Yadagiri Satyanarayana v. The State Of Telangana And 5 Others
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF IMARCH TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 5583 OF 2020 Between:
Yadaglri Satyanarayana, S/o.Late Jeevaiah, Aged. about 60 years, Occ.Colie, R/o. Pothureddypalli Village, Pinapaka Mandal, Bhadradri Kothagudem District ...PETITIONER AND The State of Telangana, rep. by its Principal Secretary for Tribal Welfare, Secretariat, Hyderabad The District Collector, Bhadradri Kothagudem District, Head quarter at Kothagudem The Additional Agent to Government and Project Officer, l.T.D.A Bhadrachalam, Bhadradri Kothagudem District The Special deputy Collecto(TW), Bhadrachalam, Bhadradri Kothagudem District The Tahsidar, Pinapaka Mandal, Bhadradri Kothagudem District fi/unigala Rama Rao, S/o.Pottaiah, Aged. Major, Occ.Agriculture Fl/o.Pothureddypalli Village, Pinapaka Mandal, Bhadradri Kothagudem District ...
RESPONDENTS Petition under Article 226 oI the Constitution of lndia 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, to declare the action of the 3rd respondent in not disposing the petitioner's C.lV.A and stay petition filed in the month of January,2020 against the order dated 20-11-2019 in L.T.R. Case No.4Bl2019/PNK passed by the 4th respondent directed the 5th respondent to take over possession of his house No.754/3, admeasuring 0-02 cents in Sy.No.
943, situated at Edulla Bayyaram Village, Pinapaka Mandal, Bhadradri Kothagudem District and hand over to the 6th respondent by way of panchanama though the petitioner is the absolute owners and possessors of the houses as illegal , arbitrary and violation of principles of natural justice and violation of Articles 14,19,21 , and 300-Aof the Constitution of lndia and consequently direct the 3rd respondent to dispose of CIt/A and stay petition lA NO: 1 OF 2020 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 Respondents not to interfere with the peaceful possession and enjoyment of the petitioners house No.7-54i3, admeasuring 0-02 cents Sy.No.
g43, situated at Edulla Bayyaram Village Pinapaka Mandal, Bhadradri Kothagudem District pending disposal of the above said petition Counsel for the Petitioner: SRl.
Counsel for the Respondents No1,2,4 to 5: GP FOR SOCIAL WELFARE (TG) Counsel for the Respondents No.3 :GP FOR ITDA The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION No.5583 of 2020
ORDER
The present writ petition is filed to declare the action of the 3'd respondent in not disposing of the petitioner's appeal and stay application, filed in the month of January, 2020, against the order, dated 20.11.2079, in L.T.R.Case No.48 of 2019 passed by the 4th respondent directing the 5th respondent to take over possession of his house No.7-5413, admeasuring Ac.0.02 cents in Survey No.943, situated at Edulla Bayyaram Village, Pinapaka Mandal, Bhadradri Kothagudem District, as illegal and arbitrary.
2.
Heard learned counsel for the petitioner and learned Government Pleader for Social Welfare.
3.
The petitioner is stated to have flled an appeal, along with an application for stay, before the 3'd respondent, being aggrieved by the order passed by the 4th respondent and that the same is pending consideration by the said authority since January, 2020. 4, Having regard to the fact that the petitioner has availed the remedy of appeal provided under the statute against the order passed by the 4th respondent, this Couft is oF the view that the 3'd respondent authority can be directed to dispose of the stay application filed along with the CMA within a time frame.
5. In view of the above, without going into the merits of the matter, the 3'd respondent is directed to dispose of the stay application filed in the CMA, on 20.01.2020, within a period of two weeks from the date of receipt oF a copy of this order. Pending disposal of such stay application,
the parties are directed to maintain status quo existing as on today as regards the property in question.
6.
Subject to the above observation, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
Sd/. K AMMAJI ASSISTANT REGISTRAR ,TRUE COPY'
I src$N oFFrcER To,
1. The State of Telangana Principal Secretary for Tribal Welfare, Secretariat, Hyderabad
2. The District Collector, Bhadradri Kothagudem District, Head quarter at Kothagudem
3. The Additional Agent to Government and Project Officer, l.T.D.A Bhadrachalam, Bhadradri Kothagudem District
4. The Special deputy Collector (TW), Bhadrachalam, Bhadradri Kothagudem District
5. The Tahsidar, Pinapaka Mandal, Bhadradri Kothagudem District
6. One CC to Sri. Pulla Rao Yellanki Advocate [OPUC]
7. Two CCs to GP for Social Welfare (TG) ,High Court for the State of Telangana. touTl 8.Two CCs to GP for ITDA, High Court for the State of Telangana. [OUT] @- 9.Two CD Copies SS\'
I HIGH COURT TVKJ DATED:1210312020
ORDER
WP.No.5583 of 2020 l/ {/^v /q,u t ",rS c\s \ ,a"
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DISPOSING OF THE WP WITHOUT COSTS h\< \2-@"0 ?rKv^