HON'BLE SRI JUSTICE J. SREENIVAS RAO
WRIT PETITION No.22679 of 2013
ORDER:
This writ petition is filed seeking writ of mandamus declaring the action of suo motu initiation of the appeal proceedings by the respondent No.1 in CMA No.133/2005 against the common order of the 2nd respondent dated 29.06.2004 in LTR Case Nos.194/2004/MGR, 196/2004/MGR and the consequent order dated 31.10.2009 by the 1st respondent in respect of the subject lands in Sy. No.147/E, 147/EE, 169, 170 admeasuring to an extent of Acs.5-24 gts, 1-12 gts, 0-27 gts and Acs.2-14 gts respectively situated at Manuguru village and Mandal, Khammam District as illegal, arbitrary and violative of the principles of Natural Justice and consequently set aside the said proceedings of the 1st respondent and further direct the respondents not to interfere or take steps to evict the petitioners from possession of the subject lands in any manner.
2. Heard Sri K. Jagadishwar, learned counsel representing Sri Kowturu Vinaya Kumar, learned counsel for the petitioners and learned Assistant Government Pleader for Tribal Welfare appearing on behalf of respondent Nos.1 and 4.
3. Learned counsel for the petitioners submits that the 2 petitioners are the owners of the land to an extent of Acs.5-24 guntas, 1-12 guntas, 0-27 guntas and Acs.2-14 guntas in Survey No.147/E, 147/EE, 169 and 170 respectively situated at Manuguru village and Mandal, Khammam District( herein after referred to as 'subject land' for brevity). Respondent No.2 initiated proceedings vide LTR Case Nos.194/2004/MGR and 196/2004/MGR exercising powers conferred under Telangana Scheduled Areas Land Transfer Regulations 1 of 1959 read with amendment Regulation 1 of 1970(herein after referred to as 'Regulations') in respect of subject land and dropped the proceedings by its order dated 29.06.2004. He further submits that the respondent No.1 exercising suo motu powers initiated the proceedings by way of appeal CMA No.133 of 2005 and passed the ejectment order on 31.10.2009.
4. Learned counsel for the petitioners vehemently contended that respondent No.1 is not having jurisdiction to entertain the appeal by invoking suo motu powers. As per the provisions of Section 3(2)(a) of the Regulations such power is available only to the primary authority but not to the Appellate authority. In support of his contention he relied upon the judgment of this Court in W.P.No.6640 of 2007 dated 31.01.2012. 3
5. Per contra, learned Assistant Government Pleader for Tribal Welfare submits that the provisions of Section 3(2)(a) of the Regulations is applicable to the Appellate authority also and respondent No.1 has rightly passed the impugned order. The petitioner without availing the alternative remedy as available under the Section 6 of Regulations filed the present writ petition and the same is not maintainable under law.
6. Having considered the rival submissions made by respective parties and after perusal of the records, it clearly shows that it is an undisputed fact that respondent No.2 initiated proceedings in respect of subject land under the provisions of Regulations and passed order on 29.06.2004 dropping the proceedings against the subject land. Respondent No.1 initiated proceedings by invoking suo motu powers by way of appeal CMA No.133 of 2005 and passed ejectment orders. As per the provisions of Section 3(2)(a) of Regulations such power is not available to the appellate authority. In W.P.No.7063 of 2008, this Court after considering the judgments of the Apex Court, specifically held that the Appellate authority is not having jurisdiction to entertain the appeal by invoking suo motu powers under Section 3(2)(a) of the Regulations. In view of the same, the 4 impugned order passed by respondent No.1 is declared as without jurisdiction.
7. Accordingly, the writ petition is allowed. However, the respondent No.2 is given liberty to take appropriate steps, in accordance with law. No costs.
Miscellaneous applications, pending if any, shall stand closed.
____________________________ JUSTICE J. SREENIVAS RAO 28th March, 2023 PSW 5 120 HON'BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.22679 of 2013 28th March, 2023 PSW 6