IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.37309 of 2025

Dated: 05.12.2025

Between:

Payam Venkaiah … Petitioner

And

The State of Telangana,

Represented by its Principal Secretary and seven others

… Respondents

ORDER

This Writ Petition is filed under Article 226 of Constitution

of India seeking the following relief/s:-

“… to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in dismissing the ROR Revision Petition No.21/2016 dt.29-9-2016 upholding the orders passed by the 3^rd respondent in ROR Appeal No. C/2566/2014 dt.6-1-2016 as being illegal, arbitrary, unilateral and unconstitutional and consequently set aside the same by directing the 2^nd respondent herein to re-examine the validity of the transfer of the patta land in Sy.No.455/27 admeasuring Ac.7.08 gts., situated at Laxmipuram village, Burgampahad Mandal, Khammam District now Bhadradri Kothagudem District, and to grant such other relief or

reliefs…”

2. Heard Mr.Karunakar Reddy, learned counsel for the petitioner and Mr.K.Mahesh, learned Assistant Government Pleader for Revenue representing learned Government Pleader

for Revenue appearing for respondent Nos.1 to 3. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner has submitted a representation before the Chairman, SC & ST Commission, Hyderabad and to the Project Officer, ITDA, Bhadrachalam stating that he belongs to Scheduled Tribe Community and that his fore fathers dealt with the cultivation of the land admeasuring Acs.17.00 gts in Sy.Nos.455/27 and 440 at Lakshmipuram Village H/o.Burgampahad and requested to restore the land to him; that the Sub-Collector, Paloncha vide order dated 06.01.2016 in ROR Appeal No.C/2566/2015 held as follows:-

“

In the result, this appeal is hereby disposed of directing the 6th respondent i.e., the Tahsildar, Burgampahad to initiate appropriate proceedings under the A.P. Assigned Lands (Prohibition of Transfer) Act- 1977 against the 1^st respondent and his wife Smt. Pothureddy Adilaxmamma or any other person found in possession as on date, in respect of an extent of Acs.2-32 Gts in Sy.No.440 and likewise to initiate appropriate proceedings under Land Encroachment Act-1905 against the 1^st respondent and his wife Smt. Pothureddy Adi Laxmamma in respect of the balance excess extent of Acs.3-20 Gts in Sy.No.440 after demarcating the said parts through Mandal Surveyor, Burgampahad and to evict them from possession of the said extents and to take the said extents into Government possession according to Law. Further it is hereby ordered that, since the family members of the appellant herein willfully have sold the assigned land in contravention of the stipulations restricting the transfer of the land, the appellant is not entitled for any relief as prayed by him and so far as the patta land of Acs.7.08 gts in concerned the appellant is at liberty to proceed with by initiating appropriate civil proceedings against the persons in possession of the said part of land”.

Against which, the petitioner preferred a Revision vide ROR Revision Petition No.21/2016. Vide order dated 29.09.2016 respondent No.2 dismissed the Revision with the following observations:-

“With regard to the government land in Sy.No.440 the Tahsildar, Burgampad was already instructed by Sub-Collector, paloncha to initiate action under appropriate law and take necessary action as per rules in force. The same is upheld by this court and the Tahsildar is ordered to initiate action as per law in the case of government land in Sy.No.440 and evict the unauthorized encroachers.

In view of the above, there is no need to interfere with the orders of Lower Court i.e. Sub-Collector, Paloncha, accordingly the Revision Petition is dismissed with the above directions”.

Therefore, he contends that the impugned order is not sustainable in the eye of law as both the aut