Telangana High Court
Manga Somaraju vs The Special Deputy Collector Tribal ... on 10 September, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.15843 OF 2010
ORDER:
Heard Sri Kiran Reddy Mallarapu, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Social Welfare appearing on behalf of respondent Nos. 1 & 2 and Sri R.Sudhakara Naidu, learned counsel appearing on behalf of respondent Nos. 3 to 6.
2. The petitioners approached the Court seeking prayer as under:
"....issue an appropriate writ order or direction particularly one in the nature of Mandamus declaring the action of the respondents 1 and 2 herein in trying to evict the petitioners from their land admeasuring Ac. 1.35 gts situate in S. No 385/37, land admeasuring Ac. 4.87 situate in S. No 385/42 land admeasuring Ac. 4.38 gts situate in S. No 385/38 and land admeasuring Ac. 4.20 gts situate in S.No 385/31 totaling to Ac. 15.20 gts situate at Naravarigudem villge Aswaraopet Mandal Khammam District in pursuance of the orders dt 28. 9. 2007 in Case No. 306/2007/ASPT of the 1st respondent herein as illegal arbitrary unresaonable without 2 SN, J WP_15843_2010 jurisdiction contrary to the provisions of A P Scheduled Area Land Transfer Regulation and also violative of Articles 14, 19, 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents herein not to evict the petitioners from the above said land and pass...."
3. The case of the petitioners as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-
a) It is the case of the petitioners that, the petitioners are the owners and possessors of land admeasuring Ac. 15.20 gts., situated at Naravarigudem village, Aswaraopet Mandal, Khammam district. In respect of the said land, proceedings were taken under A.P.Scheduled Area Land Transfer Regulation, by 6th respondent herein in LTR Case No. 1178/97/APT and the said proceedings were dropped in favour of the petitioners by the then Spl.Dy. Collector (Tribal Welfare) Paloncha vide order dated 27.10.1997.
b) While things stood thus, the 6th respondent herein and Munugonda Venkamma, i.e the mother of the 3rd respondent 3 SN, J WP_15843_2010 had again filed LTR Case No. 13/1998/APT against petitioner Nos. 1 and 2 to evict from abovementioned subject land and the said proceedings were again dropped in favour of the petitioners vide order dated 24.02.2004 by the then Spl.Dy Collector (TW) Bhadrachalam.
c) Subsequently, the mother of respondent Nos. 3 and 4 herein and wife of 5th respondent herein filed CaseNo.306/2007/ ASPT on the file of the 1st respondent herein against the 1st petitioner for evicting the petitioners from S.No.385/1 admeasuring 10 acres of land of Naravarigudem village, Aswarapet Mandal, Khammam district and the 1st respondent vide order dated 28.09.2007 ordered the said eviction. Therefore, basing on the orders dated 28.09.2007, the respondents herein are forcing the petitioners to vacate from their lands and their subject premises.
d) Aggrieved by the order dated 28.09.2007, the petitioners had appeared before the 1st respondent stating that the said land belongs to the petitioners herein, but the 1st respondent had failed to consider the same. Moreover, the 4 SN, J WP_15843_2010 orders dated 28.09.2007 does not relate to the petitioners' land. However, the action of the respondents herein in trying to evict the petitioners from their land is illegal, arbitrary and is contrary to the provisions of the A.P Scheduled Area Land Transfer Regulation and violative of articles 14, 19, 21, and 300A of the Constitution of India. Hence, the present Writ Petition is filed.
4. The counter affidavit has been filed on behalf of official respondent No.2 and para Nos. 4, 5, 10, 11 and 12 are extracted hereunder:-
4. In reply to Para No.2 & 3 of the petitioners' affidavit, it is respectfully submitted that, it is incorrect to state that the respondents 1 and 2 herein are trying to evict them from the land to an extent of Ac.1.35 gts in Sy.No. 385/37, Ac.4.07 in Sy.No.385/42, Ac.4.38 gts in Sy.No.385/38 and Ac.4.20 gts in Sy.No.385/39, total admeasuring an extent of Ac.15.20 gts, situated at Naramvarigudem Revenue Village, Aswaraopeta Mandal, Bhadradri Kothagudem District.
5. It is humbly submitted that, as per Revenue Records, Sy.No.385/1 of Naramvarigudem Revenue Village is Government land and it is Gut number covering total extent of Ac.427.16 gts, and part of extent of land was 5 SN, J WP_15843_2010 assigned to landless poor and also many encroachments were found in the said survey number by tribals & non-
tribals. The Sy.No.385 of Naramvarigudem Village is un- phodi survey number and assignments made without sub-divisions.
