Tarala Mallaiah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Tarala Mallaiah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Directions to respondent No.1 (Principal Secretary, Tribal Welfare Department) to dispose of the petitioner's revision petition dated 21.11.2024, challenging the order dated 30.10.2024 in CMA No.5 of 2022 of respondent No.2 and the order dated 07.09.2007 in Case No.190/2007/KGM of respondent No.3, within eight (8) weeks from receipt of a copy of the order, in accordance with law and in conformity with principles of natural justice, giving reasonable opportunity of personal hearing to the petitioner and others concerned including respondent Nos.5 and 6, and to pass appropriate orders; the interim direction dated 11.12.2024 (status quo) to remain in force till conclusion; no order as to costs; pending miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the action of respondent No.1 in not granting stay in M.A. No. of 2024 (un-numbered) in Revision Petition No. of 2024 (un-numbered) dated 21.11.2024 is illegal, arbitrary and violative of principles of natural justice, and whether further proceedings pursuant to the orders dated 30.10.2024 (CMA No.5 of 2022, respondent No.2) and 07.09.2007 (Case No.190/2007/KGM, respondent No.3), including dispossession of the petitioner from Ac.3.15 guntas in Sy.No.264/7/273/AA of Karukonda Village, should be stayed pending disposal of the revision.

Court's answer

The writ petition is disposed of directing respondent No.1 to dispose of the revision petition preferred by the petitioner on 21.11.2024 against the orders dated 30.10.2024 passed in CMA No.5 of 2022 of respondent No.2 and the order dated 07.09.2007 in Case No.190/2007/KGM of respondent No.3.

Ratio / Principle

Respondent No.1 is to dispose of the revision within a period of eight (8) weeks from receipt of a copy of the order, in accordance with law and in conformity with the principles of natural justice, giving reasonable opportunity of personal hearing to both the petitioner and others concerned including respondent Nos.5 and 6, and pass appropriate orders.

Key takeaways

Till respondent No.1 initiates and concludes the exercise and passes appropriate orders on the revision petition dated 21.11.2024, the interim direction granted in favour of the petitioner vide orders dated 11.12.2024 (status quo) shall remain in force.ratio¶61

Detailed headnote1 paragraphs

Writ Petition No.34796 of 2024 (Tarala Mallaiah v. State of Telangana and others) - High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), Surepalli Nanda, J., 28.02.2025: The petitioner, claiming ownership of agricultural land including Ac.3.15 guntas in Sy.No.264/7/273/AA of Karukonda Village, Kothagudem Mandal, Bhadradri Kothagudem District, had been ejected by an ejection order dated 07.09.2007 in Case No.190/2007/KGM issued by respondent No.3 (Special Deputy Collector (Tribal Welfare)/Primary Authority) following a complaint that the land was transferred in violation of the Land Transfer Regulations, 1959. An appeal (CMA No.5 of 2022) by the unofficial respondents (Nos.5 and 6) was disposed of on 30.10.2024 directing the Tahsildar (respondent No.4) to take necessary action. The petitioner's revision dated 21.11.2024 before respondent No.1 (Principal Secretary, Tribal Welfare Department), filed with a stay application, remained unconsidered. Disposing of the writ petition, the Court directed respondent No.1 to dispose of the revision within eight (8) weeks of receipt of a copy of the order, in accordance with law and in conformity with the principles of natural justice, giving reasonable opportunity of personal hearing to the petitioner and others concerned including respondent Nos.5 and 6, and to pass appropriate orders; the interim direction dated 11.12.2024 (status quo over the land) was ordered to remain in force till the exercise was concluded; no order as to costs; pending miscellaneous petitions closed.

