Punem Koteswara Rao, v. State of Telangana,
Court: High Court for State of Telangana
Bench: NAGESH BHEEMAPAKA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-20. Punem Koteswara Rao, v. State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ 3300 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 2996 I OF 2023 Between: Punem Koteswara Rao, S/o: Ramesh, Occ. pESA Gram Sabha Vice President, Subash Nagar Village Gram Sabha and G. p. , Aged. 30 years, Occ. Agriculture, R/o H. No. 11-93, Lalithapuram Villaqe, Subasi Naoar'Gram Panchayat, Yellandu MaMal, Bhadradii Kothagud-erir District, T-elangana State -507123 ... PETITIONER AND 't. State of Telangana, Rep. by its Secretary to Government, Tribal Welfare Department, DR. B. R. Amdedkar Telangaha Secretariat, Hyderabad. 2 The District Collector and Agent to Government, Bhadradri Kothagudem District, Kothagudem, 3 The Project Officer and Adll. Agent to the Government l. T. D. A, Bhadrachalam, at Bhadrachalam Bhadradri Kothagudem District. 4.
The District Panchayat Officer, Bhadradri Kothagudem District, Kothagudem 5. The Revenue Divisional Officer Cum Agency Divisional Officer, Kothagudem Division, at Kothagudem, Bhadradri Kolhaguciem District. 6. The Tahsildar, Yellandu Mandal, Yellandu Bhadradri Kothagudem District. 7. Subashnagar Gram Panchayat, Rep. by its Panchayat Secretary, Subashnagar, Yellandu Mandal, Bhadradri Kothagudem District' 8. Aitha V^esweswara_Rao, S/o. Lingaiah, Age. Not Known, R/o. Subashnagar Gram Panchayat, Subashnagar, Yellandu Mandal, Bhadradri Kothagudeh District. 9. Aitha Mallikarjunarao, S/o. Lingaiah, Age. Not Known, Fl/o. Subashnagar Gram Panchayat, Subashnagar, Yellandu Mandal, thadradri Kothagudem District. l0. Jampala Krishnamraju, S/o: Narsaiah, Age. Not Known, R/o. Khammam Road, Subashnagar, Subashnagar Gram Panchayat, Yellandu Mandal, Bhadradri Kothagudem District. 1 1 . Gudla Padma, Wo: Pichaiah, Age. Not known, Occ- Housewife, R7o. Thodilhalagudem, Singareni Mandal, Khammam District.
... RuTon/r. nL,t Petition under Article 226 of lhe 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 'declaring WRIT OF rVIANDAMUS, the inaction of the respondent authorities, particularly R 03, R 5 and R 6 on numerous complaints filed by the petitioner to initiate proceedings against respondents 08 to 11, under Telangana Scheduled areas Land Transfer regulation 1959 as amended by Regulation 1 /70, with regard to the subject government land in Sy. No.
603 of Sudimalla revenue village, Yellandu mandal , Bhadradri Kothagudem District as illegal, unconstitutional and contrary to the law laid down by the Hon'ble Supreme Court and this Hon'ble High Court and consequently direct the 05th respondent to immediately initiate LTR proceedings u/s 3(2) of LTR 1i59 as amended by regulation 1/70 with regard to the subject government land of Sudimalla revenue Village in Sy. No. 603 and conclude the same as per the directions issued by the Government vide Memo No. Memo No. 1 1456/TW. LTR. 1/06 dt. 28. 02. 2008. lA NO: 1 OF 2023 '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 pleased to direct respondents 04 and 07 to immediately act upon the representations of the petitioner dt. 01 . 12. 2020, 02. 02. 2022 and 05. 05.
2023, as per the provisions of Telangana Panchayat Raj Act 2018, with regard to illegal constructions being 't made by the respondents 08 to 1 in subject land in Sy. No. 603 of Sudimalla revenue village, Yellandu mandal, Bhadradri Kothagudem District. Counsel for the Petitioner: SRI CH RAVI KUMAR Counsel for the Respondent Nos. 1 to 3 and 5: GP FOR SOCIAL WELFARE Counsel for the Respondent No. 4: GP FOR PANCHAYAT RAJ Counsel for the Respondent No. 6: GP FOR REVENUE Counsel forthe Respondent No. 7: SRI P. KISHORE RAO, Counsel for the Respondent No. 8: SRI MOHAMMAD NASEER PASHA Counsel for the Respondent No. 10: SRI B. BALAJI Counsel for the Respondent No. 9:-- The Court made the following: ORDER r- (- THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A uIBIa PDTTTION [O. 2996a OF 2o23 ORDER: This Writ Petition is liled seeking following relief: .. --to issue a uit, order or direction, more particalqrlg one in the nature of uit of mandannus declaring th.