10. In response to the orders of the Special Deputy Collector, (Tribal Welfare), Bhadrachalam in LTR case 306/2007/ASPT dated 28.09.2007, the writ petitioners Sri Manga Somaraju S/o Seethaiah & his family members have approached the Hon'ble High Court and filed present Wirit Petition WP.No.15843/2010. In which the Hon'ble High Court, Hyderabad passed the following orders as shown below: "There shall be a direction to the respondents not to interfere with the possession of the petitioners in respect of the land in question without following due process of law."
11. Further, it is submitted that, the Petitioners and unofficial respondents both are claiming the possession of same Government land without having title over the land. The petitioners cultivating the subject lands since 25 years and respondents are never cultivating the said lands at any point of time.
12. As per directions of the Hon'ble High Court of Telangana in WP No.15843/2010 dated 02.03.2013, the respondent authorities never 6 SN, J WP_15843_2010 interfered with the possession of the scheduled land. The petitioners intentionally approached the Hon'ble High Court and filed Writ Petition against official respondents herein without any interference and genuinity against law.
5. The additional counter affidavit has been filed on behalf of unofficial respondent Nos. 3 to 6 and para Nos. 2 and 3 are extracted hereunder:-
2. I respectfully submit that this writ petition is not maintainable for the reason that the Petitioners deliberately mislead this Hon'ble Court by stating the impugned order wrongly. The impugned order under challenge in this Writ Petition is not the order passed by Respondent No.1 The Special Deputy Collector (Tribal Welfare), Bhadrachalam, Khammam District in case No. 306/2007/ASPT., dt. 28.09.2007.
The order of Respondent No.1 The Special Deputy Collector (Tribal Welfare) Bhadrachalam, Khammam District in Case No. 306/2007/ASPT, dt. 28.09.2007, the operative portion is as follows:
"In exercise of the powers conferred on me by the sub-section 2 (a) of the Section 3 of the Regulation 1 of 1959, I do hereby order ejectment of the Respondent or 7 SN, J WP_15843_2010 whomever is in possession of the immovable property described in the schedule given below and direct that the immovable property in question restored to the petitioner or her legal heirs under cover of Panchnama."
SCHEDULE District: Khammam Mandal:Aswaraopet Village Survey Area in Classification Number acres Naravarigudem 385/1 10.00 Dry
3. I submit that the petitioners in the Writ Petition stated the order wrongly as follows:
The petitioners herein pray that this Hon'ble Court may be pleased to issue an appropriate Writ, order or direction, particularly one in the nature of Mandamous declaring the action of the respondent No.1 & 2 herein in trying to evict the petitioners from their land admeasuring Ac. 1.35 guntas situated in Sy. No. 385/37, land admeasuring Ac. 4.87 Gts., situated in Sy. No. 385/42, land admeasuring Ac. 4.38 Gts., situated in Sy. No. 385/38, and land admeasuring Ac. 4.20 Gts., situated in Sy. No. 385/39, aggregating to Ac. 15.20 Gts., situated at Naravarigudem village, Aswaraopet 8 SN, J WP_15843_2010
6. Para No.17 of the counter affidavit filed by unofficial respondent Nos. 3 to 6 is extracted hereunder:-
17. I submit the petitioners having claimed that they are in possession and enjoyment of land admeasuring Ac.15.20 gts in Sy.No.385/37, Sy.No.385/42, S.No.385/38 and Sy.No.385/31 under the guise of said land encroached and taken possession by forcefully, illegally of land admeasuring Ac.15.20 gts in Sy.No.385/1 belonging to respondent Nos. 3 to 6.
