Edupuganti Sathyanarayana Murthy v. State of Telangana
2025-05-21
J.SREENIVAS RAO
body2025
DigiLaw.ai
ORDER : 1. This writ petition has been filed seeking the following relief: “to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their agriculture land property situated in Sy.No.131 to an extent of Ac.1.00 gts along with house bearing H.No.1-1-77 of Manuguru Village and Mandal, Bhadradri Kothagudem District without passing orders by the 2nd respondent either in the main Appeal or in stay petition filed by the petitioners on 07/05/2025 against the orders passed by the 3rd respondent/Special Deputy Collector in LTR Case No.10/2023/MGR, dtd.28/12/2024 which is served on the counsel for petitioners on 22/04/2025 in connection with the petitioner s agricultural land situated in Sy.No.131 to an extent of Ac.1.00 of Manuguru Village and Mandal, Bhadradri Kothagudem District is illegal and void and opposed to Articles 14, 19, 21 and 300A of Constitution of India and consequently to direct the respondent/authorities not dispossess the petitioners from their land situated in Sy.No.131 to an extent of Ac.1.00 of Manuguru Village and Mandal, Bhadradri Kothagudem District till disposal of the main appeal filed by the petitioners before the 2nd respondent on 07/05/2025 against the orders of the 3rd respondent dtd.28/12/2024 served on the petitioners counsel on 22/04/2025.” 2. Heard Mr.M.Srinivasa Rao, learned counsel for the petitioners, learned Government Pleader for Tribal Welfare Department appearing for respondent Nos.1 to 3 and learned Government Pleader for Revenue appearing for respondent No.4. 3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission. 4. Learned counsel for the petitioners submitted that the petitioners are seeking disposal of the stay application or appeal pending before respondent No.2 and till such time, to protect their possession. In view of the same, notice in respect of respondent Nos.5 and 6 is dispensed with. 5.1. Facts giving rise to filing of this writ petition briefly stated are that the petitioners claim to be the owners and possessors of agricultural land admeasuring Ac.1-00 in Sy.No.131, along with a house bearing Door No.1-1-77 situated in Sy.No.131 over an extent of Ac.0-20 cents. They stated that the said property was purchased from the original owner through a sada sale deed dated 07.05.1997.
They stated that the said property was purchased from the original owner through a sada sale deed dated 07.05.1997. Additionally, the petitioners also purchased Ac.0-20 cents in Sy.No.129 and Ac.1-04 guntas in Sy.No.130 under a registered sale deed dated 29.12.1991 by paying valuable sale consideration. Since then, the petitioners have been in peaceful possession and enjoyment of the aforesaid properties. 5.2. It is further averred that the vendors of the petitioners had acquired the above mentioned lands through a registered sale deed dated 27.06.1985. The petitioners also stated that they constructed a house in a portion of the land measuring Ac.0-25 cents in Sy.No.131, and the Gram Panchayat has allotted Door No.1-1-77 in their favour. 5.3. It is further averred that respondent Nos.5 and 6 claimed to be the legal heirs of one Bandaru Mandaiah @ Mangaiah. The brother of Bandaru Mandaiah @ Mangaiah i.e., Bandaru Narasimha, submitted application to the Special Deputy Collector/respondent No.3 and basing on the same, respondent No.3 initiated the proceedings vide LTR Case No.10/2023/MGR and passed eviction order on 28.12.2024 exercising the powers conferred under the provisions of the Telangana Schedule Areas Land Transfer Rules, 1969 read with sub-section 2(a) of Section (3) of Regulation 1959 and ordered the ejectment of petitioner from the subject land to an extent of Ac.1-00 in Sy.No.131 of Manuguru Village and Mandal and directed respondent No.4 to resume the above said property to Government custody. Aggrieved by the above said order, the petitioner filed statutory appeal before respondent No.2 on 07.05.2025. Along with the said appeal, the petitioner also filed an application for grant of stay of all further proceedings including eviction of the petitioners. The said application is also pending and respondent No.2 has not passed any order. 5.4. The petitioners further averred that the respondent Nos.5 and 6 have filed suit in O.S.No.272 of 2020 on the file of the Mobile Court, Bhadrachalam, claiming the land to an extent of Ac.1-03 guntas in Sy.No.129 and also obtained interim injunction orders in I.A.No.253 of 2020.
5.4. The petitioners further averred that the respondent Nos.5 and 6 have filed suit in O.S.No.272 of 2020 on the file of the Mobile Court, Bhadrachalam, claiming the land to an extent of Ac.1-03 guntas in Sy.No.129 and also obtained interim injunction orders in I.A.No.253 of 2020. Aggrieved by the same, the petitioners filed C.R.P.No.2967 of 2023 before this Court and this Court set aside the order passed in I.A.No.253 of 2020 and remanded the matter to the learned Special Assistant Agent and Sub Divisional Magistrate (Mobile Court) at Bhadrachalam, with a direction to dispose of the same in accordance with law and till disposal of the said I.A., both the parties therein are directed to maintain ‘status quo’ with regard to the suit schedule property in all respects. Respondent No.2 in the said case has not contested the said application or the appeal. However, respondent No.4 is trying to dispossess the petitioners from the subject property. Unless this Court issues necessary direction to respondent No.2 to decide the said application or appeal within a stipulated time, and until such time, if respondent No.4 is not restrained from dispossessing the petitioners from the subject property, the petitioners will be put to suffer irreparable loss and great hardship. 6. Learned Assistant Government Pleader submitted that the subject property is situated in the scheduled area and the petitioners are non-tribals and respondent No.3 has rightly passed the impugned order. 7. Having considered the rival submissions made by the respective parties and on perusal of the material available on record, it reveals that the petitioners have filed statutory appeal invoking the provisions of Rule 8(2) of the Telangana Scheduled Areas Land Transfer Rules , 1969 read with section 3(a)(iii) of Telangana State Scheduled Areas Land Transfer Regulation 1 of 1959 before respondent No.2 on 07.05.2025 aggrieved by the order passed by the respondent No.3 dated 28.12.2024. Along with the said appeal, the petitioners also filed an application for grant of stay and the same is pending. 8.
Along with the said appeal, the petitioners also filed an application for grant of stay and the same is pending. 8. Taking into consideration the facts and circumstances, without expressing any view on the merits of the case, this Court deems it appropriate to dispose of the writ petition, by directing respondent No.2 to pass appropriate orders either in the stay petition or appeal filed by the petitioner on 07.05.2025, aggrieved by the orders of respondent No.3 dated 28.12.2024, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order after giving notice and opportunity to the parties in the appeal and till such time, respondent No.4 is directed not to dispossess the petitioners from the subject property i.e. Ac.1-00 in Sy.No.131 along with house bearing No.1-1-77 of Manuguru Village and Mandal, Bhadradri Kothagudem District. 9. With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.