Lingampalli Ravi v. The State of Telangana
Court: High Court for State of Telangana
Bench: CHALLA KODANDA RAM
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-15. Lingampalli Ravi v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM wRlT PETTTTON NO. 16833 0F 2020 Between: 1. Lingampalli Ravi, S/o Appaiah, R/o Kamepalli Village and Mandal, Khammam District. 2. Puchakayala Ramakrishna, S/o Appa Rao, R/o Kamepalli Village and Mandal, Khammam District 3 lVothukuri Venkateswarlu, S/o Pichaiah, R/o Kamepalli Village and Mandal, Khammam District. 4. Puchakayala Venkateswwarlu, S/o Agaiah. Rio Thallagudem Kamepalli Mandal, Khammam District. 5. Puchakayala Lingaraju, S/o Agaiah, R/o Thallagudem, Kamepalli Mandal, Khammam District 6. Puchakayala Appa Rao, S/o. Janaki Ramaiah, Fl/o Thallagudem, Kamepalli l\,ilandal, Khammam District. 7. Puchakayala Erra Narasaiah, S/o Venkataswamy, Fl/o Thallagudem, Kamepalli l/andal, Khammam District B. Nelluri Venkiatappahai, S/o Gopaiah R/o Thallagudem, Kamepalli Mandal, Khammam District ..
,PETITIONERS AND 1, The State of Telangana, Rep by its Principal Secretary, Tribal Welfare, Secretariat, Hyderabad 2. The Additional Agent, to Government Project officer, ITDA, Bhadrachalam. 3. Agency Divisional Officer, Khammam District 4, The Tasildar, Kamepalli, Khammam District. ... RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ, particularly in the nature or lVandamus duly declaring action of the 'lst respondent herein in rejecting the stay application in the revision petition vide l\,4emo No. 713l713lTWLf Rl2O20, dated 10/09i2020 pending revision petition, against the orders in CMA No. 1112019 of The Additional Agent to Government, Project officer, ITDA, Bhadrachalam in respect of land to an extent of 'l Ac. 1. 00 in Sy No.
640/n of Kamepalli Village, without any notice or affording any opportunity for the petitioners of being heard, as illegal, arbitrary and against the principles of natural justice and consequently set aside the proceeding in lVlenu No. 7131713fiWLfRl2OzO, dated 10. 09. 2020 and suspend the order in LTR Case No. 3/2016/Kmpl pending disposal of the revision petition before the Government against the orders in CMA 1112019, daied 2410612020 in the interest of justice. 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 stay the operation of order in LTR Case No. 3/2016/Kmpl, including the ejectment in respect of lands to an extent of Ac. 11. 00 in Sy No. 640/a of Kamepalli Village, pending consideration of Revision Petition before the Government against orders in CMA 1112019, daled 2410012020 in the interest of justice. Counsel for the Petitioners: SRI P.
RAMA SHARANA SHARMA Counsel for the Respondents: SRI CHALAKANI VENKAT YADAV, GP FOR SOCIAL WELFARE The Court made the following: ORDER THE HON'BLE SRI JUSTICE CHALLA KODANDA R{M WRIT PETITION No. 16833 of 2020 ORDER: Heard learned counsel for petitioners and Sri Chalakani Venkat Yadav, learned Govemment Pleader lbr Social Weltare. The facts on record disclose that the proceedings began in 2015. Respondent No. 3 - Agency Divisional Officer. Khamrnarn District. passed order dated 07. 10. 20 l6 for eviction of the petitioners. The petitioners challenge the same by filing CMA. No. l l of 20 l9 before respondent No. 2 - Additional Agent to Govemment, Project Officer, ITDA, Bhadrachalam, who in turn, dismissed the same vide order dated24. 06. 2020. Aggrieved by the same, they filed a revision before respondent No. 1 State with 62 days delay. Respondent No. l while condoning the delay rejected the stay petition, vide order dated 10. 09. 2020. All through. the petitioners are in possession.
Il the Ejectment Order is irrplemented. the proceedings will becorre infl'uctuous. In vierv of the same. respondent No. l State ought to have considered the case and granted stay ofeviction. Though the learned Government Pleader assefis that the petitioners ale pressurizing the State authorities to pass orders, dispossession likely to result in would cause injury to the petitioners. In view of i the same, the petitioners approaching this Courl cannot be found fault with. In those circumstances, this Writ Petition is disposed of with the direction to respondent No. l to take up the appeal and pass orders after hearing the patlies concerned within a period of fbur (4) months from the date of receipt of a copy of this order. Till flnal orders are passecl in the appeal, no ejection of the petitioners shall be rnade. Miscellaneous applications" if any pending. shall stand closed. There shall be no order as to costs. SD/. K. VENKAIAH t ASSISTANT RE R ,TRUE COPY' SECTI N OFFICER To, 1.
The Principal Secretary, State of Telangana, Tribal Welfare, Secretariat, Hyderabad CC to Sri P. Rama ?. 9ne Sharana Sharma, Advocate tOpUCl 3. Two ccs to sri chalakani venkat yadav, gp for s6ciat-w'ettare, High court for the State of Telangana at Hyderabad, " [OUT] 4. Two CD Copies. [/P W>- t HIGH COURT DATED:1511212020 HE S T4 ORDER o o 2 4 DEC 20m j WP. No. 16833 of 2020 * * t DISPOSING OF THE WRIT PETITION WITHOUT COSTS t-t r/ 6dPi'-l *\t-- )r
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