Disposed

Kottem Chittemma v. State of Telangana

Telangana HC7 Feb 2025WP/3519/2025

Case brief

AI extract

What is this about?

Scheduled Tribe petitioners alleged non-tribals were illegally issued pattadar pass books over agency land in Kothapalli village and that authorities failed to act on their representations. The writ petition was disposed of directing the Special Deputy Collector to consider their LTR application within six weeks after hearing all parties.

What did the court decide?

Direction to 6th respondent/Special Deputy Collector, Tribal Welfare, Bhadrachalam to consider petitioners' application dated 27.12.2024 under Section 3 of the LTR within six weeks, with personal hear

Kottem Chittemma Vs State of Telangana — Land Acquisition | Telangana HC (2025)

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|^32s21

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY,THE SEVENTH 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 PETITION NO: 3519 OF 2025

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Between:

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Kottem Chittemma, Wo. Sammaiah, aged about 41 years, Occ. Agricultural Labor, cast by Scheduled Tribe, R/o. 1-7711, Koyyuru (z) Village, Subbampeta, Cherla Mandal, Bhadradri Kothagudem Drstrict.

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Kottem Jeya, W/o. Nagaraju, aged about 40 years, Occ. Agricultural Labor, cast by Scheduled Tribe, Rl/o. 1-8711, Koyyuru (z) Village, Subbampeta, Cherla Mandal, Bhadradri Kothagudem District.

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Sodi Bharath Kumar, S/o. Kosaram, aged about 21 years, Occ. Agricultural Labor, cast by Scheduled Tribe, R/o. 3-38, Koyyuru^(z) Village, Subbampeta, Cherla Mandal, Bhadradri Kothagudem District.

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Dubba Chukkamma, aged about 48 years, Occ. Agricultural Labor, cast by Scheduled Tribe, Rl/o. 4-33, VTC Koyyuru (z) Village, Subbampeta, Cherla tt4andal, Bhadradri Kothagudem District.

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Kanithi Jayamma, W/o. Narasimharao, aged about 40 years, Occ. Agricultural Labor, cast by Scheduled Tribe, R/o. 4-33, WC Koyyuru (z) Village, Subbampeta, Cherla Mandal,Bhadradri Kothagudem District.

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Modem Swarupa, W/o. Narayana, aged aboul 42 years, Occ. Ag ricultural Labor, cast by Scheduled Tribe, Rio. 4-33, VTC Koyyuru (z) Village, Subbampeta, Cherla Mandal, Bhad radri Kothagudem District.

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...PETITIONERS

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AND

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1 State of Telangana, Rep. by its Principal Secretary, Social Welfare Department, Secretariat, Saifabad, Hyderabad.

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2 The ITDA Project Officer, Bhadradri Kothagudem District at Bhadrachalam.

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3 The District Collector, Bhadradri Kothagudem District At Kothagudem.

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4 The Revenue Divisional Officer, Bhadrachalam, Bhadradri Kothagudem District.

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The Tahsildar, Charla Mandal, Bhadradri Kothagudem District.

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6 Special Deputy Collector Tribal Welfare at Bhadrachalam.

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..RESPONDENTS

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Petition Lrnder Article 226 of the Constitution of India praying that in the circumstances :;tated in the affidavit filed therewith, the High Court may be^pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS aggrieved by the in action of the 2nd to 5th Respondents in nol conducting enquiry and not passing appropriate orders accordance with law on -our representations along with LTR application 27.12.2024 and also kept pending 4th respondent proceedings in Rc.No.AJ57l2O24, dl. 20.O1 .2024, it is submitted for initiate LTR prc,ceedings against who violated the Land Violating the Telangana Land Transfer Regulation 1959 as amended by 1170, Act, in our Kothapalli(Z) Revenue Village, Charla Manual, Bhadradri Kothagudem District, is highly unjust, un warranted, arbitrary, illegal and violative of articles 14,21 and 300.4 of the Constitution of lndia and consequently direct the 3rd and 4th respondents decide petilioners pending appeal therein, in accordance with law