PERUSED THE RECORD:
7. It is specifically averred by the petitioners at para Nos. 4 and 5 of the affidavit filed by the petitioners in support of the present Writ Petition as under:-
4. I submit that again Manugonda Venkamma i.e. mother of respondents 3 and 4 herein and wife of 5th respondent herein filed Case No.306/2007/ASPT on the file of the 1 respondent herein against the 1 petitioner herein, my father, for evicting us from S.No.385/1 admeasuring 10 acres of land of Naravarigudem village, Aswaraopet Mandi, Khammam district. I submit that it appears that the said eviction was ordered by order dt. 28.9.2007 in the above said case. I am filing a copy of the said order in the material papers marked as Ex P3 9 SN, J WP_15843_2010 and the same may be read as part of this affidavit. I submit that the said order is not communicated to us. As stated already we are not concerned with land in S.No.385/1 and we are concerned with land in S.No.385/37, 385/38, 385/39 and 385/42 and we are in possession and enjoyment of our said land. Now we raised banana plantation and kakara plantation in the said land. We have been paying land revenue to the said land up to date. I am filing copies of the cist receipts in the material papers marked as Exs.P4, P5 and P6 and the same may be read as part of this affidavit. I also submit that our names are entered in the revenue records in respect of the said land.
5. I submit that on the basis of the said order of the 1st respondent in Case No.306/2007/ASPT dt. 28.9.2007, the respondents are trying to evict the petitioners' from the above said land. I submit that even though we appeared before the 1st respondent in the above case and showed earlier orders, the 1st respondent herein passed the present impugned order and on the basis of the said order, he is asking us to vacate our above said land. The above said order of the 1st respondent herein does not relate to our land. Our land is different from the land covered by the said order of the 1st respondent herein. As stated already, Banana and Kakara plantations are raised 10 SN, J WP_15843_2010 in the said land and as on to day we are in possession and enjoyment of the said land.
8. The counter affidavit filed on behalf of official respondent No.2 very clearly indicates at para No.11 that the petitioners are cultivating the subject lands since 25 years and the unofficial respondents are never cultivating the said lands at any point of time and further at para No.4 of the counter affidavit, it is specifically stated by the respondent No.2 that it is incorrect to state that the respondent Nos. 1 and 2 are trying to evict the petitioners from petitioners' land admeasuring Ac. 1.35 guntas in Sy.No. 385/37, land admeasuring Ac.4.87 guntas in Sy.No. 385/42, land admeasuring Ac.4.38 guntas in Sy.No. 385/38, and land admeasuring Ac.4.20 guntas in Sy.No.385/31, total admeasuring Ac.15.20 guntas., situated at Naravarigudem Village, Aswaraopet Mandal, Bhadradri- Kothagudem District and further at para No.12,it is further stated that as per the directions of the High Court, dated 02.03.2013, the respondent Authorities 11 SN, J WP_15843_2010 never interfered with the possession of the subject schedule land.
9. A bare perusal of the record indicates that the order, dated 28.09.2007 passed by the Court of the Special Deputy Collector (TW) Bhadrachalam in Case No.306/2007/ASPT pertains to area 10-00 of dry land situated in Sy.No. 385/1 pertaining to Naramvarigudem Village and the grievance of the petitioners in the present Writ Petition pertains to petitioners' land admeasuring Ac. 1.35 guntas in Sy.No. 385/37, land admeasuring Ac.4.87 guntas in Sy.No. 385/42, land admeasuring Ac.4.38 guntas in Sy.No. 385/38, and land admeasuring Ac.4.20 guntas in Sy.No.385/31, total admeasuring Ac.15.20 guntas., situated at Naravarigudem Village, Aswaraopet Mandal, Bhadradri- Kothagudem District.
10. The learned counsel appearing on behalf of the respondents submits that the present Writ Petition could be disposed of directing the respondents to follow due process of law.
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SN, J WP_15843_2010 DISCUSSION AND CONCLUSION:
11. Taking into consideration the averments made in the counter affidavit filed on behalf of the respondents that the petitioners are cultivating the subject lands since 25 years and further that the respondent Authorities never interfered with the possession of the petitioners over the petitioners' subject lands, and bringing the said averments made at para Nos.11 and 12 of the counter affidavit filed on behalf of the official respondent No.2 on record and duly considering the orders, dated 02.03.2013 passed in W.P.No. 15843 of 2010, the Writ Petition is disposed of directing the respondents not to evict the petitioners from petitioners' land admeasuring Ac. 1.35 guntas situated in Sy.No. 385/37, land admeasuring Ac.4.87 guntas situated in Sy.No. 385/42, land admeasuring Ac.4.38 guntas situated in Sy.No. 385/38, and land admeasuring Ac.4.20 guntas situated in Sy.No.385/31, totaling to Ac.15.20 guntas., situated at Naravarigudem 13 SN, J WP_15843_2010 Village, Aswaraopet Mandal, Bhadradri-Kothagudem District, without following due process of law.
12. The Writ Petition is disposed of. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 10.09.2024 ktm