1. Goli Ramana Reddy v. 1. The State of Telangana

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 Wnt, Order or Direction particularly one in the nature of Writ of Nrlandamus declaring the order dated 2410612021 in New Case No.E3/ Spl.Tribunal/55712021 Old case No.4/3288/2019 (Old Revenue Court- RDO, Warangal) passed by the 2nd respondent in allowing the appeal filed by the Sth respondent directing the 4th respondent to delete an extent of Ac.0-25 in Sy.No. -----.--.--..- 181/c situated at Yellapur village, Hasanparthy Mandal, warangal District irom the petitioners la'rd and to restore the name of the 5th respondent in respect of the same without conducting hearing and without affording an opportunity to the petitioners as bao. arbifiary, illegal, unconstitutiona I and violation of principles of Natural Justice antj consequently direct the respondents not lo interfere with the peacqful possession and enjoyment of the petitioners total land admeasuring Ac.5-39 gts in Sy.l.lo. 18'1lC situated at yellapur Village, Hasanparthy Mandal, Warangal Urban District. l.A.NO:1 OF 2021 Petition Unde' 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 suspend the operation of the order dated_ 2410612021 in New Case No.E3/spl.Tribuna11557l2o21 otd case No.A/3288/2019 (otd Revenue court- RDO, Warangal) passed by the 2nd respondent in respect of the land admeasuring Ac.o-25 gts out of the total land admeasuring Ac.5-39 gts of the petitioners in sy.No. 181/c situated at yellapur village, Hasanparthy Mandal, Warangal Urban District, pending disposal of the above writ petition. Counsel for the Petitiorrers : SRI C.RUTHWIK REDDy Counsel for the Respor-'dent Nos.1 to 4 : Gp FOR REVENUE Counsel for the Resporrdent No.5 : SRI B.H.R.CHOWDARY The Court made the follcwing ORDER I 7 /) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.17168 of 2O2L ORDER: This writ petition is filed to issue Writ of Mandamus declaring the order dated 24.06.2021 in New Case No.E3/ Spl.Tribunal/557 l2O2l, O1d case No.A/3288/20 19 (O1d Revenue Court) RDO, Warangal passed by the 2nd respondent ln allowing the appeal filed by the sth respondent directing the 4th respondent to delete an extent of Ac.O.25 guntas 1n Sy.No.181/C, situated at Yellapur Village, Hasanparthy Maldal, Warangal District from the petitioners land and to restore the name of the 5tt respondent 1n respect of the same without conducting hearing and without affording opportunit5r to the petitioners as bad, arbitrary, illegal, unconstitutional and violation of Principles of Natural Justice and consequentiy direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners tota-l land admeasuring Ac.5.39 gts 1n Sy.No.181/C, situated at Yellapur Village, Hasanparthy Mandal, Warangal Urban District. 2 I I

2. Heard Sri C.Damodar Reddy, learned senior counsel representing learned counsel for the petitioners, Sri H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 to 4 and Sri BHR Ch rrwdary, learned counsel for respondent No.5.

3. Learned senior counsel representing learned counsel for the peti[ioner would submit that the appeal filed by respondent No.5 was allowed by the learned Special Tribunal, Warangal Urban District-respondent No.2, uide order dated 24.06.2021 in Proc.No.E3/Spl.Tribunal/ 557 /2021 ald accordingly deleted an extent of Ac.0.25 guntas in s1,.No.181/C situated at Warangal District from the land standing in the name of the petitioners and to restore the name of respondent No.S by the said order.

4. Learned senior counsel firstly would submit that the petitioners along with their brothers have jointl_v purchased the lard admeasuring Ac.5.39 guntas in S;r.No.181/C situated at Yellapur Village, Hasanparthy Mandal, Waralgal Urban Distric:t, uide registered sa-le deed bearing No.858 of 1983 dated 03.10.1983 on the hle of SRO, Hanmakonda, 3 from respondent No.5. Petitioner No.1 is the absolute owner and possessor of land admeasuring Ac.4.34 guntas in Sy.No.18l/C, situated at Yellapur Village, Hasanparthy Mandal, Warangal Urban District by virtue of pattadar pass book and title deed vide Patta No.372 and petitioner No.2 is the absolute owner and possessor of Ac. 1.05 guntas of lnad in Sy.No. 181/C, situated at Yellapur Village, Hasanparthy Mandal, Warangal Urban District by virtue of Pattadar Passbook and title deed vide Patta No.373.

