Telangana High Court
WP/29358/2025 of Sarigommula Baburao Vs The State Of Telangana. on 25 September 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 29358 OF 2025 Between: 1. Sarigommula Baburao, S/o Poshaiah, Aged 55 yrs, Occ-
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO
(Special Original Jurisdiction)
THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 29358 OF 2025
Between:
1. Sarigommula Baburao, S/o Poshaiah, Aged 55 yrs, Occ- Business, Fl/o H.No.16-10-135/l,Shivanagar, Warangal
2. Sunchu Mallesh, S/o Poshamallu, Aged 55 yrs, Occ- Business, Rl/o H. No.7- 283, Teegalpahad, Mancherial
...PETITIONERS
AND
The State Of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, T.S.
The Diskict Collector, Mancherial District.
The Project Officer, lntegrated Tribal Development Agency (ITDA), Utnoor, Adilabad District.
The Special Deputy Collector, Tribunal Welfare), Utnoor, Adilabad District_
The Revenue Divisional officer, Bellampally Division, ltrlancharial District.
The Tahasildar, Kasipet mandaL Mancherial District.
Duguta Mallesh, S/o. Late Rajam, Aged around 60 yrs, Occ- Singareni Employee, Ri./o H. No.7-283, Teegal pahad, Alluri Seetharama Raju nagar, Mancherial.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the notice in Form-E dated 02-09-2025 (served to petitioners on 0B-09-2025) vide No.TWAl/1 1112025 issued by the 4th Respondent purportedly under the provisions of the Telangana Scheduled Areas Land Transfer Regulation, 1959 (Regulation I of 1959), in respect of the land in Sy. No.5/29/l/D to an extent of Ac. 1-00 guntas and y. No.5/29 to an extent of
Ac.4-00 guntas situated at Peddanapally Village, KasiDer lvlandal, Mancherial District, even though the said village does not form part cf t re Agency/Sched uled Areas notified under the Fifth Schedule to the Constitut on of lndia, as wholly illegal, arbitrary, without jurisdiction, contrary to the t,rrrvisions of the said regulation, violative of the principles of natural j'ustice, a rd in clear infringement of Articles 14, 21 and 300-4 of the Constitution of lndiir rrnd consequenfly set aside the same with a direction to the respondents r ot to interfere with petitioners property.
lA NO: 1 OF 2025
Petition under Section 15'1 CPC praying that in the oircumstances stated in the affidavit filed in support of the petition, the High C,ru 1 may be pleased to grant stay of all further proceedings pursuant to the nr,ti:e in Form-E dated 02-09-2025 (served to petitioners on 08-09-2025) vide flc.TWA1l111t2025 on the file of the 4'h respondent in respect of the petitioners' ;rrd in Sy. No.5/2911/D
to an extent of Ac.'1 -00 guntas and Sy. No.5/29 to an ext-.rlt of Ac.4-00 guntas situated it Peddanapally Village, Kasipet Mandal, [\,4anci,erial District pending disposal of the above writ petition Counsel for the Petitioner: SRI P.LAKSHMA REDDY
Counsel for the Respondent No.1, 2, 5 & 6: SRI L.RAVINDI:FI, AGP FOR REV:hIUE
Counsel for the Respondent No.3 & 4: GP FOR SOCIAL WI:l_FARE
Counsel for the Respondent No.7: --
The Court made the following: ORDER
,-
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.29358 of 2025
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ORAL ORDER:
Heard learned counsel for the petitioners and Mr.L.Ravinder, learned Assistant Govemmcnt Pleader for Revenue and learned Govemment Pleader for Social Welfare.
2. Petitioners filed the present writ petition challenging the noticc in Form-E dated 02.09.2025 issued by respondent No.4 under Section 3 of the Telangana Scheduled Areas Land Transfer Regulation, 1959 (Regulation I of 1959), alleging that the petitioners are illegal occupants of the land admeasuring Ac. 1.00 guntas in Sy.No.5/2911/D and Acs.4.00 guntas in Sy.No.5/29, situated at Peddanapalli Village, Kasipet Mandal, Mancherial District
3. It is the specific contention of the petitioners herein that the subject property is not in scheduled area. Therefore, respondent No.4 has no jurisdiction to issue the impugned nottce.
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1. Leanrcd (lor.emmcnt Pleader for Socil.l Welfare. on To,
1.
2.
3.
4.
5.
6.
7. o. o lnstructions, i,r,ould fairly subrnit that the subjer:t troperty does not falI undcr thc schcduled area -s. In thc light ol thc said submission, this \V-ir l,etition is allowed setting asidc the impugned notice in Form-E. dated 02.09.2025 issucd by respondent No.4. Horv,:r.:r, liberff is granted to respondcnt Nos.3 to 6 to take actrorr against the petltloner, in accordance with lau,. Miscellancous applications, if any pendi)tg shall stand closed. Thele shall be no order as to costs. SD/.A. SRINIVASA REDDY / Assts;reNt REGISTRAR l\ '\ //TRUE coPY// i t, ' sEcTloN oFFlcER \, The Principal Secretary, Revenue Department, Secret,ariilt, Hyderabad, State Of Telangana The District Col lector, IVlanche rial District. The Project Officer, lntegrated Tribal Development A1;ency (ITDA)' Utnoor, Adilabad District The Special Deputy Coltector, Tribunal Welfare), Utnoor' /\dilabad District. The Revenue Divisional officer, Bellampally Division, [t/ z n:harial District. The Tahasildar, Kasipet Mandal lvlancherial District. One CC to SRI P.LAKSHMA REDDY, Advocate [OPU() Two CCs to GP FOR REVENUE, High Court for the rllate of Telangana at Hyderabad [OUT] Two CCs to GP FOR SOCIAL WELFARE, High Ortrrt for the State of Telangana at Hyderabad [OUT] Two CD Copies BSR BS
Yv
HIGH COURT DATED: 2510912025
ORDER
WP.No.29358 of 2025 ALLOWING THE WRIT PETITION, WITHOUT COSTS \\t .r'5tA ,/ ll :j' Il '.t i'. r. \\i,, 'i\ +\: 'l 3 ll]r 2nrq Yr-n-c flroo- t,D ,l