High Court · 2025

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit frred therewith, the High court may be pleased to issue an order or direction more particurarry one in the nature of writ of certiorari or any other appropriate writ ca for the records and to quash the orders passed in case No sr/D1l /2021 , A2r26got2o16, dared. 05/0212021 , by the special rribunar Ranga Reddy District, constituted under Record of Rights in Land and Pattadar passbooks Act,2020, as the said orders are passed without issuing any notice to the petitioners, without giving any opportunity of hearing to the petitioners and without rooking into the records and without rooking into the impugned order in the said case and the appear grounds date, even though the appeal filed by the petitioners is within rimitation, is nothing but arbitrary, iflegar, null and void and viorative of principres of naturar .lustice and arso viorative of Articles 14, 19' 21 and 3004 of the constitution of India, and viorative of the provisions of the Telangana Rights in Land and pattadar passbooks Act. 2o2o lA NO: 1 OF 2021 Petition under Sectron 'r 51 cpc praying that in the crrcumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent No. 4, not to mutate the names of the respondents No.5 to 11 in the revenue records in regarding with the agricurturar rands in Sy.No. 759 admeasuringAc 12.03 gts, in 760Ac.8..15 gts, in Sy.No.BOaAc. 1.02gts, and in sy No BT0 an extent of Ac. 2.0g gts, totar exlent Ac. 23,2g gts, situated at lbrahimpatnam Village and I\/andal, Ranga Reddy District. Counsel for the petitioners: SRI K.VENUMADHAV counser forthe Respondent Nos.1 To4: sRr i.naresn KUMAR, AGp FOR counset for rhe Respondent No.S: sRt MAHAIVFTH=s*, *oro cuLAM counser for the Respondent Nos.6 ,oTI3t*l"ooAM sRrNrvAS REDD' Counset for rhe Respondenr Nos.10 & 11: SRf Cil.hAMESH BABU The Court made the following: ORDER l I THE HONOURABLE SRI JUSTICE E'V'\IENUGOPAL PETITION No.2 oo44 of202L ORDER: This writ petition is filed seeking of an appropriate writ call for records and quash the orders passed in Case No. ST/D1/2 O2l, A212690l2}l6'dated O5'02'2021 passed by the Special Tribunal Ranga Reddy' constituted under Record of Rights in Lands and Pattadar Act' 2O2O as the said orders are passed without issuing a notice to the petitioners, without giving any opportunity of hearing to the the records and petitioners and without looking into without looking into the impugned order in ttre case and the appeal is hled by the petitioners is nothing but illegal and violative Articles 14' t9' 2l and 3OOA and vidlative of the Telangana Rights in Land and Pattadar Passbooks Act' . 2020 2 Heard Sri K'Venumadhav' learned seun5gl for the Petitioners, H.Rakesh Kumar' learned Assistant Revenue, Mr' Mahesh' learned Government Pleader for Mr. Mohd Gulam HYder for counsel rePresenting respondent No'S, Mr' Nagam Srinivas Reddy for respondent 2 No.6 to 9 and Mr. Dida Vijaya Kumar, learned counsel for respondent. Nos. lO and 1 i. perused the materia_ls available on record.

3. Learned counsel for the petitioners and learned counsel for respondent Nos.lO and I 1 in one voice would submit that the learned Special Tribunal, Rarga Reddy District under the Telalgana Rights in Land and Pattadar Passbooks Act, lg7I had passed an order dated O5.O2.2O21, in a mechanical manner, without gralting any opportunity to the petitioners arrd respondents a,d the same is arbitrar5r and contrar5z to law.

4. It is further submitted that against the order passed by learned Special Tribunal under Section S1S1 orf .tne act, 7971, on O5.O2.2027, the petitioners preferred an appeal before respondent No.3 on 11.03.2016. While the matter is pending before respondent No.3, upon constitution of the Special Tribunal under Rights in Land and pattadar Passbooks Act, 2O2O, and as per Section 16 of the said Act, 2O2O, a-ll the pending cases has been tra,sferred to the Special Tribunal without rssutng arry notice to 3 parties, learned Special Tribunal had dismissed the order stating that the petitioners constituted the proceedings after lapse of more thal five years and without Iiling any condone delay. He further submits that without issuing any notice or without affording any opportunity to the parties is against the principles of natural justice' hence wouldseektosetasidetheorderpassedbythelearned Special Tribunal and remand the matter as per the law prevailed under the provisions of the Bhu Bharati Act'

