Pushpa Bai Died vs The State Of Telangana
2023 Latest Caselaw 2959 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                 WRIT APPEAL No.976 of 2023

JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. S. Chandra Sekhar, learned counsel appears for the

appellants.

2.     This intra court appeal has been filed against an order

dated 28.02.2023 passed by learned Single Judge by which

Writ Petition No.49 of 2019 preferred by the appellants has

been dismissed.

3.     The facts giving rise to filing of this appeal briefly stated

are that according to the appellants, lands measuring Ac.0.48

cents in Survey No.440/B; Ac.0.88 cents in Survey No.442/B;

Ac.0.35 cents in Survey No.440/C and Ac.1.68 cents in Survey

No.467/1 situate at Loanvelly Village, Sirpur Mandal,

Komurambheem-Asifabad District, (hereinafter referred to as

'the subject lands') were acquired by their predecessors in a

partition in the year 1969.


4.     The Special Deputy Collector initiated suo motu

proceeding in respect of the subject lands against one Ramesh,
                                                        CJ & NVSK, J
                              2                    WA.No.976 of 2023




D. Raghavulu, Batkaiah, Smt. D. Pushpa Bai (deceased

appellant No.1), Ashafaz Hussain and D. Sriramulu. The order

of eviction was passed on 14.08.1987 inter alia on the ground

that the subject lands are situated in scheduled areas and

parties have contravened the provisions of Andhra Pradesh

Scheduled Areas Land Transfer Regulation, 1959. The

predecessors-in-title of the appellants filed appeals before

Additional Agent to Government-cum-Project Officer, ITDA,

Adilabad, which were dismissed by orders dated 08.06.1990.


5.   The predecessors-in-title of the appellants thereafter

filed three writ petitions, namely, W.P.Nos.10488, 10450 and

10452 of 1990 which were dismissed on 27.02.2004. After

dismissal of aforesaid writ petitions, the Tahsildar issued a

notice dated 27.12.2006 and had taken possession of subject

lands into Government custody on 05.01.2007. Thereafter, the

predecessors-in-title of the appellants filed a revision along

with stay petition before the State Government in which

validity of the order dated 08.06.1990 as well as the

proceedings initiated by the Tahsildar leading to issuance of

notice dated 27.12.2006 was challenged. The stay petition was
                                                             CJ & NVSK, J
                                3                       WA.No.976 of 2023




rejected by the State Government by an order dated

06.03.2007

. The predecessors-in-title of the appellants

challenged the aforesaid order in W.P.No.7703 of 2007 which

was dismissed on 16.04.2007.

6. Thereafter, the revision preferred by the predecessors-in-

title of the appellants was dismissed by the State Government

vide order dated 29.09.2018. The appellants challenged the

validity of the aforesaid order in Writ Petition No.49 of 2019.

The learned Single Judge has dismissed the aforesaid Writ

Petition by the impugned order.

7. Learned counsel for the appellants submitted that the

appellants have not been given an opportunity of hearing

before the revisional authority and therefore the matter be

remitted to the revisional authority and the opportunity of

hearing be directed to be afforded to the appellants.

8. We have considered the submissions made by the

learned counsel for the appellants and have perused the record.

9. Writ Petition Nos.10448, 10450 and 10452 of 1990

preferred by the predecessors-in-title of the appellants were CJ & NVSK, J

dismissed by an order dated 27.02.2004. The aforesaid order

has attained finality and admittedly, it binds the appellants as

well.

10. We have carefully perused the impugned order passed

by the learned Single Judge. The same does not suffer from

any jurisdictional infirmity or an error apparent on the face of

the record warranting interference by this Court in exercise of

intra court appeal jurisdiction.

11. For the aforementioned reasons, the appeal fails and is

hereby dismissed.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J 6th OCTOBER, 2023.

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