Ganiboina Srinivas Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Ganiboina Srinivas Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without deciding merits; newly impleaded respondent No.12 directed to decide petitioner's appeal C.M.A.No.25 of 2025 after notice to all affected parties and opportunity of hearing per natural justice, preferably within three (03) months, and to communicate the order to the petitioner; interim order granted on 19.03.2025 to continue meanwhile; miscellaneous applications closed; no costs.

Issue for consideration

Whether the order dated 27.12.2023 of respondent No.2 in LTR Case No.05/2021/MGR, passed against the petitioner's house property bearing H.No. 8-2-186/1 B and its adjoining open place without proper ground verification and without making the petitioner a party, is void/illegal/arbitrary and liable to be set aside. (Raised by the petition; not adjudicated on merits by this Court.)

Court's answer

Without going into merits of the case, the Writ Petition is disposed of directing the newly impleaded respondent No.12 to pass appropriate orders in the appeal preferred by the petitioner vide C.M.A.No.25 of 2025.

Ratio / Principle

In deciding the appeal, respondent No.12 shall put all affected parties on notice, act in conformity with the principles of natural justice, duly provide them an opportunity of hearing, act strictly in accordance with law, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of the order, and communicate a copy thereof to the petitioner(s).

Key takeaways

In the meantime, the interim order earlier granted by this Court on 19.03.2025, as being extended periodically, shall continue.ratio¶48
Miscellaneous applications pending in this writ petition shall stand closed. No costs.ratio¶49

Detailed headnote1 paragraphs

W.P. No. 8045 of 2025, High Court for the State of Telangana at Hyderabad (Justice Pulla Karthik), order dated 07.07.2025. Ganiboina Srinivas, an agriculturist stating he is a scheduled tribe member of Manuguru, sought a writ of mandamus under Article 226 to quash the order dated 27.12.2023 of respondent No.2 (Special Deputy Collector (TW)) in LTR Case No.05/2021/MGR, passed invoking the Telangana Scheduled Area Land Transfer Regulation Rules, 1969 and A.P. Land Transfer Regulation Act, 1959 (as amended) against his house property H.No. 8-2-186/1 B and adjoining open place, alleging it was passed without proper ground verification and without making him a party, and that respondent No.10 (described as his vendor) had misrepresented possession. On finding that an appeal already stood numbered as C.M.A.No.25 of 2025 before the newly impleaded respondent No.12, the Court, without going into merits, disposed of the writ petition directing respondent No.12 to pass appropriate orders in the appeal after putting all affected parties on notice, providing hearing per natural justice, strictly per law, preferably within three months, and communicating the order to the petitioner; the interim order granted on 19.03.2025 was ordered to continue meanwhile. Miscellaneous applications closed; no costs. No precedent was engaged and nothing was decided on the merits. The scan is heavily OCR-degraded; identities of respondents 5, 6, 8 and 9 are illegible and respondent No.12's office is not identified in the text.

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[^33or I

HIGH COURT .'^{FOR THE STATEOF TELANGANA} AT HYDERABAD

(SPecial Original^{Jurisdiction)}

MONDAY,^{THE SEVENTHDAY OF JULY} TWO THOUSAND^{AND TWENTY FIVE}

PRESENT

THE HONOURABLE^{SRI JUSTICEPULLA KARTHIK}

WRIT PETI^{TION NO: I 045 0F 2025}

Between:

Ganiboina^{Srinivas,S/o Bodaiah' Aged 40 Years. tvlaior ' Occ Aqriculture'} R/o. Samithisingrrrm^{vir"la"s!]'il;;;6;;'tr/andal'Bhalrad ri - Kothasudem}

District, Telangana.

