Telangana High Court
Surinam Savithri vs The State Of Telangana on 6 September, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.21003 of 2021
Date:06.09.2021
Between:
Sunnam Savithri, S/o. Suryam,
Aged 56 years, H.No.24-3-52,
Gudipadu, Paloncha Village,
Paloncha Mandal, Bhadradri
Kothagudem District .. Petitioner
And
The State of Telangana, rep., by its
Principal Secretary, Revenue Department at
Secretariat, Hyderabad and others .. Respondents
The Court made the following:
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THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.21003 of 2021
ORDER:
The prayer sought in the writ petition reads as under:
"... to issue a Writ of Mandamus or any other appropriate Writ or Writs Order Direction declaring the action of Respondent No.2 in not disposing of the LTR Case filed by the Petitioner on 03.05.2021 is illegal, arbitrary, against the provisions of T.S. Scheduled Areas (Land Transfer) Regulation 1 of 1959 and also under the amended provisions of T.S. Scheduled Areas (Land Transfer) Regulation of 1970 read with Agency Rules apart from violative of Art. 14 and 300A of the Constitution of India and consequently Direct the Respondent No.2 forthwith dispose of the LTR Case filed by the Petitioner on 03.05.2021 in Accordance with law and to pass such other order or orders as this Hon'ble Court may deem fit, just and proper in the circumstances of the case."
2. Heard Sri K. Devender, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondents 1 and 3 and learned Assistant Government Pleader for Social Welfare for respondent No.2.
3. According to petitioner, land to an extent of Acs.3.30 guntas in Survey No.1/10 of Lakshmidevipalli Village, Paloncha Mandal, Bhadradri Kothagudem District, was assigned to the father of the petitioner in the year 1958-59 with patta No.9386. Father of the petitioner died in the year 1986. Subsequently, petitioner succeeded to the said land and has been in continuous possession and enjoyment of the same. That being so, petitioner alleges that Sri L. Venkateshwar Rao, respondent No.4, has illegally occupied the above extent of land and not allowing the petitioner to enter into the said land and cultivate the same. Therefore, petitioner filed LTR Case before the Assistant Agent to the Government/Special Deputy Collector (Tribal Welfare), Bhadrachalam, praying to initiate appropriate action under -3- Telangana State Scheduled Areas Land Transfer Regulation, 1959 and Telangana State Scheduled Areas Land Transfer Regulation, 1970 and to pass ejectment orders against respondent No.4 on the above extent of land. Alleging delay in consideration of the said case, this writ petition is filed.
4. Copy of LTR Case is filed from page Nos.9 to 13 as Ex.P1. Ex.P2 at page No.14 discloses that the Special Deputy Collector addressing letter to the Tahsildar, Paloncha, dated 22.06.2021, calling for information on the complaint of the petitioner.
5. Learned Assistant Government Pleader for Social Welfare, on instructions, does not dispute the factum of filing of the LTR Case by the petitioner.
6. In view of the same, the writ petition is disposed of directing the Special Deputy Collector (Tribal Welfare), Bhadrachalam, respondent No.2, to consider the LTR Case filed by the petitioner in accordance with law by serving a notice on respondent No.4 herein, who is respondent in the said case, after affording due opportunity to both parties and pass appropriate orders as warranted by law. The entire exercise shall be completed as expeditiously as possible preferably within a period of three months from the date of receipt of copy of this order. Pending miscellaneous petitions, if any, shall stand closed.
___________________ P.NAVEEN RAO, J Date:06.09.2021 KH -4- THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21003 of 2021 Date:06.09.2021 KH