HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard Mr. Srinivasa Rao Velivela, learned counsel for the petitioners and Mr. Muralidhar Reddy Katram, learned Government Pleader for Revenue appearing on behalf of the respondents.

2. CASE OF THE PETITIONERS i) The petitioners herein are the owners and possessors of various extents of land forming part of Survey Nos.194, 195 and 198, situated at Mallemadugu Village, Khammam Urban Mandal and District. They have purchased the said lands under sada bainamas from the original pattadars and the same were subsequently validated/regularized as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, ‘ROR Act, 1971’) and the Rules made thereunder. Their names were also recorded as pattadars in all revenue records. They are in possession of the said lands since long time.

ii) The respondent authorities have initiated the proceedings under the provisions of the Land Encroachment Act, 1905 (for short, ‘Act, 1905’) by issuing notice as required under Section - 7 of the Act, 1905 claiming that the subject lands which are in occupation of the petitioners herein are ceiling surplus lands under the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short, ‘Act, 1973’). Thus, respondent authorities requested the petitioners to submit explanation as to why they should not be evicted from the subject land. The petitioners herein have submitted explanation to the said notice stating that the nature of subject lands are patta lands and they have purchased the same under sada bainamas and the same were regularized in their favour.

iii) Even then, respondent No.4 initiated the proceedings under the Act, 1905 and passed eviction orders dated 29.10.2021 vide proceedings No.B/3599/2017. Challenging the same, the petitioners preferred an appeal in C3/902/2024. Vide common order dated

03.05.2024, respondent No.3 confirmed the said eviction order. iv) Challenging the said order, the petitioners filed a writ petition vide W.P. No.13754 of 2024 contending that the petitioners are in long standing possession, therefore, by initiating summary proceedings, respondent No.4 cannot pass an order dated 29.10.2021 under Section - 6 of the Act, 1905.

3. Considering the inter se disputes between the parties which are serious in nature, vide order dated 17.12.2024, this Court disposed of the aforesaid writ petition (W.P. No.13754 of 2024) setting aside the order dated 03.05.2024 in appeal No.C3/902/2024 of respondent No.3 leaving it open to the petitioners and pattadars to agitate their claims before competent Civil Court and after obtaining a decree in the said suits, they are entitled to make an appropriate application seeking correction of revenue records or carrying out amendments as per the provisions of the ROR Act, 2020. Pending finalization of the said suits, the respondent authorities were directed not to change the nature/classification of the property in revenue records and also directed not to mutate revenue records in any manner pending adjudication of rights of the parties over the subject lands. At the same time, the petitioners were also directed not to alienate or create any third party interest over the subject lands and also restrained them for conversion of the said lands for any other purposes.

4. In the said order, it is also observed by this Court that as it is stated by learned counsel for the petitioners that as on that date, there is a standing crop which is ready to harvest, the petitioners were permitted to harvest the said crop on the panchanama being drawn by respondent No.4. It was made clear that after harvesting the said crop, the petitioners should not claim any rights over the subject property till the suits have been decided by the competent civil Court in accordance with law. The alleged assignees were also permitted to implead themselves in the pending suits and contest the matter in accordance with law. The civil Court