The High Court · 2025

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 an order or direction more particularly one in the nature of writ of certiorari or any other appropriate writ call for the records and to quash the orders passed in Case No. D1/160/2021 (File No. 8/950/2020), dated. 01-02-2021 ' by the Special Tribunal Mahaboobnagar DistricVrespondent No. 2, as the said orders are passed by the said authority without issuing any notice to the petitioner, without giving any opportunity of hearing to the petitioner and without looking into the records and without looking into the impugned orders in the said Revision case and the appeal grounds, even though the subject matter land o not come under the purview of Rights in Land and Pattadar Passbooks Act. rs it is a Tenancy Land and regulated under A.P. (T.A) Tenancy and Agriculture ands Act, 1950, is nothing but arbitrary, rllegal. null and void and violative of : inciples of natural justice and also violatrve of Articles 14, 19, 21 and 3004 c' :he constitution of lndia, and violative of the provisions of the Telangana Rights i' L.and and Pattadar Passbooks Act, 2020. Consequently set aside the sanre. :hereby direct the respondent authorities to continue the name of the petitioner r regarding with the subject matter land admeasuring Ac. 1 .18 gts in sy. No. 07/AA, situated at Vennached Village, Gandeed [\rlandal, Mahaboobnagar Distrtct IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the crr,; mstances stated in the affidavit filed in support of the petition, the High courl nay be pleased to suspend the orders passed by the Special Tribunal/respo nd e " No. 2, in case No. D1t16012021 (File No Bl95Ol2O2O), dated. 01-02-2021, :hereby direct the respondent No. 5, not to create any third party rights over the subject matter land admeasuring Ac. 1 .18 gts in Sy. No. 707lAA, situated al' ,/ennached Village, Gandeed Mandal, Mahaboobnagar District. lA NO: 1 OF 2025 Between: Challa Krishnaiah, S/o. Late. Yellaiah, Age. 60 Years, Occ ( ovemment Teacher, R/o. Vennached Village, Gandeed Mandat, tvlahaboobnagar D s rict-509339. ...PET|T|ONEfl RESPONDENT No.5 AND

1. Konda Mohan, S/o. Late. Konda Chandraiah, Age 45 \1 ars, Occ Agriculture' R/o. Vennached Village, Gandeed Mandal, Mahaboobna lar District ...WRIT PETITI( NER/RESPONDENT 2. The State of Telangana, represented by its Princil al Secretary to the Revenue Department, Secretariat Buildings, Hyderabarl

3. The Special Tribunal under the Telangana Rights r Land and Pattadar passbdoks Act, Mahaboobnagar District, representerl by District Collector, lv1 a ha boobna g a r Di strict.

4. The Revenue Divisional Officer, Mahaboonagar Divir ion, Mahaboobnagar District.

5. The Tahsildar, Gandeed lt/andal, Mahaboobnagar District. ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order daled 101212022 passed in l.A. No. 1 of 2022 in W.P.No. 7354 of 2022 and dismiss this writ petition with costs by direct the 3'd & 41h Respondents herein to implement the order passed by the 2nd Respondent District Special Tribunal, Mahabubnagar dated 01-02-2021 and mutate this Respondent's name in the Revenue Records and issue Patta Passbook with respect to this Respondent's land consisting of Ac. 1-18 gts in Sy.No.707iAA situated at Vennached Village, Gandeed Mandal, Mahabubnagar District, Telanga na. Counsel for the Petitioner: SRI K. VENUMADHAV Counsel for the Respondents No.l to 4: SMT. S. SRAVANTHI, AGP FOR REVENUE Counsel for the Respondent No.5: SRI P. ANIMI REDDY The Court made the following: OROER IN THE HIGH COURT FOR THE STATE OF TE,L TNGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARI TH WRIT PETITION No.7354 OF 2o2tz DATE: L7.L2.2O25 Between: Konda Mohan . . . Petitioner AND The State of Teiangana, Rep. b,y its Principal Secrc - r1., Revenue Department, Secretariat Buildings, HydeLz bad & four others. ORDER: ,.Respondents Heard Sri K.Venumadhav, Iearned counsel a1 pearing for the petitioner, Smt. S.Sravanthi, Iearned Assistar ! Government Pleader for Revenue appearing for respondent Ncs I to 4 and Sri P.Animi Reddy learned counsel for respondent No.:

