Akula Kistaiah v. 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 iss.ue a writ, order or direction more particularly onq in the nature of the WRIT OF CERTIORARI to call for the records relating to the dismissal order passed by the Special Tribunal, Siddipet District dated 02.02.2021 in Case No. F3 / Spl. Tribunal / Maddur t2B t 2021 corresponding to Old Case No.Dt2276t2O17 in dismissing the Appeal of the petitioner U/s.5(5) of the ROR Act, 1971 in respect of the land to an extent of Ac.3.06 gts in Sy.No.118 situated at Kootigal Village, Dhoolmitta Mandal, Siddipet District, as illegal, arbitrary, null and void and against the provisions of Telangana Rights in Land and Pattadar Passbooks Act, 1971 and consequently to set aside the same. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the cir the affidavit filed in support of the petition, the High Cour suspend the orders passed by the Special Tribunal, S r O2lO2l2O21 in Case No. F3/ Spl. Tribunal / Maddur/ 2812021 umstances stated in may be pleased to Cipet District dated :orresponding to Old Case No.D/ 227612017, pending finalization of the Writ Petiti,r Counsel for the Petitioner: SRI J.KANAKAIAH Counsel for the Respondent Nos.1 to 4: SMT. S.SRAVANTI- , AGP FOR REVENUE Counsel for the Respondent Nos.S to 7: -- The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.27251 of 2O22 Date:L7.L2.2025 Between: Akula Kistaiah. AND ...Petitioner State of Telangana, rep. by its Principat Secretaty, Revenue Department, Secretariat, Hyderabad and others. ...Respondents ORDER: Heard Sri .-Ialli Kanakaiah, lcarned counsel appearing for the petitioner and Smt S. Sravanthi, learned Assistalt Government Pleaclcr lor Revenue appearing for the respondents and perused the material on record.

2. This writ petition is filed questioning the order passed by the Special Tribunal, Siddipct District in Case No.F3/Spl.Tribunal/ Maddur /28 /2O2t dared 02.O2.2021 corresponding to Old Casc No.D/2276/2O17 in dismissing the appezrl frled by the petitioner under Section 5(5) of the Telangana Rights in Land and Pattadar Passbooks Act, 2 SK, J \ .l'].No.27251 of 20'22 - 1971 (For short "ROR Act, IgTl") in resp ct of the iancl admeasuring to an extent of Ac.3_06 gt; in Sy.No.11g situated at Kootigal Village, Dhoolmitta Mi ndal, Siddipet District as illega1 and arbitrary and agains the provisions of ROR Act, 1971.

3. Learned Counsel for the petitioner s_ rmits that the personal notice sent to the respondent N( s.5 to 7 was served and hled proof of service before the il gist.ry in USR No.146900 of 2025 dated 17.12.2025. He gt rmits that the petitioner hirs questioned mutation of recor: the unofficirrl respondents before the Rever s in favour ol ue Divisional Officer, Husnabad under Section 5(S) of the F ald the sarne was numbered as Case No.[ OR Act, 1971 /2'276/2017. Pending the said appeal, the ROR Act, l9Zl vas amended and ROR Act, 2O2O came into force. He subr rits that alter reorganization of the Districts, Kootigal villagc jurisdiction of Dhoolmitta Mandal, Husn:L Division, Siddipet District and in view of the s the amendment of ROR Act, 2O2O, the appe.; petitioner was transmitted to the Special Tribt lalls into the )ad Revenue rmc and also filed by the nal, Siddipet SK, J W .P.No.27251 of 2022 3 and thereafter, the Special Tribuna-l without issuing any notice to the petitioner as well as the unofficial respondents has dismissed the appeal and the same is contrary to the orders of the Division Bench of this Court in W.P.(PIL).No.20 ol 2021 dated 18.O3.2021 and the impugned order has to be set aside and remand the matter to the appropriate authority 4 On the other hand, learned Assistant Government Pleader for Revenue fairly conceded that the Special Tribunal without issuing any notice to the petitioner as well as the unofficial respondents has passed the impugned order and also not disputed the order passed by the Division Bench of this Court in W.P.(PIL) No.2O ol 2O2l dated 18.O3.2O21 and requested to pass appropriate orders.

5. After hearing both sides ald perusal of the record, this Court is of the considered view that the petitioner has filed appeal under Section 5(5) of the ROR Act, 197 I before the Revenue Divisional Officer, Husnabad. Subsequently, \ I : I I i I 4 SK, J W .P.No.27251 ot 2022 - re suit schedule r transmitted to d thereafter, in nitting the said in view of re -organi zation of the Districts. t property rvas lallen in Siddipet District ar view of ROR Act, 2O2O, the said appeal rr,,ir the Special Tribunal, Siddipet. After tral; appeal, the Special Tribuna-l without issu r petitioner as well as the unofficia_l respon ( the same and the same is cha_llenged in t petition. It clearly shows that the impugn: by the Spccial Tribunal, Siddipet is contrar z to the orders passed by the Division Bench of this Co_ -t in W.p.(pIL) No.20 of 2O2l d.ated lg.O3.2o2l and this s a fit case to remand the matter to the Appellate Authoritt I order passed ents dismissed re present writ g notice to the

6. Aftcr filing this writ petition, ROR replaced b_v the Telangana Bhu Bharati (Recc Land) Act, 2]025 and in view of the same, th: be remanded to the First Appellate Au Section 15(3) of Telangana Bhu Bharati (Rec,r Land) Act, 2O2S and. also Rule 14 of -lr Bharati (Record of Rights in Land) Rules, 202, tct, 2020 was :d of Rights in matter has to ority as per d of Rights in .angana Bhu SK, J W .P.No.27251 ol 2022 5 In view of the facts and circumstances, the Writ Petition is disposed of by setting aside the impugned order passed by the Special Tribunal, Siddipet District in Case No.F3lSpl.Tribunal/Maddur /28 I2O2I dated 02.O2.2O2| and the matter is remanded to the First Appellate Authority i.e,, .Revenue Divisional Ofhcer, Husnabad, Siddipet District, as per Se'ction 15(3) of the Telangana Bhu Bharati (Rccord of Rights in Land) Act, 2025 and also Rule 14 of Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 for conducting fresh enquiry after issuing notice and opportunity to the petitioner as well as the unofficial respondents including personal hearing and pass appropriate orders as per law. No order as to costs B. Miscellaneous petitions, if any pending in this Writ Petition, sha-ll stand closed. /TTRUE COPY/' To

1. The PrinciPal Secretary, Revenue DePartment' S'qc /.P.PONNA KRI STANT TRAR SECTION OFFICER t, HYderabad, State I I I I i i 'ill"f"sf'J1it"Ji,",:'g,Ji:i'"11?;J.olill?';ouo*"'"n 4( 6

7. PSK. GJP i1;"g;';u.,B,,3pno*u*ffi Ifi.t,,/ UE Division, SiddiPet '''"'"'r re angana a'i HIGH COURT DATED:1711212025 ORDER WP.No.27251 of 2022 ( 3 IHE Sia \ t 12 tIE 2026 z o * I Fs BATCI * DISPOSING OF THE WRIT PETITION WITHOUT COSTS I i I i 0t 1 \)-' v