IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
Sangam Mallaiah – Appellant
Versus
The State of Telangana – Respondent
WP 20018/2024
THE HON’BLE SRI JUSTICE PULLA KARTHIK W.P.No.20018 of 2024
ORDER:
With the consent of both the parties, this writ petition is taken up for disposal at the stage of admission.
2. The writ petition is filed with the following prayer:
“To issue a writ, order or direction more particularly a Writ in the nature of Mandamus, declaring the action of the 1st respondent in not passing any order either in the stay petition or in the revision petition filed by the petitioner challenging the orders passed by the 2nd respondent in LTR Appeal No.A4/LTR/1992/2022 in so far as directing the 4th respondent to eject the petitioner from the Schedule property i.e., the land admeasuring Ac. 7-34 gts in Sy No 382/2 situated at Mandamarri Village and Mandal, Adilabad District presently Mancherial District and further directing to keep the Schedule property into Government custody is concerned though the 2nd respondent dismissed the appeal filed by the 5th respondent and the action of 4th respondent in trying to evict the petitioner from the land even though the statutory revision filed by the petitioner is pending before the 1st respondent as illegal, arbitrary, abuse of process of law and violation of principles of natural justice and consequently direct the respondents 2 to 4 not to evict the petitioner from the land admeasuring Ac.7.34 gts in Sy.No. 382/2 situated at Mandamarri Village and Mandal, Adilabad District presently Mancherial District till the disposal of the revision filed by the petitioner before the 1st respondent in the interest of justice”.
3. Heard the learned counsel for the petitioner, learned Government Pleader for Social Welfare for respondent Nos.1 to 4 and Sri Srinivasa Rao Bodduluri, for respondent No.5 and perused the record.
4. According to the petitioner, his uncle Andugulla Chinna Mallu S/o Rangaiah has purchased the subject land i.e. land admeasuring Ac.7.34 guntas in Sy.No.382/2 situated at Mandamarri village and Mandal, Adilabad district on 30.3.1963 through sada binama from the father of respondent No.5 by name Gittaiah and after the death of his uncle, petitioner being the son-in-law came into possession and cultivating the said property. While so, respondent No.5 filed LTR petition before respondent No.3 and the respondent No.3 initiated proceedings under A.P. Scheduled Areas Land Transfer Regulation,1959 (Regulation No.I of 1959) in respect of the subject property and passed orders dated 30.7.2020 holding that there is no contravention of the above regulation. Against the said order, respondent No.5 filed appeal before respondent No.2 and the respondent No.2 dismissed the said appeal vide order dated 28.6.2024, upholding the order passed by the primary authority dated 30.7.2020, but however, issued directions for ejectment of petitioner from the subject property. Questioning the said order, petitioner preferred revision before the respondent No.1-Government on 20.7.2024 vide Revision Petition No.1304/TW.LTR/2024 and the same is pending. Therefore, petitioner prays this Court to direct the respondent No.1 to pass appropriate orders on the said revision within a stipulated period of time.
5. The learned Government Pleader for Social Welfare, on instructions, submits that the revision filed by the petitioner is pending before respondent No.1 and the respondent No.1 will decide the revision strictly in accordance with law.
6. Having regard to the submissions made by the respective parties and without going into merits of the matter, the writ petition is disposed of, directing the respondent No.1 to pass appropriate orders on the revision filed by the petitioner vide Revision Petition No.1304/TW.LTR/2024, by putting on notice on respondent No.4 and after affording due opportunity to the parties, pass appropriate orders, strictly in accordance with law, as expeditiously as possible, within a period of three months from the date of receipt of a copy of this order. Till such time, the interim order granted by this Court on 26.
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