e inaction of the authorities, pariiatlarlg Respondent Nos. 3, 5 and 6 on numerous complainfs ftled bg the petttioner to inittate proceedings against respondents g to 71, und. er Telangana Scheduled areas land Tra nsfer regulatioa 1959 as amended. by Regulation 1/ 70, with regard. to tlle subject gouemment land ia Sg. No. 6O3 of Sudimalla reuenue village, Yellandu Mand. al, Bhadradri Kothagudem District as illegal, urrconstitutional and contrdry to the laut laid. down by the Hon'ble Supreme Coun and this Court and anseEtentlg direct the Sth respondent to immediatelg initiate LTR proceedings u/s 3(2) of LTR 1/59 a. s amended bg regalation 1/7O urith regard to the subject gouernment land. of Sudimalla reuenue Village in Sg. No. 603 and conclude the satme as per tle directions issaed bA the Gouemment uide Memo No. 1 1456/ TW. LTR. 1 / 06 dt. 28. 02. 2OO8 and to poss-.. ' 2. Heard Sri CH.
Ravi Kumar, learned counsel for the petitioner and leamed Assistant Government Pleader for the respondents. With their consent, the writ petiLion is disposed of at the stage of admission itself. 3. I*amed coLrnsel for the petitioner contended that the petitioner submitted a complaint to the respondent authorities requesting to initiate the proceedings under Section 3(2) of LTR l/59 as amended by LTR l/7O, in respect of the land in Survey I \ No. 6O3 of Sudimalla Revenue Village. Learned counsel further I submits that the petitioner submitted representations on OL. 12. 2O20, O2. O2. 2O22 and 05. 03. 2O23 and pursuant to rhe I ? x representations submitted by the petitioner, respondent No. 2 addressed letters to respondent Nos. 4 and 5 directing them to take necessary action, till date they have not taken any steps. 4.
Learned Assistant Government pleader appearing for the respondents submits that if the representations submitted by the petitioner are still pending with the authorities, it would be considered by the authorities, in accordance with law. 5. Having considered the rival submissions made by the respective parties and without going into ttre merits of the case, the writ petition is disposed of directing the respondent Nos. 4 and 7 to consider the representation made by the petitioner dated 05. 05. 2023 and take appropriate decision after giving notice to the effected parties and pass appropriate orders in accordance with law within a period of six (06) months from the date of receipt of a copy of this order. 6. Accordingly, the Writ petition is disposed of. Miscellaneous applications, il any, pending in this writ petition, shall stands closed. SD/. T. VIJAY KUMAR ASSISTANT REGISTRAR //TRUE COPY// ,4-. -' SECTION OFFICER To, 1. The Secretary to Government, Tribal Welfare Department, DR'B.
R. Amdedkar Telangana Secretariat, State of Telangana, Hyderabad. 2. The District Collector and Agent to Government, Bhadradri Kothagudem District, Kothagudem, 3. The Project Officer and Adll. Agent to the Govemment l. T. D. A, Bhadradhalam, at Bhadrachalam Bhadradri Kothagudem District. 4. The District Panchayat Officer, Bhadradri Kothagudem District, Kothagudem. 5. The Revenue Divisional OJficer Cum Agency Divisional Officer, Kothagudem Division, at Kothagudem, Bhadradri Koihaqudem District. 6. The Tahsildar, Yellandu Mandal, Yellandu Bhadradri Kothagudem District. 7. The Panchayat Se_cretary, S_ubashnagar Gram panchayat,-Subashnagar, Yelland! Mandal, Bhadradri Kothagudem District 8. One CC to Sri CH. Ravi Kumar, A? vocate [OPUC] 9. One CC to Sri B. Balaji, Advocate[OPUC] 10. One CC to Sri P. Kishore Roa, SC[OPUC] 1 1 . One CC to Sri Mohammed NaseerPasha, Advocate[Opuc] 12. Two CCs to GP for Social Welfare, High Court for th-e State of Telangana, at Hyderabad [OUT] 13.
Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] 14. Two CCs to GP for Panchayat Raj, High Court for the State of Telangana, at Hyderabad [OUT] 15. Two CD Copies TJ SB , HIGH COURT DATED:2010212024 t I ORDER TrtE S14 (o o WP. No. 29968 of 2023 I ! 0 E tpn Znt ( L J t o * €s lAT rit) C DISPOSING OF THE WRIT PETITION WITHOUT COSTS. c"$'x 6o-
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