Gundlapurapu Eswaramma v. The State Of Telangana
[ 3303 | HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRT JUSTICE J SREENIVAS RAO WRIT PETITION NO: 1320 OF 2023 Betrvcen:
1. GUNDLAPURAPU ESWARAMMA, Wo Daruga, Occ. Agriculture
2. GLNDLAPURAPU DARUGA, S/o Somulu, Occ. Agriculture Both are R/o Bhadrachalam Town and Mandal Bhadradri Kothadgudem Dist. ...PETITIONERS AND L The State of Telangana, Rep by its Principle Secretary, Tribal Welfare Department Secretariat, Hyderabad
2. The Additional Agent to Govt and Project Officcr I.T.D.A, Bhadrachalam, Bhadradri Kothagudern District
3. The Agency Divisional Officer, Kothagudem, Bhadradri Kothagudem District
4. The Tashildar, Dummugudem Mandal, Bhadradri Kothagudem District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated 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, declaring the inaction of the lst respondent in deciding the revision of the petitioner against order dated 09.12.2022 in CMA No. 36/2021 passed by the 2nd respondent is illegal, arbitrary to the provisions of the AP Schedule Areas Land Transfer Regulation 1959 against Article 14, 19 and 2l of the Constitution of India and consequently direct the respondent no. I to dispose of the stay petition filed in the appeal. IA NO: 1 OF 2023 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 grant STAY of operation of the Order dated 09.12.2022 in CMA No. 36/2021 passed by the 2nd respondent, pending revision before the 1st respondent.
SRI. KONDAPARTHI SRINIVASA Counsel for the Pctitioners:
GP FOR SOCIAL WELFARE Counsel for the Respondents:
The Court made thc following:
/ HONOURABLE SRI JI]STICE J.SREENIVAS RAO W.P.No, L32O of 2023 ORDER:
Heard the lea rned counsel for the petitione rs as well as learned Assistant Government Pleader for Tribal Welfare for the respondents I to 4. With the consent of the learned counsel for the petitioners as well as the learned Asst. Government Pleader for the respondents, the writ petition is disposed of at the stage of admission.
2.
According to the learned counsel for the petitioners, one Marma Ramaiah and 16 others have filed complaint before the Agency Divisional Ofhcer, Bhadrachalam for seeking eviction of the petitioners from the subject land to an extent of Acs.31.01 gts in Sy.Nos.64,6211,6212,63,67 12 and.67 11 situated at Singavaram Village of Dummugudem Mandal, BhadadriKothathagudem District. Basing on the said complaint, the Agency Development Ofhcer, Bhadrachalam initiated the proceedings and the same was numbered as LTR Case No.A/02/2021IDGM and the said Authority after following the due procedure as contemplated under the provisions of A.P. Schedule Areas Land Transfer Regulation 1959 passed the order on 06.O8.2021 directing the 4rh respondent_Tahsildar, b ar, -/
.) Dummugduem Mandal, Bhadradri Kothagudem District to evict the persons, who are in possession of the subject land and hand over the same to the tribal petitioners under cover of panchanama. The learned counsel for the petitioners further submits that questioning the said order, the petitioners have filed appeal by way of CMA No.36 of 2O2l on the file of Additional Agent to Government, Bhadrachalam, Bhadradi Kothagudem District/2nd respondent herein. The Appellant Authority after considering the contentions of the respective parties dismissed the appeal conlirming the order passed by the 3.d respondent by its order dated 09.I2.2O22. 3.
The learned counsel for the petitioners submits that questioning the above said orders, the petitioners have filed Revision petition under Section 6 of A.P. Schedule Areas Land Transfer Regulation I I 1959 before the Principal Secretary, Tribal Welfare Department- 1st respondent herein on 06.01.2023. He further submits that along with Revision petition, the petitioners also filed application under Rule 42 (c ) of Agency Rules and Sec. 151 of CPC for seeking stay of operation of the orders passed by the 2"4 and 3'd respondents. He further contended that the Revisional Authority/ I st respondent herein has not passed any orders in the stay \'
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application or in the Revision petition till date. He also contended that pursuant to the orders passed by the 2"4 and 3.d respondent, the 4d1 respondent is trying to evict the petitioners from the subject land.
4.
According to the averments made in the afhdavit filed in \ iI support of the rvrit petition as well as documents, it clearly shows that the petitioners have filed revision petition under Section 6 of A.P. Schedule Areas [,and Transfer Regulation I I 1959 before the Principal Secretary, Tribal Welfare Department-1st respondent herein on 06.0I.2023 questioning the orders passed by the 2nd and 3rd respondents dated 09.12.2022, and O6.08.2O21. It further discloses that tie petitioners also filed stay application along with revision petition for seeking stay of operation of the orders passed by the 2"d and 3'd respondents and the same is pending.
5.
In view of the pendency of revision petition as well as stay petition before the 1"t respondent, without going into the merits of the case, the lst respondent is directed to dispose of the stay petition or revision petition filed by the petitioners in accordance with law after giving opportunity to the respective parties therein, within a period of four (4) weeks from the date of receipt of copy of this order.
6.
With the above direction, the writ petition is disposed of accordingly.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
I SD/-L.SHIVA PARVATHI ASSISTANT RXGISTRAR //TRUE COPYII SECTION OFF'ICER To,
1. The Principle Secretary, Tribal Welfare Department Secretariat, State of Telangana, Hyderabad
2. The Additional Agent to Govt and Project Officer I.T.D.A, Bhadrachalam, Bhadradri Kothagudem District
3. The Agency Divisional Officer, Kothagudem, Bhadradri Kothagudem District
4. The Tashildar, Dummugudem Mandal, Bhadradri Kothagudem District
5. One CC ro SRI. KONDAPARTHI SRINIVASA Advocate [OPUC]
6. Two CCs to GP FOR SOCIAL WELFARE,High Court for the State of Telangana. lourl
7. Two CD Copiesl It
HIGII COUR'I'
JSR, J DATED: 1110112023 .{ \'
s'rAT€ Op ,C q [1 itB 2t11 c
ORDER
\.\ I \ WP.No.1320 of 2023 .;7 WRIT PETITION IS DISPOSED OF WITHOUT COSTS