...PET|T|ONER

AND

The State The State State^{of Telangana,Rep by its Principal Secretary' Social Welfare}

The State The State State^{of Telangana,} ' oeoartment, Secre'lariat, Hyderabad'

, fi5?;i;;il^{nrii,Jiiiv,"ori'"i'iiTiansre-rRegulations'1e6e/ Special} Deoutv Collector^{(TW) ,ibi'i?ir''r'm'enaoiaori - Kothaqudem District'}

3 fi 5 T#Jjiii]^{il r n u'g r'," rtn'*; ; ;i : M' ;tsu iu'B h a d ra d ri - k o tha g u d e m} District.

District.

4 ru;ffi Prashanth,^{S/o Sammaiah'Agedabout 28 years' Occ'Agriculture'} ;. e;;;#IilJir,,^{iin, -sr""lii" n' m'"n' noraia h' Ag-edrvlajo r' occ'} Aoriculture.

Aoriculture.

1. Fiffil'ii;saraju,^{S/o Butchaiah,Agedabout23 vears' occ' Agriculture'}

Resoondents^{No. 4 to 6 are R/o Adarsh Nagar, Manuguru tr/landal' Bhadradri} Kottiagudem^District.

Vemula^{Biksham,S/o Gandaiah,Agedabout50 years, occ Business, R/o} Sheshagirinagat,^{rtrrn,g;ii:io*nino gnao'adri'KothaoudemDistrict'}

s Macha venkata^{nr*un3l'dlo"i;';ffi&;d tvtalor' bcc Agricultur.e'FUo} " [fiij;,itivijEri niir. n.i'ro e-z-tez.sundaEiah^{Nagar, ltlanugurulown ano} MJnoai. enaoradri^{kothagudemDistrict'}

s. iviridii s;tv;"ionr"^{nl"olSlo eeniimtn.nged aborrt s0 vears' occ'} Business, R/o^{H.No.a-z-iiz]5'-I"iJ"i'i'n r'r'"gii'tt'l"n'g"tiTown and [\ilandal'} Bhadradri^{Kothagudem District'}

Pavam^{Jagan, S/o N,r.t!'iun,iSuO about35 y-ears' occ Business'Fl/o} Bhbovalaxmi^{enterprisel-ii/li'intio'oppSBI Manuouru Branch'} E#!|i,ri, rffi^{, ffi ,s;ii ffi ili r""'J'rrrr5[0,t, B had rad ri Kothaqud em District}

1 1 . Mukkera Ramaswamy,^{t['rt'r"ril'rt'Agedabout 50 vearsOcc'Retired} Sinqareni emplovee'^{Rv;'; iG'b-i-i'cie6' S'noaolahNagar'Manuguru Town} Iiiivri"orL'^{ehdoraori Kothagudem District'}

/ ''t it-T

B h a d ra d ri Ko t h a g u d e m D i stri ct a n d " #": S? 3'lr?#l t+:3i li *u,f:J.i:g?Jl Rl2 is suo motu impleaded as per Court Order dt: 07.07.2025

...RESPONDENTS

Petition under Articre 226 0f rhe constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or decraration more particurarry in the nature of writ of [rilandamus craiming the order dated 27r12/2023 0f.the 2nd respondent in LTR case No 0512021.MGR, passed without conducting proper ground verification of facts, without making petitioner a party to the proceedings, by invoking the Telangana Schedure Area Land rransfer Reguration Rures, -r g69 (and the Ap Land Transfer Regulation Act, 1g59 as amended) against the property held by petitioner who is a schedure tribe, i.e. the house property bearing H.No. g-2'186/1 B and its adjoining open place, (misrepresented as open ,and in possession of respondent No 10 herein, who is vendor of the petitioner, by respondents No. 4 to 6 herein), as void-abinitio, iilegar, arbitrary, against Articres 14,21 and 3004 of the constitution of rndia and rerangana schedure Area Land rransfer Reguration Rules, 1 969 and consequently set-aside the impugned order dated 2711212023 of the 2nd respondent in LTR case No 05/202'1lMGR with respect to the petitioner,s house property bearing H.No. B._2_1g6/ j B and its adjoining open place.

lA NO: 1 OF 2025

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 officiar respondents not to dispossess the petitioner from petitioner,s house property bearing H.No. g_2_.1g6/1 B and its adjoining open place. [/anuguru municiparity and mandar' Bhadradri - Kothagudem district, pending disposar of the above writ petition.

