Telangana High Court
Bhavana Subba Rao vs The State Of Telangana on 24 July, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.28846 of 2024
ORDER:
Heard Sri Ramesh Chilla, learned counsel appearing for the petitioner; learned Government Pleader for Social Welfare appearing for respondent No.1 and Sri Mannem Mallaiah, learned counsel appearing for unofficial respondents.
2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"....to issue an appropriate Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the order dated 25.09.2024 of 3rd respondent made in Case Nos.TWA1/44/2015 and TWA1/34/2023 only served on 15.10.2024 through a registered post purported to have been passed under the provisions of APSALTR Act 1959 r/w Amend regulation 1 of 1970 for restoration of land to an extent of Ac.1.07 gts situated in Sy.No.346 situated at Mandamarri Village and Mandal, Mancherial District contrary to the provisions of the APLR (Ceiling on Agricultural Holdings) Act, 1973 as wholly illegal, arbitrary, unjust, untenable, unconstitutional and violative of Articles 21 and 300A of Constitution of India and it is contemptous and against the principles of Natural justice as no notice served as per the orders of the Honorable Court in WP No.418 of 2016 dated 04.09.2024 without jurisdiction with a view to demolish the house cattle shed water tank hotel and/or dispossess the petitioner from the aforementioned property consequently to direct the 4th respondent refraining to proceed with further in all respects in pursuance of the order dated 15.10.2024 to prefer appeal against the order lies to the Additional Agent to the Government and Project Officer, ITDA, Utnoor under section 3 (3) (a) (ii) and rule 3 within two months..."
3. Brief facts of the case are that the petitioner purchased agricultural land admeasuring Ac.1.07 guntas in Sy.No.346 situated at Mandamarri Village and Mandal, under Sadabainama 2 dated 03.07.1965, from one Penta Raghavulu S/o. Penta Mangamma, and since then, he has been in continuous possession. It is further stated that the total extent of land in Sy.No.346 is Ac.11-32 guntas. It is also stated that the declarant, K.V. Kishan Rao, filed a declaration under the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short "Ceiling Act") including the entire land in Sy.No.346 admeasuring Ac.11-32 guntas. The Land Reforms Tribunal, Nirmal, vide order dated 04.02.1977 passed in C.C.No.1383/1975, declared the entire extent of Ac.11-32 gts in Sy.No.346 as ceiling surplus land and the Revenue Department took possession of the land and paid compensation to K.V. Kishan Rao. It is further stated that claiming that the petitioner is illegally occupying an extent of Ac.4-00 gts in Sy.No.346, the unofficial respondents approached respondent No.3, and respondent No.3 in Case No.TWA1/44/2015 and TWA1/34/2023, dated 25.09.2024 in exercise of the power conferred under Section 3(2) of APSALTR 1959 read with Amended Regulation I of 1970 has ordered for ejectment of the petitioner from the suit land in Sy.No.346 to an extent of Ac.1.07 guntas, and also to restore possession of suit land to the LRs of original assignee late Sedam Bheemaiah, with immediate effect, and if any party is aggrieved they are at liberty to prefer an appeal against the order before the Additional Agent to the Government and Project Officer, 3 ITDA, Utnoor under Section 3(3)(a)(ii) and rule 3. It is the case of the petitioner that as per the said order of respondent No.3, notices sent on the petitioner on 23.01.2016, 20.05.2023, 30.03.2024, 20.06.2024, 02.07.2024 is incorrect as stay was in effect by virtue of the interim orders passed in W.P.No.418 of 2016 dated 05.01.2016.
4. A counter affidavit has been filed by respondent No.1 stating that Additional Agent to Government & Project Officer, ITDA, Utnoor under the Regulation has communicated a list of land acquisition for National highway at Mandamarri Agency village. On verification it is revealed that the dispute/transaction on same subject suit survey number within same parties i.e. dispute on 910.53 Sq. Meters of land in Sy.No.346 situated at Mandamarri village, which is pending since 2015 in Case No.TWA1/44/2015, and renumbered as TWA1/34/2023, and issued notices to the both parties duly following the principles of natural justice and due procedure by providing an opportunity of personal hearing to the concerned both petitioner and respondents to defend the proposed action and the writ petitioner appeared along with his council of Advocates and filed an reply affidavit on 25.09.2024. Further after perusal of the record and explanation dated 31.10.2015 submitted by the writ petitioner to the show cause notice dated 12.03.2015, respondent 4 No.3 rightly passed the orders on 25.09.2024, and the writ petitioner has intentionally filed this writ petition to grab the land of tribal respondents Nos.5 & 6, and in fact an alternative remedy of appeal provision under Section 3(3)(a)(ii) of APSALTR Act, 1959 is available to the petitioner and without availing the same, the petitioner directly approached this Court.
5. In view of the above, this writ petition is disposed of relegating the petitioner to file an appeal before the appellate authority under Section 3(3)(a)(ii) of APSALTR Act, 1959, along with I.A seeking suspension of order dated 25.09.2024, within a period of two months from the date of receipt of a copy of this order. Till the disposal of the IA to be filed by the petitioner, the parties are directed to maintain status quo in all respects existing as on today, and the appellate authority shall decide the appeal on merits by providing an opportunity of hearing to the petitioner and all other interested/affected parties. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
___________________________________ JUSTICE NAGESH BHEEMAPAKA Date: 24.07.2025 sus