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2025 Supreme(Telangana) 226
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J SREENIVAS RAO, J.
Edupuganti Sathyanarayana Murthy - Appellant
Versus
The State of Telangana - Respondent
Writ Petition No.15167 Of 2025
Decided On : 21-05-2025
Advocate Appeared:
For the Appellant : MUMMANENI SRINIVASA RAO
For the Respondent: GP FOR SOCIAL WELFARE
Due process must be followed in eviction matters, ensuring timely resolution of appeals to prevent irreparable harm to property owners.
Headnote:(A) Constitution of India - Articles 14, 19, 21, and 300A - Writ of Mandamus - Petitioners sought to prevent dispossession from agricultural land without due process - Court directed the authority to decide the pending stay application and appeal within eight weeks, ensuring protection of possession until then. (Paras 1, 8)
(B) Land Transfer Rules - Applicability of Telangana Scheduled Areas Land Transfer Rules, 1969 - Court emphasized the need for due process in eviction proceedings and the importance of timely resolution of appeals. (Paras 7, 8)
Facts of the case:
Petitioners claimed ownership of agricultural land and a house, asserting peaceful possession since purchase. They challenged an eviction order passed by the Special Deputy Collector, which was contested through a statutory appeal.
Findings of Court:
The court ordered the authority to decide the pending appeal and stay application within eight weeks, protecting the petitioners' possession in the interim.
Issues: The main issues included the legality of the eviction order and the need for timely resolution of the appeal.
Ratio Decidendi: The court ruled that due process must be followed in eviction matters, emphasizing the need for a decision on the pending appeal to prevent irreparable harm to the petitioners.
Result: Writ petition disposed of with directions.
ORDER :
1. This writ petition has been filed seeking the following relief:
“to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their agriculture land property situated in Sy.No.131 to an extent of Ac.1.00 gts along with house bearing H.No.1-1-77 of Manuguru Village and Mandal, Bhadradri Kothagudem District without passing orders by the 2nd respondent either in the main Appeal or in stay petition filed by the petitioners on 07/05/2025 against the orders passed by the 3rd respondent/Special Deputy Collector in LTR Case No.10/2023/MGR, dtd.28/12/2024 which is served on the counsel for petitioners on 22/04/2025 in connection with the petitioner s agricultural land situated in Sy.No.131 to an extent of Ac.1.00 of Manuguru Village and Mandal, Bhadradri Kothagudem District is illegal and void and opposed to Articles 14, 19, 21 and 300A of Constitution of India and consequently to direct the respondent/authorities not dispossess the petitioners from their land situated in Sy.No.131 to an extent of Ac.1.00 of Manuguru Village and Mandal, Bhadradri Kothagudem District till disposal of the main appeal filed by the petitioners before the 2nd respondent on 07/05/2025 against the orders of the 3rd respondent dtd.28/12/2024 served on the petitioners counsel on 22/04/2025.”
2. Heard Mr.M.Srinivasa Rao, learned counsel for the petitioners, learned Government Pleader for Tribal Welfare Department appearing for respondent Nos.1 to 3 and learned Government Pleader for Revenue appearing for respondent No.4.
3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.
4. Learned counsel for the petitioners submitted that the petitioners are seeking disposal of the stay application or appeal pending before respondent No.2 and till such time, to protect their possession. In view of the same, notice in respect of respondent Nos.5 and 6 is dispensed with.
5.1. Facts giving rise to filing of this writ petition briefly stated are that the petitioners claim to be the owners and possessors of agricultural land admeasuring Ac.1-00 in Sy.No.131, along with a house bearing Door No.1-1-77 situated in Sy.No.131 over an extent of Ac.0-20 cents. They stated that the said property was purchased from the original owner through a sada sale deed dated 07.05.1997. Additionally, the petitioners also purchased Ac.0-20 cents in Sy.No.129 and Ac.1-04 guntas in Sy.No.130 under a registered sale deed dated 29.12.1991 by paying valuable sale consideration. Since then, the petitioners have been in peaceful possession and enjoyment of the aforesaid properties.
5.2. It is further averred that the vendors of the petitioners had acquired the above mentioned lands through a registered sale deed dated 27.06.1985. The petitioners also stated that they constructed a house in a portion of the land measuring Ac.0-25 cents in Sy.No.131, and the Gram Panchayat has allotted Door No.1-1-77 in their favour.
5.3. It is further averred that respondent Nos.5 and 6 claimed to be the legal heirs of one Bandaru Mandaiah @ Mangaiah. The brother of Bandaru Mandaiah @ Mangaiah i.e., Bandaru Narasimha, submitted application to the Special Deputy Collector/respondent No.3 and basing on the same, respondent No.3 initiated the proceedings vide LTR Case No.10/2023/MGR and passed eviction order on 28.12.2024 exercising the powers conferred under the provisions of the Telangana Schedule Areas Land Transfer Rules, 1969 read with sub-section 2(a) of Section (3) of Regulation 1959 and ordered the ejectment of petitioner from the subject land to an extent of Ac.1-00 in Sy.No.131 of Manuguru Village and Mandal and directed respondent No.4 to resume the above said property to Government custody. Aggrieved by the above said order, the petitioner filed statutory appeal before respondent No.2 on 07.05.2025. Along with the said appeal, the p
