Morampudi Bhujanga Rao v. The State of Telangana
Court: High Court for State of Telangana
Bench: SUREPALLI NANDA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-11-27. Morampudi Bhujanga Rao v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
132521 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENW SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 30956 OF 2024 Between: 1. Morampudi Bhujanga Rao, S/o. Pullaiah, Aged about 54 years, Occ. Agriculture, R/o. Arlandlapalli Village, Dammapeta Mandal, Bhadradri Kothagudem District. 2 Morampudi Venkateswara Rao, S/o. Pullaiah, Aged_ about 58 years, Occ. Agriculture, R/o. lvlandlapalli Village, Dammapeta Mardal, Bhahradri Kothagudem District ... PETITIONERS '\ -\ AND 1 The State of Telangana, Rep. by its Principal Secretary Tribal Welfare Department Secretariat Hyderabad 2. The Appellate Authority, under Land Transfer Regulations 1969i Additional Agent to Government PO ITDA at Bhadrachalam Bhadradri Kothagudem District 3. The Primary Authority under Land Transfer, Regulations '1969/Special Deputy Collector TW Bhadrachalam Bhadradri Kothagudem District 4.
The Tahsildar, Dhammapet Mandal, Bhadradri Kothagudem District 5. Surri Kannaiah, S/o. Ramudu, Aged about not known, Ccc.. Agriculture, Ri/o. Mandlapalli Village, Dammapeta Mandal, Bhadradri Kothagudem District 6. Surri Chalapathi Rao, S/o. Not known, Aged about not known, Occ. Agriculture, Rl/o. Mandlapalli Village, Dammapeta Mandal, thadradri Kothagudem District- ... RESPONDENTS Petition under Article 226 of 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 or order or direction, more particulady one in the nature of Writ of Mandamus, is filed declaring the action of 2nd Respondent not passing appropriate order either on stay petitioner or on the appeal (CMA) itself filed on dated 25. 10. 2024 agarnst the order of the 3rd Respondent dated 211. 09. 2024 vide LTR case No. 39/2021IDPT as being illegal arbitrary and violative of Articles 14, 21 and 300-4 of tht.
' constitution of lndia apart from being violative of principles of natural Justice, vrhich is nothing but abuse of their powers anc consequently, direct the 2nd Respondents to consider and dispose of the stay 5:etition or CMA itself within a reasonable time and further direct to the Respondenl No. 4 and their subordinate staff not to dispose the petitioners land an extent of Ac. 2-12gts in Sy. No. 506 situated at [Vtandalapalli revenue Village, Dammapeta Mardal, Bhadradri Kothagudem District, pending disposal of the CMA on the file of the 2nd Respondent and in the interest of justice. lA NO: 1 OF 2024 '151 Petition under Section CPC praying that in the circumstances.
stated in the affidavit filed in support of the petition, the High Court may be p eased to direct the 2nd Respondr:nts to consider and dispose of the stay petition or CMA itself within a reasonable time and further direct to the Respondent No 4 and their subordinate staff not to dispose the petitioners land an extent of Ac 2-129ts in Sy. No. 506 situated at Mandalapalli revenue Village, Dammapeta lr,,4andal, Bhadradri Kothagudem District, pending disposal of the Ctr,4A on the frle of the 2nd Respondent and in the interest of justice. Counsel for the Petitioner: SRI S. CHANDRA MOHAN REDDY Counsel for the Respondent Nos. 1 to 3: AGP FOR SOCIAL WELFARE Counsel for the Respondent No. 4: AGP FOR REVENUE Counsel for the Respondent Nos. 5 and 6:--- The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA PETI o9 f 202 ORDER: Heard Sri S.