2. Learned counsel lor the petitioner submitr; t_hat this Writ Petition is filed challenging the order date<l ) I .O2.2021 rn Case.No.Dl/ 160l2O21 (File No.B/9SOl2O2O, passed by respondent No.2/Special Tribunal as illegal and arl itrary. 3. Learned counsel for the petitioner further s,r bmits that the respondent No.5 has filed an appeal under Secton 5(S) of the Telangana Rights in Land and pattedar pass Bc rks Act, 1971, 2 read with Section 22 of Telangana Rights in Land and Pattedar Pass Books Rules, i97 1 against the orders dated 13 01'2016 passed b1' respondent No.3/Revenue Divisional Officer, Mahabubnag ar uide proceeding in File No.B I A9 /20 1 5 in respect ol the land admeasuring Ac.1- 18 guntas in Sy'No'707/A, situated at Venneched Village of Galdeed Mandal. Subsequently, the said appeal was transmitted to respondent No 2/ Special Tribunal in view of the amendment of the ROR Act as the Telangana Rights in Land and Pattadar Pass Books Act,2O2O'

4.Learnedcounselforthepetitionerfurthersubmitsthatafter receiving the said appeal, the respondent No'2-special Tribunal' withou t issuing notice to the petitioner, passed the impugned orders on O1.O2-2021 in favour of the respondent No'5' Moreover' aSpertheordersdatedlB.03.202lpassedbytheDivisionBench of this Court in W.P.(PIL) No.2O of 2027 and in view of the Telangana Bhu Bharati (Record of Rights in Land) Act,2025' ttre appellate authority has to rehear the matter' Therefore, this is a fit case for remanding the matter to the l"t appellate authority under Section 15(a) Telangana Bhu Bharati (Record of Rights in Lands) Act,2025 (for brevity "the Act, 2025"1 and Rule-l4 of the Telangana Bhu Bharati (Record of Rights in Lands) Rules' 2025 (for brevity "the Rules, 2025") for passing appropriate orders after 3 issuing notices to the petitioner as rvell as the unofficial respondent

5. Learned Assistant Government Pleader fo; Revenue and learneci counsel for respondent No.5 has express:1 no objection for remanding the matter to the I ", appellate rr rthority under Section 15(a) of the Act, 2025 and Rule-14 of the il rles, 2025 and praled to pass appropriate orders

6. Accordingll,, this Writ Petition is dispos,r I of and the impugned order dated O1.O2.2021 passed I v respondent No.2/Special Tribunal in Case.No.D1l160l2O21 . ile No.B/95O/ 2020) is herebv set aside. Consequentl,v, the mrrr r rr is remanded back to the 1"1 appellate authority i.e., responderr No.3-Revenue Divisional Officer, Mahaboobnagar, with a dir:;r,ion to issue notices to the petitioner and unofficial respor-ider 1 r:nder Section 15(a) _of the Act, 2025, and Rule-i4 of the Rules, !025, aflbrding them an opportunity for hearing, including a pers() .al hearing and to pass appropriate orders in accordance with lau. No order as to Misceilaneous applications pending, if :rr 1 , i r-r this Writ Petition, shall stand closed. //TRUE COPY// SD/. U. SUDHA -.l!is$ STANT REGISTRAR \ \ ---!i , \ 'sEcTloN oFFlcER \ To 1 2 The Principal Secretary to the Revenue Departr\en, State of Telangana, Secretariat Buildings. Hyderabad. The District Collector, Mahaboobnagar District, Maha: robnagar Proper and District Speciat Tribunal under the Telangana Rights r Land and Pattadar Passbooks Act, Mahaboobnagar District. -=-:T:-T:-=$$l- I I 1

3. The Revenue Divisional Proper and District. Officer, [t/ahaboonagar Division, tVahaboobnagar

4. The Tahsildar, Gandeed ltrla ha boo bnaga r District. Mandal, Gandeed Proper and l\,4andal,

5. One CC to SRI K. VENUMADHAV, Advocate [OPUC] 6. Two ccs to GP for Revenue, High court for the state of rerangana al Hyderabad. [OUT]

7. One CC to SRI P. ANt[/l REDDY, Advocate tOpUC] 8. Two CD Copies IMP BS 4b/ HIGH COURT DAT iD:1711212025 flE iIAI1 lr i 0[[M 2 ( c -1' 'riz r.{{l * .:YE, ) ORDER WP.N,t.7354 of 2022 DISPOSING OF THE V\ RIT PETITION WI't HOUT COSTS G^r n\ \^v