5. Appearing online, learned counsel for respondent No.S would submit that respondent No'5'died' therefore' the opportunity has to be given to the legal heirs of respondent No.5 and without bringing legJ 'heirs respondent No.S on record' passing of orders would amount to perversity, hence would seek to pass appropriate direction to the respondent authorities'

6. Learned counsel for respondent Nos'6 to 9 would submit that the Special Tribunal after giving ample opportunities to the parties, has rightly dismissed the 4 appeal by conlirming the orders of the Tahsildar, dated 12.Ol.2Ol(t 7 . Having heard learned counsel for the petitioners arrd respondents, this court without making ary observations on the merits and demerits of the case, is of the opinion that the learned Special Tribunat had passed the order without granting any opportunity to the petitioners and respondents herein and a-lso erred in understanding that the appeal has been filed before respondent No.3 and by virtue of new enactment i.e., the Telangana Rights in land and pattadar passbook Act, 2O2O, all the pending cases before the respondent No.3 have been transferred to the Special Triburial under Section 16 of the said Act, 2020. B. The Hon'ble Division Bench of this Court in W.p. PIL No.20 of 2O2I upon noticing such errors has passed a detailed order on lg.O3.2o2l directing the authorities as under upo,n "The respondents shal/ r'ssue notice public notices crrllino .pani-es to appear before the Special rriU"i"ii i"""".In 7:_:"", 2" ct Jued date and time to enable them to make .rrelr sulrmtsstons. Wereuer o requesl for a personal 5 heaing is receiued. from parties, the orders possed bA-the ipeaai fibur. ts shall ie deemed to be qtashed and s'et Fresh orders shall be passed bg the Special iia". TVibunats afier granting a reasonable opportunitg to -the iioi". of iein{ heard- either in person or tlvough tteir 'eiui."ti". Tieg sLnll also be afforded a change to file rf not alreadg filed onlg thereafier iii.n -it-U 1r.tn ord.ers bi passed bg the SP,ecial -fA\u27f' iiiq""t" and. wide spiead pubticitg of this order shall be. three ueeks to appise all W.i AA th.e &ate concemed Parties of the same' "un^i"tlons, -tuithii t I 8(i). The impugned order passed by the Special Tribunal on O5.O2.2O21 i.e., prior to the order passed by the Hon'lcle Division Bench of this court' However' in the absence of granting any opportunity to the petitioners and respondents, passing the impugned order would arnount to violation of principles of natural justice' g. Therefore, this court deems it appropriate to set- aside the order passed by the learned Special Tribunal and remand the matter back to the Special Tribunal' as per the law prevalent, in the Telangala Bhu Bharati (Record of Rights in Larrd) Act, 2024, who in turn shall grant opportunity to the legal heirs of respondent No's and also by granting opportunity to all the parties in accordance with law, shall conduct the proceedings and pass appropriate orders strictly in accordance with law as 6 expeditiously as possible. The learned Specral Tribuna_l shall a-1so consider that the Status euo is pre.r,alent as on today before this Court, upon disposal of this writ petition.

10. With the above directions, this Writ petition disposed of. There shall be no order as to costs. 1S Miscellaneous applications, if arry, pending shall also stand closed. so/- REE RAMA MURTHY TY REGISTRAR E //TRUE COPY// s CTION OFFICER Reddy District. cretariat Buildings, Hyderabad, State of Telangana.

1. The Principal Secretary to the Revenue Department, 2. The District Collector, Special Tribunal under the Tel and Pattadar Passbooks Act. Ranoa Reddv District. 3. The Revenue Divisional Officer, 55roornag'ar Divisio 4 The T_ahsildar, lbrahimpatnam Mandal, lbrahimpatnam, Ranga Reddy District 5. One CC to SRI K.VENUIUADHAV, Advocate tCjpUCl 6, Two CCs to GP FOR REVENUE, High Court ior the State of Telangana, at 7 One CC to SRI TVOHD GULAM HYDER, Advocate IOpUCj 8. One CC to CH.RAMESH BABU, Advocate IOPUCI 9. One CC to SRI NAGAM SRINIVAS REDDY, Advolate [OPUC] '10. Two CD Copies angana Rights in Land Rangd fleddy n, Saroornagar, Ranga Hyderabad. [OUT] - To PSK BS HIGH COURT DATED:22t08t2025 ORDER WP.No.20044 of 2021 \ \ ''.i. 25 sEP m ;a: ...t' ,.' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 2n