Chandra Mohan Reddy, learned counsel appearing on behatf of petitioners, learned Government Pleader for Social Welfare appearing on behatf of the respondent Nos. 1 to 3 and learned Assistant Government Pleader for Revenue appearing on behalf of the resPondent No. 4 USED T E RECORD 2. The petitioners approached the Court seeking the prayer as follows: "...... to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus is filed dec'laring the action of 2"d Respondent not passing appropriate order either on stay petition or on the appeal CMA itself filed on dated 25. 10. 2024 against the order of the 3'd Respondent dated 21. 09. 2O24 vide LTR case No. 39/2021/DPT of Articles as being illegal arbitrary and violative L4, 2!
and 300A of the constitution of India apart from being violative of principles of natural Justice which is nothing but abuse of their powers and ___E consequently direct the 2nd Respondents to consider and dispose of the stay petition or CMA itself within a reasonable time and further direct to the Respondent No. 4 not ro dispose th" p"ti,i:::. :iil'::"Jil::Tf 2-12 gts in Sy No. 506 situated at Mandatapalti revenue Village Damn Korha sudem District rJ:}"j". J:::: T:t ::J; on the file of the 2nd ", and in the inrerest ofjustice uno ,urrlf,t'ondent 3' Aggrieved by the action of the 2nd respondent in not passing itppropriate orders either on stay petition r:r on the appeat (CMA) itsetf filed by the petitioner:; on 25. L0. 20)-4 before the 2nd respondent against the oroer of the 3. d respondent dated 21. 09. 2024 vide LTR Case No. 39/20:21,/DpT, the present Writ petition is fited 4.
It is represented by the learned counsel appearing on behalf of the petitioners that in compliance to the direrction of this Court dated 07. 11. 2024 issued to the petitioners to take out personal notice to the respondent Nos. 5 & 6 and file proof of service of the said notice on respondent Nos. 5 & 6 on the file of Regis;try, the learned counsel appearing on behalt of the petitioners took out notice to the respondent Nos. 5 & Persoflal vide 6 and filed proof of service of notice into the Registry USR No. LL6O46/2024 along with the Postal Track Consignment No. RNo36996171IN. on 5. It is represented by the learned counsel appearing behalf of the petitioners and learned Government Pleader for Social Welfare appearing on behalf of the respondent Nos. 1 to 3 that, the subject issue in the present Writ petition is squarely covered by the order of this Court dated 16. 10. 2024 passed in W. P. No.
24568 of 2024 and hence, the present wtit petition could be disposed of in terms of the order of this Court dated L6. L0. 2024 passed in W. P. No. 24568 of 2024. 6. Taking into consideration the facts and circumstances of the case and the submissions made by the tearned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader appearing on behalf of respondent Nos. 1 to 3 and for the reasons alike in the above referred order dated 16. 10. 2024 passed by this Court in W. P. No. 24568 of 20. 24, the writ petition is disposed of darectang respondent No. 2 to pass appropriate orders either in the Stay petition or the Appeal itself fited by the petitioner on ZS. LO. 2O24, aggrieved against the eviction order of respondent No. 3, vide LTR Case No. 39/2O2llDpT, dated 2t. Og. ZO24 in accordance to law, in conformity with the principtes of natural justice by giving notices to alt concerned, including the respondent Nos.
S & 6 within a period of four (4) weeks from the date of receipt of a copy of the order. Till the above exercise is initiated, and appropriate orde. rs passed by respondent No. 2 as indicated above within the time period as stipulated as above and i communicated to the petitioner, the interim order granted by this Court on 07. LL. 2OZ4 directing status_ quo to be maintained in respect of the land to an extent of Acres 2-12 guntas an Sy. No. 5O6, satuated at Mandalapalli Revenue Viilage, Dammapeta Mandal, Bhadradri Kothagudem District shall remaan in force. However, there shalt be no order as to costs. i i I I I I I Miscellaneous petitions, if any, pending shalt stand closed. SD/-N. SRIHARI ASSIST T REGISTRAR //TRUE COPY// TION OFFICER To, -l . The Appellate Authority, under Land Transfer Regulations 1969/ Additional Agent to Govemment PO ITDA at Bhadrachalam Bhadradri Kothagudem District I 2. One CC to Sri S. Chandra Mohan Reddy, Advocate {OPUCI 3.
Two CCs to GP for Social Welfare, High Court forthe State of Telangana, at I Hyderabadd [OUT] I 4. Two CCs to The GP for Revenue, High Court for the State of Telangana, at Hyderabad[OPUC] I j 5. Two CD Copies I TJ GJP PrnX. t I HIGH COURT DATED:2711112024 g. STAtq 1tt J (ial 04 ORDER 1. , o I i . : r, i'r e, tr(: WP. No. 30956 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Prv, tzt,'1>g
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