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Prayer amended as per C.O. DT: 181712025

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed^ln support of the petition, the High Court may be pleased to drrect the respondents oonsider and decide the petitioners representations dt.27.12 2024 along with 4th respondent proceedings in Rc.No.AJ57l2O24, dl 20.01 .2024 and it is submitted for initiate LTR proceedings against who violated the Land Violating the Telangana Land Transfer Regulation 1959 as amended by 1170, Act, in our Kothapalli(Z) Revenue Village, Charla Manual, Bhadradri Kothagudem District, and pending disposal of the main Writ Petitlon S>^r.1<v^{c^y^ehde,\ oA per c. o d4ledlS lr laoa5j} Counsel for the Petitioners: SRl. PANGA SIVANARAYANA

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Counsel for the Respondent Nos.1&2: GP FOR SOCIAL WELFARE

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Counsel forthe Respondent Nos.3&4: 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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WRIT PETITION No.3519 OF 2025

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ORDER:

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Heard Sri Panga Sivannarayana, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Social Welfare appearing on behalf of respondent Nos.1 and 2, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.3 and 4.

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The petitioners approached the Court seeking prayer as under:

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"...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS aggrieved by the inaction of the 2nd to 5th Respondents in not conducting enquiry and not passing appropriate orders in accordance with law on representations along with LTR application dated 27-12-2024 and also kept pending 4th respondent proceedings in Rc. No.A/57/2024, dated 20.01.2024, to initiate LTR proceedings against who violated the provisions of Telangana Land Transfer Regulation 1959 as amended by l/70 Act in Kothapalli (Z) Revenue Village, Charla Manual, Bhadradri Kothagudem District is highly unjust, unwarranted arbitrary, illegal and violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct

)

SN. J wP_3519_2025

the 3''' and 4th respondents to decide^petitioners pending appeal therein, in accordance with law and pass...".

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The case of the^petitioners, in Oridf, is that the^petitioners belong to Schedule Tribe^(Koya by caste), and are eking out their livelihood by doing agricultural labour works in Kothapalli (Z) Revenue Village, Cherla Mandal, Bhadradri Kothagudem District, which is an agency area. The Respondent No.5 along with his supporting staff illegally registered and mutated the Government Lands in favour of non-tribes and injecting nontribes into the agency area. On 27.12.2024, the petitioners made representations to respondent Nos.l to 5 requesting to conduct inquiry. On 10.07.2023, the petitioners made.representations to the 4th respondent and the 4th respondent issued proceedings in Rc.No.A/s7l2024 dated 20.0L.2024 directing the 5th respondent to conduct enquiry, but the respondent authorities.have not initiated any steps on the representations of the petitioners.

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It is the specific case of the petitioners that the petitioners preferred application before the 6th respondent/Special Deputy Collector, Tribal Welfare at Bhadrachalam, seeking a direction in favour of petitioners and to take appropriate action in response to encroachment pertaining to the agricultural lands in Sy.No.9/l to an extent of Ac.10.209.13 Guntas, situated at Kothapalli (Z)

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SN. J wP i519 202i

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Revenue Village, Cherla Mandal, Bhadradri Kothagudem District, Andhra Pradesh, but in spite of petitioners' application dated 27.t2.2024, no action had been initiated'by the 6th respondent/ Special Deputy Collector, Tribal Welfare at Bhadrachalam. Aggrieved by the same, the petitioners filed the present writ petition.

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The learned counsel appearing on behalf of the petitioners specifically contend that non-tribals were issued pattadar pass books by denying the petitioners legitimate claims and petitioners sought for action by filing an application before the 6th respondent/Special Deputy Collector, Tribal Welfare at Bhadrachalam, however, no action had been initlated on the said application of the petitioners dated 27.12.2024 till as on date.