132521

HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENTY EIGHTH^{DAY OF FEBRUARY} TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE^{MRS JUSTICESUREPALLI NANDA}

WRIT PETITIO^{N NO: 34796 OF 2024}

Between:

Tarala Mallaiah, S/o.^{Gopaiah, aged about60 years,Occ Agriculture,-Ryo'} ff emicfrinOrapuram,^{Laxhridevipalli[/andal, Bhadradri KothagudemDistrict.}

...PETITIONER

AND

The State of Telangana,^{Rep.by its Principal Secretary, Tribal Welfare} Oepartment, Dr.B.F..Ambedkar-Building,^{Hyderabad, Telangana} 9tgl9- - .

z. itr6 AOOitional Agent^{to the Governme-nUAppellate Authoritv(P'o l'T.DA)'} Bhadrachalam, Bhadradri^{KothagudemDistrict.}

S. ihe Speciat D6puty^{Collector (Tribal Welfare)/ Primary Authority,} Bhadrichalam, Bhldradri^{KothagudemDistrict.}

+. ihe Tahsildar,'Kothagudem,^{Bhadradri Kothagudem District}

s. oaoufJ O-Oharivatn"Veeriva,^{S/o. Late Somla, age 45 years, Occ'} - AqI"rfiuts, R/o. Karukonda'Village, Kothagudem lr/landal, Bhadradri Kothaoudem District.

rj;;rk";@ onlravatn^{Keeriya,S/o. Late Somla, Age 48 vears, Occ'}

AgI;rlirie, R/o. Karukonda-Village, Kothagudem Mandal, Bhadradri Kothagudem District.

...RESPONDENTS

Petition under^{Article226 of the constitutionof lndia prayingthat in the} circumstances^{stated in the affidavitfiled therewith,the High court may be} pleased to issue an appropriate^{Writ,orderor direction more particularlyone in the} nature of writ of MANDAMUS^{declaringthe action of the 1st respondentin not} grantingstayinNI.A.No.of2024(unnumbered)inRevisionPetitionNo.of2024 (un-numbered) dated. 21 .11.2024^{as illegal,arbitraryand alsoviolativeof} principles of natural iustice^{and consequently seeking stay of all further} proceedings pursuant to the^{orders dated. 30 10 2024 passed in CMA No 5 of} 2022 of the 2nd^{respondentand alsoorder dated OT'O9'2OOT passed in case} No.,190/2007/KGMofthe3rdrespondentincludingdispossessionofthepetitioner from the agricultural^{land in an extent of Ac3 15 guntas situatedin}

Sy.No.26411/2731^t\N, of Karukonda Village, Kothagudem l\rlardal, Bhadradri Kothagudem Dist.rc l;ending disposal of Revision dated. 121 1l.2o24 on the file of 1st respondent cr:;fr: red against the orders dated. 30.'10.2024 pasr;ed in ctrIA No. 5 of 2022 of the 2 rc r,:spondent and also order dated. 07 .og.2oo7 passed in case No.190/2007/K(j lr, c" the 3rd respondent.

IANO:1OF2 0L4

Petition under S ection^'1 5i cpc praying that in the circr mst rnces stated in the affidavit filec i. : r. pport of the petition, the High Court may ce p eased to grant stay of all further r-,ror:r:edings pursuant to the orders datecl. 30.10.:1024 passed in cMA No 5 o'f 2a',22 cf the 2nd respondent, order dated. 07.og.2oo7 passed in case No. 190/200 '/l'(.(;l/l of the 3rd respondent includinq dis pos.;ession of the petitioner from tht: ar;^-icurtural land in an extent of Ac. 3.15 gun:as situated in sy.No.264111273lr,A .f Karukonda Village, Kothagude.n l,4anrlal, .Bhadradri Kothagudem Distrii;t, ) 3nding disposal of lhe writ petition.

Counsel for the Petitioner: SRI SyAMALA RAVINDER REDDy Counsel for the Rr.'spondent Nos.1 TO 3: Gp FOR TRIBAL. WELFARE Counsel for the Respondent No.4: Gp FOR REVENUE Counsel for the Respondent Nos.S & 6: --

The Court made the f tllowing: ORDER

THE HON'BLE MRS. JUSTICE SUREPALLI NANDA

WRIT PETITION No.34796 oF 2024

ORDER:

Heard Sri Syamala Ravinder Reddy, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Tribal Welfare appearing on behalf of respondent Nos.1 to 3 and learned Government Pleader for Revenue appearing on behalf of respondent No.4.

