The High Court · 2025

Petition under Anicle 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 mandamus or any other appropriate writ declaring the action of the respondents No.2 and 3, in passing the orders in file No. D/Special f ribunalt75t2O21, dated. O4lO2t2O21, through which confirming the orders passed by the respondent No.4, in appeal case No Bl1Ol2O17' daled ' 11tO512O18, without igsuing any notice to the petitioner, without giving any opportunity of hearing to the petitioner, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also vio : tive of Articles .14, 19,21 and 300,q of the Constitution of lndia, consequenfly se lside the same IA NO: 1 OF 2021 Petition under section 151 cpc praying that in the c r iumstances stated in the affidavit filed in support of the petition, the High courl nay be pteased to restrain the respondents No 6 and 7 from interfering with 5t aceful possession and enjoyment of the petitioner over his agricultural lands a,l leasuring Ac..l .00 in sy.No.155 and an extent of Ac.0.37 guntas in sy.No. 1s6 ;ituated at Korufla shivar Counsel for the Petitioner: SRl. K . VENUMADHAV Counsel for the Respondent Nos. 1to5: Gp FOR REVENUE Counsel for the Respondent Nos. 6&7:- The Court made the following: ORDER i THE HON'BLE SRI .IUSTICE E.V.VENUGOPAL WRIT PETITION No.7364 OF 2O2L ORDER: This Writ Petition is hled seeking to declare the action of the respondent Nos.2 and 3 in passing the orders in File No.D/Special Tribunal/75 /2021, dated 04.O2.2O2L confirming the orders passed by the 4th respondent in appeal case No.B/ lO/2017, dated 11.05.2018, without issuing any notice to the petitioner, without giving any opportunity of hearing to the petitioner as illegal and arbitrary ald violative of principles of natural justice and also violative of Articles 14, 19, 2l and 30OA of the Constitution of India and consequently to set aside the same.

2. Learned counsel for the petitioner vehemently contended that no notice has been served upon the petitioner or otherwise, no notice was issued by the Special Tribuna-I, which would amount to violation of principles of natural justice. He relied upon the judgment of Hon'ble Division Bench of this Court in W.P. (PIL) No.2O of 2021, dated 18.O3.2021, wherein it is held as follows: \ Page 2 of6 the Special "4. It is therefore deemed appropiate to ,7 in all cases that haue been transferred reuenue courts to notwithstanding ang orders that may l, < passed bg the Special Tribunals, the re:;. shall issue public notices calLing upon .. appear before the Special Tibunals in ea: on a fixed date and time to enable then. their submissions. Whereuer a reque ) personal heaing is receiued from parties, .) passed bg the Special Tibunals shall be d be quashed and set aside. Fresh orders passed by the Special Tibunals afier gr reasonable opportunity to the parties of bei either in person or through tleir Aduocat shall also be afforded a chance to Jlle submissions, if not alreadg filed. Onlg t shall fresh orders be passed bg th<t Tibunals. Adequate an-d u.ide spread pLt this order shall be giuen bg the State tuil, tueeks to apprise all concerned parties of tlt, rect that crom the .ribunals ue been nndents rties to t distict to make for a .e orders rcmed to shall be tnting a tg heard s. Theg utitten rcreafter Special tLicity of ',in three same."

3. Learned counsel lor the petitioner woul,l submit that irrespective of the facts and circumstances tf the case, notice ought to have been given to the petition,) ' to put forth his case before the learned Special Tribunal.

4. On the other hand, iearned Assistant Government Pleader for Revenue, on instructions, while referring to paragraph 10 of the impugned order date,l O4.O2.2O21, passed by the 2"d respondent, would submit that notices have been issued to the concerned parties ot 2LO7.2018, Page 3 of6

18.08.2018, 15.09.2018, 19.0t.2079, 30.03.2019,

27.04.20t9, t7.O8.20t9, 02.1t.2019, 30.11.2019,

21.12.2019, OL.O2.2O2O and frnally on 22.02.2020 and

21.o3.2020.

5. Opposing the aforesaid submission, learned counsel for the petitioner would submit that the Special Tribunal under the Telangana Rights in Land arld Pattadar Pass Books Act, 2O2O came into effect from 29.10.2020, therefore, the question of issuing any notice or receiving any notice does not arise, as such, he seeks necessary direction to the 2"a respondent to afford an opportunity of hearing to the petitioner and sought for setting aside the impugned order passed by the !"a respondent dated 04.O2.2O21.

6. Learned Assistalt Government Pleader submits that the petitioner has been making consistent efforts to establish his case. He states that the land claimed by the petitioner has been used as a cattle stand for several years, a fact known to everyone in the village. He further submits that the petitioner has approached this Court twice, seeking directions to the Tahsildar, Korutla, and also to the Appellate_ Authority for disposal of his petitions ard apl) )al, but has not flled any documentary evidence in support tf his claim- The leamed Special Tribunal a-lso observed that Llthough the petitioner claims the subject lald as a legal ro )resentative, he cannot do so since the land was sold by I is deceased grandfather back in 7976, and the land has t'r en used for pubtic purposes for nearly 40 years. Therefore, the learned Assistant Government Pleader seeks dismissal of the Writ Petition.

7. Having heard learned counsel for the petitLr ner and the learned Assistalt Government Pieader for Reverr .e, and after perusal of the materials placed before this Cou - , this Court is of the considered opinion that, no notice has :een issued by the revisional authority to the revision petiti rner before passing impugned orders by the Special Tribune tin File No. D/Special Tribunal/75 l2O2l, dated 04.O2.2O21 . which is in violation of principles of natural justice.

8. Accordingly, the impugned order pass :d by the respondents 2 and 3 in File t:.D/Special Tribunal/75 /2021 , dated 04.02.2021 is set aside and matter Page 5 of6 is remanded back to the revisional authority constituted under Section 15(1) of Bhu Bharathi Act, 2025, which, in turn shall afford an opportunitSz of hearing to the petitioner and all the concerned parties, as per the procedure established under law and pass appropriate orders in accorda-nce with law, as expeditiously as possible, preferably within four weeks from the date of receipt of a copy of this order. $ With the above direction, this Writ Petition is disposed of. As a sequel, miscellaneous petitions, if any, pending, shall stand closed sd/ H.S. GOWRI SHANKAR SISTANT REGISTRAR //TRUE COPY// . SECTION OFFICER To,

1. The Principal Secretary to the Revenue Department, Secretariat Buildings, Hyderabad.

2. The Special Tribunal under the Telangana Rights in Landand Pattadar Passbooks Act, Represented by District Collector, Jagtial District, Jagtial Proper and District.

3. The Additional Collector Cum Member of Special Tribunal under the 4. The Revenue Divisional Officer, Korutla Division, Korutla proper, Jagtial .Telangana Rights in Land and Patt, Jagtial District at Jagtial. District.

5. The Tahsildar, Korutla Mandal, Korutla Proper and Mandal, Jagtial District. 6. One CC to SRl. K VENUMADHAV Advocate [OPUC] 7. Two CCs to GP FOR REVENUE (TG) ,High Court for the State of Telangana at Hyderabad [OUTI

8. Two CD Copies (k BM PMK HIGH COURT DATED:1 110812025 ORDER WP.No.7364 ot 2021 [:i 2 .,7 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?r- .L\ (,