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The learned counsel appearing on behalf of the petitioners places reliance on the report of the Revenue Divisional Officer, Bhadrachalam addressed to the Tahsildar, Charla vide Rc.No.A/57l2024, dated 20.01.2024 whereunder in pursuance to the representation made by an individual alleging that non-triblas were issued pattadar pass books against the Agency Laws and requested to cancel the pattadar pass books which were issued to the non-tribals in July, 2023 and in response thereon, the Revenue Divisional Officer, Bhadrachalam had

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SN. J wP 15 t9 2025

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requested the Tahsildar, Charla to conduct an enquiry into the matter personally and send a report as per Telangana Land Transfer Regulation U59 rlw I/70 Act to the Revenue Divisional Office, Bhadrachalam with reference to the subject issue.

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The learned Assistant Government Pleader for Social Welfare submits that the writ petition could be disposed of directing the 6th respondent to consider the application of the petitioners dated 27.12.2024, within a reasonable period in accordance to Law.

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The 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 respondents.

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Takinq 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 counsel appearing on behalf of the respondents and,

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SN. J wP l5 t9 202i

lr ti

The writ petition is disposed of directing the 6th respondent/Special Deputy Collector, Tribal Welfare at Bhadrachalam to consider the application of the petitioners dated 27.12.2024 tiled under Section 3 of Telangana Land Transfer Regulation 1959 as amended by L/7O by duly taking into consideration the Letter/Report of the Revenue Divisional Officer, Bhadrachalam addressed to the Tahsildar, Charla vide Rc.No.A/57/2024, dated 20.O1.2024 within a^period of six (6) weeks from the date of receipt of a copy of the order, in accordance to Iaw, in conformity with the principles of natural^justice by giving reasonable opportunity of personal hearing to both the^petitioners and others concerned and^pass appropriate orders on the application of the^petitaoners dated 27.L2.2024. However, there shall be no order as to costs.

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The miscellaneous applications, pending if any, shall stand

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closed^.

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SD/.S. MALLIKARJUNA^RAO ASSISTANT REGISTRAR / *or.'.^{That the villagename read as "Kudunuru} Revenue^{Village"in the Prayer porti-ons-as-wellas ln} oira tlos.Z,f,+^{of the W'P'No'3519 of 2025 order} []i!a^{oz.oz.zo25 and same as correctedand} irLJitrt"u^{"Kothapalli (Z) Revenu-e-Villagg" as per} Itre ion'Ote^{Court Order dated:18'07'2025in l'A'} No.2 of²⁰²⁵

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This amended order shall substitute the earlier order which has already been dispatched on 30.05.2025

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SD/.S. MAL KARJUNA RAO ASS T T REGISTRAR

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//TRUE COPY'

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i) ON OFFICER

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To,

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'l . The Principal Secretary, Social Welfare Department, Sec riat, Saifabad, Hyderabad.

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The ITDA Project Officer, Bhadradri Kothagudem District at Bhadrachalam.

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The District Collector, Bhadradri Kothagudem District At Kothagudem.

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The Revenue Divisional Officer, Bhadrachalam, Bhadradri Kothagudem District.

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The Tahsildar Charla Mandal, Bhadradri Kothagudem District

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The Special Deputy Collector Tribal Welfare at Bhadrachalam.

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One CC to SRl. PANGA SIVANARAYANA Advocate [OPUC]

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Two CCs to GP FOR SOCIAL WELFARE ,High Court for the State of

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Telangana. [OUT]

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Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUTI

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10.Two CD Copies

KKS LS K,

HIGH COURT

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DATED:0710212025 18.07.2025

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AMENDED ORDER

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WP.No.3519 of 2025

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DISPOSING I'HE WRIT PETITION WITHOUT COSTS

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Kottem Chittemma v. State of Telangana

Case brief

What is this about?

What did the court decide?

Kottem Chittemma v. State of Telangana

Case brief

What is this about?

What did the court decide?

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