2. The petitioner approached the Court seeking prayer

as under:

"...to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 1't respondent in not granting stay in M.A. No. of 2024 (un-numbered) in Revision Petition No. of 2024 (unnumbered) dated:21.11.2024 as illegal, arbitrary and also violative of principles of natural^justice and consequently seeking stay of all further proceedings pursuant to the orders dated: 30.10.2024 passed in CMA No.s of 2022 of the 2nd respondent and also order dated: 07 .09.2007 passed in case No.190/2007lKGM of the 3'd respondent including dispossession of the^petitioner from the agricultural land in an extent of Ac.3.15 guntas situated in Sy.No.264/7/273/AA of Karukonda Village,

1

1

2

Koth t!llem Mandal, Bhadradri Kothaguclem Dis-rict, pe'c in( disposal of Revision dated: 21.11. 202.1 on ther I le :f 1't respondent preferred against the orJers dale.l I 10.70.2024 passed in CMA No.5 of 2O2t of th€ .1"'^-_.spondent and also order dated: 07.)g.rOO7 pa:is',d in case No.190/2007lKGlvl ()f he 3,d respcn:r€ nt and to pass such order or oriJers as this Hor.r':. lr., Court may deems fit and proper in the circu^-.:il irnces of justice.,,

The brrr:'facts of the case are as under:-

The ret tioner is the absolute owner and posrjessor of agricultural trnd to an extent of Ac.4.22 gunta:; sil:uated in Sy.No.27.l an(l agricultural land to an extent of A<.3.(r0 guntas situated in sy. \o.264 /r and Sy.No.273 situated ert K,rrukonda village, K()trac udem Mandar, Bhadradri Kothagudern D strict, to the total ,:r:er t of 4c.7.33 guntas, having purchased the same through reclist : red sale deed No.292/L966 and r\o.l t2/Lg6g dated 25,0,:,. t 166 and t4.04.1969. Thereafter, ..he revenue authorities^.nl t ated the petitioner,s name in the revenue records. The fa:her of unofficial respondent had filed a cr)mplaint before reslcnd rnt No.3 alleging that the agricultural land to an extent of Ar:..:, L5 guntas situated in Sy.No.264 /1/273/AA of Karukonda Villaqe, Kothagudem Mandal, Bhadradri t(othagudem District (l-re'e i,r,lfter called AS schedule land) harl been

3

transferred in violation to the Land Transfer Regulations, 1959. The respondent No.3 without conducting any enquiry had issued ejection order in case No.190/2007/KGM dated 07.O9.2007 ejecting the petitioners from the possession of the schedule land. Subsequently, the unofficial respondent filed an appeal vide CMA No.5 of 2022 and through order dated 30.10.2024, the said CMA was disposed of directing the 4th respondent herein to take necessary action. Aggrieved by the said order dated 30.L0.2024, the petitioner filed revision on 21.11.2024 before respondent No.1 along with stay application, but the respondent No.1 did not consider the said applications. Aggrieved by the same, the petitioner filed the present writ petition.

4. This Court^qranted interi direction in favour of the petitioner on LL.L2,2O24, w ich is extracted hereunder:

"Heard Sri Syamala Ravinder Reddy, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Social Welfare appearing on behalf of respondent Nos.1 to 3 and learned Government Pleader for Revenue appearing on behalf of respondent No.4.

Notice before admission.

,

4

The learned counsel appearing c n b,:half ol the petitioner is permitted to take out pe r sonal notice to the unofficial re:;por dent l\ :r:;.5 and 6 and file proof of service ,)f n,ltice inIr> reg istry.

Sfafus ouo be maintaineo' in r'egpect of aoricultur <tertttd A<:.3.75 ou ntas situated in 5r: No.264/ 7 /2 AA of Kar^'u l<olnda V'illaoe. Kothaoudam Mandal. Bh adr',adri K'gthaoudem District till 30. 72.2O24."

