'1. Dasari v. The State. of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be ...RESPONDENTS pleased to issue an order or direction more particularly one n the nature of Writ of Certiorari to call for the records pertaining to the impugned orcler dated 08.02.2021 passed by the respondent Tribunal in file No. ST|D1167512021 (Revision Case No 011105712020) in allowing the revision of the 5th respondent and ordering to delete the names of the petitioners from their respective e)(ti-.nts in Sy. No.200, admeasuring Ac.1-29 guntas at Kollapur village and l\1andal, Nagarkurnool District, as illegal, unlaMul, contrary to law and against thr: principles of natural justice and consequently order to dismiss the revision of the 5th respondent. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the ci -cumstances stated in the affidavit filed in support of the petition, the High Court ma y' be pleased to stay of all further proceedings in pursuant to the impugned or(ier dated 08-02-2021 passed by the 2nd respondent Tribunal in case No. ST/D1i675l202 1 (Revision case No. D11105712020) including stay of entering the name of the 5th respondent in the Dharani portal in respect of the land in Sy. No. 200, almeasuring Ac.1-29 guntas at Kollapur village and Mandal, Nagarkurnool Distric, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI M. DAMODAR REDDY Counsel for the Respondents No.1 to 4: AGP FOR REVENLTE Counsel for the Respondent Nos.S to 8: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32526 of 2O2L ORDER This r'vrit petition is filed to cail for the records pcrtaining to the impugned order dated 08.O2.202 1 passed by the 2"d respondent Tribunal in file No.ST/Dll675/2021 (Rcvision Case No.D 1/ lO57 /2O2Ol in allowing the revision of thc Sth respondent and ordering to delete the names of the petitioners from their respective extents in Sy.No.200, admeasuring Ac.1 29 gts, at Kollapur Village and Mandal, Nagarkurnool District, as illegal and arbitrary

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. Perused the materials available on record.

3. Learned counsel for the petitioners would submit that the learned Special Tribunal, Nagarkurnool District under the Telangana Rights in Land and Pattadar Passbooks Act, 197 I had passed an order dated OB.O2.2O2|, in a mechanical manner, without granting any opportunity to the petitioners and the same is i \ 2 arbitrary .u1d contraty to lau,. He u,ould lu,rther submit tl-rat t]-re order passed by the Special Tribu :l al is nu1l and

4. It is lurther- submitted that against the orcler passed by learncd Special Tribunal under Section 5(5) of the Act, 197 1, on A8.O2.2O21, the petitioners prefe-red an appeal before rcspondent No.3 on 23.08.2019. Wh j1e the matter is pending before respondent No.3, upon r:t>nstitution of the Sper:ial Tribunal under Rights in Lanci and pattadar Passbooks Act,2O2O, and as per Section 15 of the said Act, 2O2O, ail the pending cases has been Lransfcrred to the Special Tribunal r.vithout issuing anv notice to the parties. He further submits that withor_ t issuing any notice or r,r,iLhout affordir-rg any opportunitv to the parties is against the prir-rciplcs of natural justice hence would seek to set aside the order passed by the k,arned Special Tribunal and remand the matter as per the law prevailed under the provisions of the Bhu Bharati Act.

5. Learned Assistant Covernment pleader for Revenue would submit that the Special Tribunal h a s not taken I ,'/ any action in terms of directions passed by Hon'ble Division Bench of this Court in W.P. PIL No.2O of 2O21. Hence, he seel<s to pass appropriate orders

6. Having heard learned counsel for the petitioners and responden[s, this court without making any observations on the merits and demerits of the case, is of the opinion that the learned Special Tribunal had passed the order wirhout granting any opportunity to the petitioners herein and also 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 Tribunal under Section 16 of the said Act,2O2O.

7. The Hon'b1e Division Bench of this Court in W.P PIL No.20 of 2O2l upon noticing such errors has passed a detailed order on 18.03.2021 directing the authorities as under: "The respondents shall issue notice public noti.ces calling uport parties to appeor behre the Speciql Tibunals in each Distict on a ftxed date and time to enabte them to make lhelr submissions. Wlrcreuer a request for a personal t \ , i i l I i i I I I I I I i i : ,l\ 4 hertrirtl is receirr'.cl. frotrt pctrlie-s, the otders pc.rs::.'.cl bg tltr: Speool Triltunals shall be deerned to be cquashe 1 antd set n-src[e. lrresh orders sloll be passed bg ttt') SpecioL Ttiltrurrtls efter qrontinq o rectsonable oppotlLLtti.tlt to ttle pa,1ir,:; <tf l)eig lleord eil.lter tt persotL or tfut:uglt their Aduoc ttcs. T1rc11 slwtl also be offorclecl cL chot r1:'. ttt file rurlltcr -srrlrnri.s-srorts, iI tot olreaclg frle,rl. ()tLlll 'herea[tel. -s/r,r11 fr.e.s/r orders be passccl bg lle Spe,cirtL ''t''bttnals Adc(tuete and utrl.e sprtncl ytrtbliciltl of this orrlt:' sLruli be rTtett ltrl lhe .Sl.rle utltitt tlveet tt,eeks fo rtttl-r.se aLL ccttrcerrerl. porlies of the sanrc" -

8. The impugned order passed b1' the Special Tribunal or. 08.O2.2021 i.e., prior to the orlr:r passed by the Hon'ble Division Bench of this court. H lrl'ever, in the absence o[ granting any opportunity to I'tr: petrttoners and resporrdents, passing the impugned rrdcr would amount to vtolation of principles of natural .iustic:e

9. Thcrefore, this court deems it apprcpriate to set- aside thc crder passed by the learned Sp --cial Tribunal and remand the matter back to the Special Tribunal, as per the lau' prevalent, in the Teialgana Ilhu Bharati (Record of Rights in Land) Act, 2024, who rn turn shali grant opportunity to the respondent No.S and also by granting opportunity to all the parties in ac:ordance with lalv, sha1l conduct the proceedings and pa:js appropriate orders sl.rictly in accordance with law as expeditiously as ,.# 5 possible. The Status Quo granted earlier by this Court steurds vacated.

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// SD/.MOHD. ISMAIL DEPUTY REGISTRAR G SECTION OFFICER To

1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

2. The District Collector, Special Tribunal, Nagarkurnool District. 3. The Revenue Divisional Officer, Nagarkurnool Division, Nagarkumool District. 4. The Tahsildar, Kollapur Mandal, Nagarkurnool District. 5. One CC to SRI lV. DAMODAR REDDY, Advocate [OPUCI 6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUTI I

7. Two CD Copies MP I HIGH COURT DAI-lID:1910912025 U 15 [l[\ 20fr > ',<- l <_-' ^.- - . ORDER WP.No .32526 of 2021 DISPOSING OF THE I/I/RIT PETITION WII-HOUT COSTS 0r{ ,l t6