Telangana High Court
Bhukya Ramesh vs The State Of Telangana on 3 January, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.29 of 2025
ORDER:
Heard Sri Paidipalli Chaithanya, learned counsel appearing on behalf of petitioner, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos. 1 to 3 and learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.4.
2. The petitioner approached the Court seeking prayer as under:
"...to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.4 i,e. Tahsildar, Palvancha Mandal, who is attempting to dispossess the petitioner based on the orders passed by the 3rd respondent in LTR Case No.23/2021/PVC dated 25- 10-2024 despite an appeal CMA No.73 of 2024 pending before the respondent No.2 as illegal and arbitrary, in violation of Articles 21-1, 300-A of Constitution of India and also in violation of principals of natural justice. Consequently direct the Respondent No.4 not to interfere with the peaceful possession and enjoyment of the petitioner's agriculture land in Sy. No.126/165, Ac. 11.20 gts 2 SN, J WP_29_2025 situated at Pandurangapuram Village, Palvancha Mandal, Bhadradri Kothagudem District and also set aside the order passed by the respondent No.3 i.e. Special Deputy Collector (TW) Bhadrachalam Dated 25-10-2024 in L.T. R. Case No.23/2021/PVC and pass...".
3. The case of the petitioner in brief is that petitioner is the absolute owner of the agricultural land to an extent of Ac.10.00 guntas situated in Sy.No. 126/165, Ac.5.00 guntas in Sy.No. 126/169, Ac.5.00 guntas in Sy.No. 126/170, Ac.5.00 guntas in Sy.No.126/168 total an extent of Ac.25.00 guntas situated at Pandurangapuram Village, Palvancha Mandal, Bhadradri Kothagudem District. Since the date of purchase of subject property from the original pattedar through sada sale deed dated 31.01.2016 for valid consideration, the petitioner had been in peaceful possession and enjoyment of the subject property. However, the unofficial respondent Nos.5 to 7 herein illegally encroached the subject land forcibly and the 3rd respondent passed orders on 25.10.2024 directing the 4th respondent for ejectment of the respondent Nos.5 to 7 herein or whomsoever in the possession of immovable property. Aggrieved by the said order dated 25.10.2024 passed in LTR 3 SN, J WP_29_2025 Case No. 23/2021/PVC of the 3rd respondent herein, the petitioner gave a complaint before the 3rd respondent and the 3rd respondent issued Form-E notices in LTR Case No. 23/2021/PVC and passed orders on 25.10.2024. The petitioner preferred CMA No. 73 of 2024 on the file of 2nd respondent along with stay application, however, the 2nd respondent had not proceeded with hearing in CMA No. 73 of 2024 though more than 60 days had elapsed. Aggrieved by the action of the 2nd respondent in not taking action for disposal of CMA No. 73 of 2024 and under apprehension that the 4th respondent may implement the proceedings of the 3rd respondent dated 25.10.2024 passed in LTR Case No. 23/2021/PVC, the petitioner approached the Court by filing the present writ petition.
4. Learned Government Pleader for Social Welfare appearing on behalf of respondent Nos. 1 to 3 submits that the petitioner cannot pursue two parallel remedies and the 2nd respondent may be directed to dispose of the C.M.A. No. 73 of 2024 which is pending for adjudication before the 2nd respondent.
5. Taking into consideration 4 SN, J WP_29_2025
(a) The submissions made by the learned counsel appearing on behalf of the petitioner,
(b) The submissions made by the learned Government Pleader for Social Welfare appearing on behalf of respondent Nos.1 to 3
(c) The fact that petitioner had preferred C.M.A. No. 73 of 2024 on the file of 2nd respondent against the order dated 25.10.2024 passed in LTR Case No. 23/2021/PVC by the 3rd respondent, and the same is pending for adjudication and final disposal by the 2nd respondent.
The writ petition is disposed of directing the 2nd respondent to dispose of the C.M.A. No. 73 of 2024 on merits which is pending for adjudication, on the file of 2nd respondent, in accordance to law, in conformity with principles of natural justice, within a period of six (6) weeks from the date of receipt of a copy of this order by giving due notice and opportunity of personal hearing to all concerned. Till the above exercise is initiated and concluded by the 2nd respondent by passing appropriate orders as per the directions as indicated as above, within the time period as stipulated as above disposing of C.M.A. 5 SN, J WP_29_2025 No.73 of 2024 on merits preferred by the petitioner before the 2nd respondent aggrieved against the order dated 25.10.2024 passed in LTC Case No.23/2021/PVC passed by the 3rd respondent, Status quo is directed to be maintained in respect of the land to an extent of Ac.11.20 guntas in Sy.No. 126/165, situated at Pandurangapuram Village, Palvancha Mandal, Bhadradri Kothagudem District. However, there shall be no order as to costs.
The miscellaneous applications, if any, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 03.01.2025 Skj 6 SN, J WP_29_2025 7 SN, J WP_29_2025 42 HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.29 OF 2025 DATE: 03.01.2025 Skj