5 The lr:arred counsel appearing on behalf of :he petitioner submits^r:hat (lue to the inaction of respondent No 1 in not granting st,ry n the revision petition preferred by:he petitioner on 21.77.21,t2.4 aggrieved by the orders dated 30.10.20.,14 passed in CMA Nlo,5 cf 2022 by the respondent No.2 arrd also order dated 07.C9.;,007 passed in case No.190/20077KGt,{ of the respondent N,:,.l, the present writ petition is filed.

The lea^-,red Government Pleader for Sor:ia I Welfare, appearing c,n lt=half of respondent Nos.1 to 3 subrnits that the writ petition r:rtuld be disposed of directing responJenl No.1 to pass orde"s in t1e revision petition preferred by the petitioner on 27.Lt.2024 ar;ainst the order dated 30.10.2024 pissed in CMA.No.5 ol .2)22 of the respondent No.2 and also orcier dated

5

07.09.2007 passed in case No.L90/2007IKGM of respondent

No.3, within a reasonable period.

7. TAKING INTO CONSIDERATION:

a). The aforesaid facts and circumstances of the

case.

b). The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.l to 3,

c). The fact as borne on record that the petitioner had preferred the revision petition on 21.11.2O24 before respondent No.l, aggrieved by the order dated 3O.LO.2O24 passed in CMA.No.5 of 2022 of the respondent No.2 and also the order dated O7.O9.2O24 passed in case No.19OI2OO7/KGM of the respondent No.3, and the same is kept pending without disposal as on date,

q.

\

The writ petition is disposed of directing respondent No.1 to dispose of the revision petition preferred by the petitioner on 2L.LL.2024 against the orders dated 30.10.2024 passed in CMA.No.S of 2022 of the respondent No.2 and the order dated O7.O9.2O24^passed

in case No.1r)0rl2oo7/KGM of the respondent Ato.3 within a period of eight (8) weeks from the date of receript of a copy of this lrder, in accordance to law, in r:on1:ormity with the prrinciples of naturat justice, by giving reasonable o,t,portunity of persona! hearing to both the petitioner an,l others concerned including respr)ndent Nos.5 ancl 6;rnd pass appropriate orders. Till the above exercise is inil:iated and concluded by respondent No.1 by passing apprrf,priate orders on the revision petition dated 2L.LL.2024 preferred by the petitioner as p(:rr the directions ;rs indicated as above within the stipula[ed time as indicated as above, the interim direction granted in favour o1i tlre petitioner vide orders dated 11.1;t,2024 (referred to :r nd extracted above) shal! remain in force. However, threr,: shall be no order as to costs.

Misr:ellar eous petitions, if any pending, shall sta nd

closed.

sD/-^{r. '|JAYKUMAR} ,\ qEPUTY REGISTRAR / //TRUE COPY// I I -^{--</sup> / r ' SECT ON OFFICER '.i}

To

The Principa Se cretary, Tribal Welfare Departmenf Dr.B.R.Aml)edkar

Building, Hyclerat,ad, Telangana State, State of Telangana.

The Additional^acrenl to the GovernmenV Appellate Authorily (P O.l.T.D.A), Bhadrachala'n, Il'radradri Kothagudem District.

The Speci;rl :)€l uty Collector (Tribal Welfare)/ Primary Autl'rority, Bhadrachala'n, Il radradri Kothagudem District.

The Tahsilda-,^(cthagudem, Bhadradri Kothagudem Distric:.

One CC to Sltl I}'IAIVALA RAVINDER REDDY, Advocare tlpuCl

Two CCs to⁽ iF'^:OR TRIBAL WELFARE, High Court for thl; State of

Telangana a. ll,rrjerabad. [OUT]

fwo CCs to^(,)F' -OR REVENUE, High Court for the State of Telengana, at Hyderabad. [Ol. l-]

Two CD Cop e:;

PSK.

Rl^4",

. ..1'1,.lB.'-. . ;'-f .::S ," .. o;,I ar:rP..'

I

HIGH COURI-

DATED:28102t12025

ORDER

WP.No.34796 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT CCISTS

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