Counsel for the petitioner: SRI SANDEEP KUMAR BODLA Counset for the Respondent Nos.1 TO 3r cp ;6i'sbCfef_ WELFARE Counsel for the Respondent Nos.4 TO 12: __

The Court made the following; ORDER

( t

THE HON'BLE^{SRI JUSTICEPULLAXARTHIK}

WRIT PETITION^{No.8045 of 2025}

ORDER:

Aggrieved by the ordcr^{daLed 27.12'2023 passedby rcspondent} No.2 in LTR Case^{No.O5/2021/MGR,the prcsent writ petitionhas} been hled.

Hcard Sri Sandeep^{Kumar Bodla, learned counscl appearing for} the petitioner and^{learnedGovernmenL f)leaderfor socialwelfare,} appcaring on behalf^{of respondcntNos. Ito3'}

Though the u'tit^{petition ishled seeking to scL aside tirc} impugned order^{passcd by rcspondent No.2 dated 27 12'2023,afLet} arguing for some tinlc,^{lcarncd counsel for [he pctil irlncr submits that} thc petitioner has^{alrcadypreferredarn appeal against the impugned} order before the newly^{impleacledrcspondentNo.12, but the said} appeal has not becn registercd^{or disposed of so far'Therefore,} Iearned. counsel for thc^{pctitloncrprays this Court to pass necessary} orders in the present writ^pctition.

Learned Government^{Pleadcrfor Social Welfare,on instructions,} su bmits that the appeal^{prcfcrredb1' l.he petitioner camc to be} nurnbered as C.M.A.No.2S of^{2025 on thc hle of newly impleaded}

2

PK, J W.P.Na.804S of 202S

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respondcnt No. 12, and thereforc, seeks consiclerablc period ol time to dispose of the appeal in accordance rvith law.

Having regard to the submissions made by the learned counsel for the respectivc parties, rvithout going into mcriLs of thc casc, the Writ Petition is disposed of directing the ncr.r,ly implcaded respondent No.12 to p:lss appropriate orders in the appeal preferred by the pctitioncr viclc C.M.A.No.25 of 2025, alter putting all thc aflcctccl parties or-r notice and in conformity with thc pnnciples ol natural .iustice, duly pr.ovi<ling them an opportunity of hearing, strictly in accordance r.r,ith larv, as expeditiously as possible, prel_erably within a period of three (03) months from the datc of receipt ol. a copy of this order, and communicatc a copy thcreof to the petitioners. .,.ilr such limc, thc inlcrim order earrier grantcd by this court on 1g.03.2025. as is bcing extenrled periodically, shall continuc.

Miscellancou s appricaLions, if any, pcnding in this r.r,rit petition. shall stand closcd. No costs.

REKHA RANI REGISTRAR

//TRUE COPYII

To ION OFFICER 1 The Princi pa I Secretary, Social Welfare Departm State of Tela ngana Hyderabad,

I DepThe uty Prima ry ColiectorAuthoritv (rw) under at BhadrachalaLand Tranmsfer Regulations, 1 969 / Special 3. B had radri - Kotha gudem Diskict district The Thasildhar, lVlan uguru Mandal, Man uguru, Bhadradri _ Kothagudem

1. One CC to SRt SANDEEP KUMAR BODLA , Advocate loPUc Two CCs to Gp FOR SOCIA L WELFARE Telangana, at Hyderabad touTl , High Court for the State of

1. woCDCo pres

PSK o

GJP

I

I

HIGH COURT

DATED:0710712025

ORDER

WP.No.8045 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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