5. It is further submitted that after a huge gap of time, respondent No.5 with false ald baseless averments, has {lled an appeal under Section 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, before respondent No.3 to cancel the pattadar pass books issued in favour of the petitioners. During pendency of the appeal before respondent No.3, respondent No.1 has enacted the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O and in pursuance of the new Act and by G.O.Ms.No.4 Revenue (Assignment-I Department) dated 12.O2.2021, respondent No.1 constituted Special Tribunal in every 4 District. T)'ereafter, respondent No.2 has taken up the said appeal and the said Tribuna.l upheld the order passed by the Tahsildrrr-respondent No.4. Thereafter, pizrcing reliance on the ordr:r passed by the Hon'ble Division []ench of this Court in Ul.P. (PIL) No.2O of 2027 uide its interim order dated 18.C,1 .2021, t}:re matter was re-examined by the Special Tribunal and issued Proc.No.E37 Spl.Tribunal/ 557 12021 clated 24.06.2021.

6. The nrain contention of the learned senior counsel is that due to restrictions of Covid- 19 pandemic, respondent No.2 did n,:rt conduct any hearings and without granting any opportrrnity to the petitioners and without conducting a-ny hearinp,, respondent No.2 has passed the impugned order only trased upon the report of Village Revenue Officer Hence, he v,ould seek indulgence of this Court to set-aside the impugn,:,d order passed by the learned Triiruna-l and to grant liberfy to the petitioners to approach the revisiona-l authority.

7. Learnr:d counsel for respondent No.S vehemently opposed the same ald would submit that the ir-rdulgence of 5 this Court is not warranted at this stage as the proceedings have been issued by the learned Special Tribunal after granting necessaq/ opportunities to the parties

05.05.202 1 and 15.06.202 1, but the pctitioners have failed to appear before the Tribunal to make out their case and the petitioners approached this Court with misconception and seeks to dismiss this writ petition. B. Learned Assistant Government Pleader for Revenue would submit that in terms or old Act, the order of the Special Tribunal has become final and no',r, the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 has come into force. Therefore, indulgence of this Court is not warranted and seeks to dismiss this rvrit petition.

9. Having heard learned cour-rsel lor tl-re petitioner, learned counsel for respondent No.5 and learned Assistant Government Pleader for Revenue, this Court is of the view that since the existing Special Tribunals at that point of time r.r,ere not functioning and it is noticed that no opportunity ol hearing has been given to the petitioners, this Court deems it appropriate to remand the matter to the I I 6 revisional authority-respondent No.3 for granting opportunitv of hearing jo both the parties and pass appropriatr: orders. Therefore, the Revisional Authority is directed t,:i conduct the proceedings by afford ing an opportunity of hearing to both the parties and pass appropriate orders as expeditiously as possible, preferably within a pet'iod of twelve (12) weeks from the date of receipt of a copy of this order.

10. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending shall also stand closed' //TRUE COPY' sol-p.lor.rr,rn KRT.HNA GISTRAR r\-_-/ OFFICER To Urban Distrirl State of Telanr;ana at Hyderabad 1 . The Principal {-:ecreta ry, Revenue Department, S 2. The Special Tribuna l-cum-District Collector, and District I\/agistrate Warangal 3. The Revenue l]ivisional officer, warangal Division warangal urban District 4. The Tahsildar, tlasanparthy Mandal Warangal Urban Distr:ict. 5. Two CCs.to Gf, FOR REVENUE, High Court for the State of Telangana at 6. One CC to SRI C.RUTHWK REDDY, Advocate tOpUCl 7. One CC to SRI B H.R.CHOWDARY, Advocate (OPUC)' 8. Two CD Copier; Hyderabad. [Oi-,T] havan, SA GJP ,w i-)

1. 1 E E[i ::r:ti (+ oQr. -::---..-'-l ) l,,i '- . I HIGH COUR T DATED:1810i312025 ORDER WP.No.17168 of 2021 DISPOSING ()F THE W.P WITHOUT COSTS. Onr \ c, { \ro