Telangana High Court
Kuncham Veeraswamy vs The State Of Telangana on 9 November, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.26010 of 2022
ORDER:
This Writ Petition is filed seeking a writ of mandamus declaring the action of respondent No.2 in not disposing of the LTR case filed by the petitioner as arbitrary, illegal and consequently to direct the respondent No.2 to dispose of the LTR case forthwith in accordance with law.
2. Learned counsel for the petitioner submits that the village of Sarapaka of Paloncha Taluq of Warangal District (now Bhadradri- Kothagudem District) is a Scheduled Area within the meaning of the Presidential Order, 1950 and therefore, there is a prohibition of transfer of land between non-tribals in the Schedule Areas. It is submitted that the 4th respondent who is a company has allegedly purchased the land and the petitioner has accordingly brought it to the notice of the 2nd respondent by way of representation dated 25.11.2021. It is further submitted that the 3rd respondent was directed to submit a detailed enquiry report on the said representation of the petitioner by letter dated 03.06.2022. The 2 grievance of the petitioner is that no action has been taken thereon till date.
3. Learned counsel for the petitioner has also placed reliance upon the decision of this Court in W.P.No.21003 of 2021 dated 06.09.2021 wherein on similar circumstances, this Court has directed the respondent therein to complete the enquiry and take a decision thereon expeditiously, preferably within a period of three (03) weeks from the date of receipt of a copy of the order. The learned counsel for the petitioner seeks similar direction.
4. Learned counsel representing respondent No.4 appeared and sought time to file counter.
5. Learned Government Pleader for Social Welfare had no instructions in the matter.
6. Having regard to the above submissions and also that the 2nd respondent has initiated the action by directing the 3rd respondent to enquire into the matter and submit the report, this Court deems it fit and proper to direct the respondent No.2 to complete the process of enquiry after giving due notices to the respondent No.4 3 and take a decision thereon within a period of six (06) months from the date of receipt of a copy of this order.
7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 09.11.2022 Note: Furnish C.C. in week.
PRN /TU 4 92 THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI WRIT PETITION No.26010 of 2022 Date: 09.11.2022 Note: Furnish C.C. in week.
PRN /TU