petitioners, learned Government Pleader for Social Welfare, appearing on behalf of the respondent Nos.1 to 3 and the learned Government pleader for Revenue appearing on behalf of the respondent No.4.

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The oetitioners aooroached the Court seekino oriver as under:

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"...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 1't respondent in not passing the orders either in the stay petition or in Revision petition, filed by the petitioners dt.28.09.2024, against orders passed in CMA.No.24 of 2022, dt.09.09.2024 on the file of the Additional Agent to Government & Project Officer, Integrated Development Tribals Authority (ITDA) at Bhadrachalam, Bhadradri Kothagudem District, confirmed the orders passed by the 3'd respondent in LTR Case No.15/BPD/2018, dated t0.08.2A22, in connection with the petitioner's Iand situated in Sy.No.450 /2/AA to an extent of Ac.4.00 gts of Nagineniprolu Village, Burgampahad Mandal, Bhadradri Kothagudem District, is illegal and void and o::or"O to Articles L4, 19,21 and

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300-4 of Constitution of India and consequently to direct the respondents not to evict the petitioner from the above said land in question till disposal of the revision petition filed by the petitioners, before the 1't respondent and pass appropriate orders in accordance with law, till such time, the respondents not to evict the petitioners from the above said lands in question and to pass such other orcler or orders as this Hon'ble Court may deem fit and proper in the interest of justice. "

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The case of the petitioners, in brief, is that the petitioners are the absolute owners and possessors of the land to an extent of Ac.4.00 guntas situated in Sy.No.450/2/AA of Nagineniprolu Village, Burgampahad Mandal, Bhadradri Kothagudem District, having purchased the same by the petitioners' father in the year 1968. The respondent No.3 initiated LTR proceedings dated 10.08.2022 at the behest of respondent No.s directing the respondent No.4 to take over the possession of the said land from the petitioners and assign the same to the eligible tribals. Against the said orders, the petitioners flled CMA.No.24 of 2022 and the same was disnrissed on 09.09.2024 confirming the orders passed by the respondent No.3 in LTR Case No.15/BPD/2018 dated LO.OB.2O22 and hence, the petitioners filed revision petition along with stay petition before the respondent No.1 on 28.09.2024, however, the respondent No.1 had

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not passed any orders as on date. Aggrieved by the same, the petitioners filed the present writ petition.

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Th ts urt Das din teri o ers nfa vour of e o ero o4. 0.20 24o serv noa under:

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"Heard learned counsel appearing on behalf of the petitioners.

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Notice before admission.

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Learned counsel appearing on behalf of the petitioners is permitted to take out personal notice to,the respondent No.5 by RpAD and file proof of service of notice into the Registry.

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List on 17.10.2024 in the motion list.

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Status quo to be maintained in respect of the land to an extent of Ac.4.00 guntas in SV.aSO/2/AA of Nagineniprolu Village, Burgampahad Mandal, Bhadradri Kothagudem District till t7.I0.2024..

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In compliance to the orders of this Court daled 04.10.2024, the petitioners had taken out personal notice upon the respondent No.5 by RpAD and filed proof of service of the saicl notice into the Registry vide USR No.115364 of 2024, however, there is no representation on behalf of the respondent No.5 when the case is ca lled.

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Learned Assistant Government^{Pleaderfor Social Welfare} submits that the writ^{petition couldbe disposed of directingthe} respondent No.1 to^{disposeof the revisionpetition filed by the} petitioners on 28.09.2024 against^{the orderspassed in CMA No'24} of 2022 dated 09.09.2024^{on the file of the Additional Agent to} Government and^{Project Officer,Integrated DevelopmentTribals} Authority (ITDA),^{Bhadrachalam,Bhadradri KothagudernDistrict,} confirming the orders^{passed by the respondent No.3 in LTR Case} No.15/BPD/2018 dated^{10'08.2022 pertaining to the petitioners'} subject land situated^{in Sy.No.450} 12/AA^{to an extent rlf Ac'4'00} guntas of Nagineniprolu Village,^{Burgampahad Mandal, Bhadradri} Kothagudem District.

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Learned counsel appearing^{on behalf of the petitioners does} not dispute the said^{submission made by the learned Assistant} Government Pleader^{for Social Welfare, appearing on behalf of the} respondent Nos.l to 3.

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8 Taki^q into nsideration:

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a) The submissions^{made by the leanned counsel} appearing on behalf of the^{petitionersand the} learnect Assistant Government Pleader^forSocial

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Welfare, appearing on behalf of the respondent

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Nos.l to 3,

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b) Interim orders of this Court dated 04.L0.2024 (referred to and extracted above),

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\

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The writ petition is disposed of directing the respondent No.1 to dispose of the revision petition filed by the petitioners on 2a.O9.2O24 against the orders passed in CMA No.24 ot 2(J22 dated O9.O9.2O24 on the file.of the Additional Agent to Government and Project Officer, Integrated Development Tribals Authority (ITDA), Bhadrachalam, Bhadradri Kothagudem District, confirming the orders passed by the respondent No.3 in LTR Case No.15lBPD/2018 dated hO.O8.2O22 pertaaning to the petitioners' subject land situated in Sy.No.45O/2/AA to an extent of Ac.4.OO guntas of Nagineniprolu Village, Burgampahad Mandal, Bhadradri Kothagudem Dastrict on merits in accordance to law in conformity with the principles of natural justice by hearing the petitioners and atso the respondent No.S herein and others concerned within a peraod of four(4) weeks from the date of receipt of a copy of this order. Till appropriate orders are passed by the

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respondent No,1^{in the said revision petition preferred by} the petitioners^{as per the directions as indicated as above} within the time^{period as stipulatedas above, the interim} order^{granted by this Court on O4.LO'2O24,shall remain in}

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force. However,^{there shall be no order as to costs'}

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Asa sequel, the^{miscellaneous petitions,if}

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any,^{pending in the Writ Petition shall also stand closed'}

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SEi/-A.V.S.PRASAD I Assrqi;ft.iiiiEdr'sria[ / //TRUE COPY// N usECTtoN oFFtcER

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To

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1 . The Pd Secretary, Tribal Welfare Department,^{Secretariat, Hyderabad}

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The Additional Agent to Government^{and ProjectOfficer, lntegrated} Development Tri6als Authority^(ITDA) at^{Bhadrachalam, Bhadradri} Kothagudem District.

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