Byreddy Venkata Reddy v. State Of Telangana

[ 3303 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special 0riginal Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NO: 33164 OF 2022'

Between:

Byreddy Venkata Reddy, S/o. Late. Pratap Reddy; Occ. Agriculture, R/o. Anjaneyapuram village, FVo. Challasamudram Yellandu Mandal, Bhadradri-Kothagudem District. ...PETITIONER AND

1. State of Telangana, Tribal Welfare Department, Rep. by it's Secretary to Govemment, Secretariat, Hyderabad.

2. The Additional Agent to Govt, Bhadrachalam, Bhadradri-Kothagudem district.

3. The Agency Divisional Officer, Kothagudem, Bhadradri-Kothagudem district.

4. The Tahasildar, Yellandu Mandal, Bhadradri-Kothagudem district,

5. Gondi Venkataramana (S.T), State President, A.E.W.C.A, Hyderabad. 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 appropriate Writ, Order or direction more particularly one in the nature of Mandamus declaring the action of the lst respondent in straight away rejecting the Stay Petition without giving any opportunity to the petitioner vide Government Memo No.494l-TW.LTW2022-1, dated. 13.4.2022, filed along with the Revision Petition for challenging the orders made in C.M.A.No.3ll20l6, dated 30.7.2021on the file of the 2nd respondent, wherein the 2nd respondent has confirmed the orders passed by the 3rd respondent in L.T.R. Case No.46l20l5lYld. dated 29.7.

2015 as illegal, arbitrary against the principles of natural justice and also violative the provisions of the Articles 14,21 and 300-4 of Constitution of India and consequently direct the 4th respondent not to dispossess the Petitioner from the subject agricultural land until pending disposal of the Revision Petition filed by the petitioner before the lst respondent; IA NO: I OF 2022 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 4th respondent, not to dispossess the petitioner from the subject agriculture land in SyNo.4lg 12 to an extent of Ac.2.19 gts.

Bhadradri-Kothagudem district, in pursuant of the orders of the lst respondent vide Government Memo No.494lTW.LTN2022-1, dated. 13.4.2022. in rejecting the Stay Petition, filed along with the Revision Petition before the lst respondent challenging the orders, made in C.M.A.No.31/2016, dated 30.7.202I on the file of the 2nd respondent, wherein the 2nd respondent has confirmed the orders passed by the 3rd respondent in L.T.R. Case No.4612015/Yld, dated 29.7 -2015 IA NO: 2 OF 2022 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 amend cause title by deleting the iespondent No.5 in WP.No.33164 of 2022 as well as in [.

As in the interest of justice IA NO: I 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 permit the petitioner to take steps against the respondent No-5 by way of issuing paper,publication in any local daily newspup". as substitute service of notice to the respondent No.5 Counsel for the Petitioner : SRI. B RAVINDRANATH counsel for the Respondent Nos.

HON'BLE SRI JUSTICE J. SREENTVAS RAO PETITION N

ORDER

Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Social Welfare.

2. This writ petition is filed by the petitioner seeking to issue appropriate Writ, Order or direction more particularly one in' the nature of Mandamus declaring the action of the l st respondent in straight away rejecting the Stay Petition without giving any opportunity to the petitioner vide Government Memo No.494/TW.I-TR /20221, dated: 13.04.2022, filed along with the Revision Petition for challenging the orders made in C.M.A No.3l 12016, dated 3O.O7.2O21 on the file of the 2nd respondent wherein the 2nd respondent has confirmed the order:s passed by the 3rd respondent in L.T.R Case No. 46 / 20 1s/Yld, dated 29 .O7 .2{U^15 as illegal, arbitrary against the principles of natural justice and also violative the provisions of the Articles 14, 2I and 3OO-A of Constitution of India and consequently direct the 4th respondent not to dispossess the Petitioner from the subject agricultural land until pending disposal of t.he *\,

Revision Petition filed by the petitioner before the lst respondent.

3. Learned counsel for the petitioner contended that the petitioner filed revision petition before the respondent No.1 aggrieved by the order passed by the respondent No.2 in CMA No.3l of 2016 dated 3O.O7.2O21, conlirming the order passed by respondent No.3 in L.T.R. Case No.461 2Ol5 /YLD, dated 29.O7 .2015.

4. He further submits that respondent No.1 while admitting the revision petition rejected the stay petition without giving any opportunity to the petitioner and passed impugned Memo No.494 /TW.LTR /2022- 1 dated 13.04.2022. By virtue of the rejection of the stay, the respondent No.4 is trying to take steps to vacate the petitioner from the subject land.

This court on 23.O8.2022 while ordering notice before admission granted Status-Quo order and the same is continuing till date.

5. A perusal of the record would reveal that the revision petition filed by the petitioner is pending before respondent No. 1.

J

6. In view of the pendency of statutory revision, without going into the merits of the case, this writ petition is disposed of by directing respondent No.1 to dispose of the revision petition filed by the petitioner within a period of four months from the date of receipt of the copy of this order. Till such time, the respondent No.4 is directed not to take any coercive steps against the petitioner pursgant to the order passed by the respondent No.3 in L-T.R. Case No.46/2O15/YLD, dated 2g.O7.2OL5, as confirmed in CMA No.3l of 2016 dated 3O.O7.2021 by the respondent No.2.

As a sequel thereto, miscellaneous applications, if dny, pending in this writ petition, shall stands closed. SD/-MOHD.SANAULLAH ANSART / ASSISTANT REGISTRAR I //IRUE COPY// 6* SECTION OFFICER to'r.

The Secretary to Govemment, Tribar welfare Department, Secretariat, Hyderabad, State of Telangana'

2.TheAdditionalAgenttoGovt,Bhadrachalam,_Biradradri-Kothatgudemdistrict.

3. The Agency oiuiJional offi cer, [o*raguaemaph$radri-Kothagudem district'

4. The Tahasitd"r, y;ii";du Mandal, Bhadradri-Koih3eudem_district,

5. Gondi v""k;;;ana (S.T), State President, A.E.W.C.A, Hyderabad.

6. One CC ,o Snf' B RAVINDRANATH Advocate [OPUC]

7. Two ccs,o--cp FoR soclel wglrARE , HigtrCourt for the State of relangarra, Hyderabad. [OUT]

8. Two CD CoPies

HIGH COURT JS& J DATED: 2810212023 5-i .rr'i"i:

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ORDER

1,,1 WP.No.33l64 of 2022 WRIT PETITION IS DISPOSED OF WITHOUT COSTS