Telangana High Court
Gade Venkata Narsamma vs The State Of Telangana on 18 November, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.25942 of 2024
ORDER:
Heard Sri P. Rama Sharan Sharma, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 to 3, learned Government Pleader for Revenue, appearing on behalf of respondent No.4 and learned counsel appearing on behalf of respondent No.5.
2. The petitioner approached the Court seeking prayer as under:
"...to pass an order or direction or Writ in the nature of Mandamus duly declaring the action of the 2nd respondent in not considering the appeal and the stay application dated 09.09.2024 as against the orders in LTR Case No.14/2024/JLPD on the file of The Special Deputy Collector, Tribal Welfare, Bhadrachalam, Bhadradri-Kothagudem District dated 03.09.2024 as illegal, arbitrary and against the principles of natural justice and consequently, set aside the said proceedings in the interest of justice and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."2
3. The brief facts of the case are that the petitioner is the genuine pattadar for the agriculture land to an extent of Acs.3.09 Guntas in Sy.No.164/1 vide pattadar Pass book No.T27130030719, Khatha No.60377. The father of the petitioner sold the subject property to her mother through a Sada sale deed for a sale consideration and the said possession has been handed over to her. The un-official respondent herein filed a case before Telangana State Human Rights Commission (HRC) vide case No.4778 of 2022 and the same is pending. The private respondent also sought for police protection to the property before HRC and he has filed a writ petition vide W.P.No.18015 of 2023. Thereafter, the petitioner filed a suit against the un-official respondent for injunction vide O.S.No.209 of 2023 on the file of Sub Divisional Magistrate at Special Agent to Government, Mobile Court at Bhadrachalam and the said Court was granted interim order in I.A.No.195 of 2023 vide dated 30.08.2023. Later, respondent No.3 filed the CRP.No.393 of 2024 and the same is pending before this Court. The petitioner filed LTR statutory appeal dated 09.09.2024 before respondent No.2 seeking stay of execution of ejectment orders and the same 3 was received and acknowledged, however, the said appeal was not numbered till date. Hence, the present writ petition.
4. This Court vide its order dated 20.09.2024 passed interim orders in favour of the petitioner is extracted hereunder:
"Heard Sri P. Rama Sharana Sharma,
learned counsel appearing on behalf of the
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.
Notice before admission.
Learned counsel appearing on behalf of the petitioner is permitted to take out personal notice to the unofficial respondent No.5 and file proof of service of notice into Registry.
Status Quo to be maintained in respect of the land to an extent of Ac.3.09 guntas in Sy.No.164/1, situated at Padamatinarasapuram Village, Julurpadu Mandal, Bhadradri Kothagudem District till 01.10.2024.
List on 01.10.2024 in "Motion List".
5. Learned counsel appearing on behalf of petitioner submits that the writ petition could be disposed of directing 4 respondent No.2 to consider the appeal or the stay application dated 09.09.2024 preferred by the petitioner against the order in LTR No.14/2024/JLPD on the file of the Special Deputy Collector, Tribal Welfare, Bhadrachalam, Bhadradri- Kothagudem District dated 03.09.2024 within a reasonable period.
6. Learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 to 3 has not disputed the said submission made by the learned counsel appearing on behalf of the petitioner.
7. Taking into consideration the submissions made by the learned counsel appearing on behalf of the petitioner and learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 to 3, the writ petition is disposed of directing respondent No.2 to consider the appeal or the stay application dated 09.09.2024 preferred by the petitioner before respondent No.4 against the order dated 03.09.2024 in LTR No.14/2024/JLPD on the file of the Special Deputy Collector, Tribal Welfare, Bhadrachalam, Bhadradri- 5 Kothagudem District, 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 notice to all concerned including respondent No.5 herein, and till appropriate orders are passed by respondent No.2 in the appeal or the stay application of the petitioner as per the directions as indicated above, within the time period as stipulated as above, the interim orders granted by this Court (referred to and extracted above) on 20.09.2024 shall remain in force. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA Date: 18.11.2024 Dsu