1. Smt.yelkachenu prabavathi v. 1. The State of Telangana

4. The Tahsildar, Padara Mandal, Nagarkurnool District' 5. Smt.Kasa Ramavathi, Wife of Srisailam' Aged about 47 years' Occ' Aoriculture ano nous'enotoi r"iiaeni of Venk;tesnwaram Village, Padara Mindal, Nagarkurnool District. ...RESPONDENTS PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Gourt may be pleased to issue a Writ, order or direction, more particularly one in the nature of writofcertiorari,callingfortherecordspertainingtoorderspassedincase No.Spl.TribunayAcPT/D1t322t2o21dated28.08.2024asillegal,arbitraryand withoutjurisdictionandagainsttheordersofthisHonourableCourtpassedin W.P.No.20682 of 2O21dated 31.10 2022 and consequently quash the same' IA NO: 1 OF 2024 Petition under Section 1si cpc praying that in the circunrstances stated in the affidavit filed in support of the petition, the High court ma\/ be preased to suspend the orders passed case No.spr.Tribunar/ ACpr r D1(,2zr2o21 dated 28.08.2024, pending Cisposal of the Writ petition. lA NO:1 oF 2025 Between: Smt.Kasa Rarravathi. Wife of. Srisailam, Aged about 47 years, Occ. Agriculture and Househoto, resioenilf V"rifiXi"lnilrrram,"/iilage, padara lVandal, Nagarkurnool District. ..,PETITIONERS AND 2 3,

5. 6

1. The State of -i;lsns2n6 Department, Selr;reta-riat, ilyddrabad. J '- The District Co k:ctor, Nagarkurnool District, Nagarkurnool. Represented by its principal Secretary, Revenue "-'.. officer-cum-Revenue Divisionar offic er, Achampet, Ifirfll?ffivo Bi{l'J3ir, The Tahsildar, Padara Mandal, Nagarkurnool District. Smt.Yelkachenu prabavathi, !!ifq of Venkataiah, Aged about 49 years, Occ. Househotd, r*sident .f VenHie;il;;;;;"'uiil"",i", padara Mandat, Nagarkurnool Dir;trict. Venkataiah, So,r of paoaiah, Aged about 55 years, Occ, Agriculture, resident of venkateshwaram Viriage, pad;ra M;il;[ (;AA;;""1 Disrrict. ...RESPONDENTS Petition under rsection 15'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim ord,:r passed in wp No.306g3i2024, Dt: 05.11.2024. Counsel for the petitioner: SRI p.RAV! SHANKER Counsel for the Respondent No.1 to 4: Gp FOR REVENUE Counsel for the Respondent No.S: SRI NEELI RISHI KUMAR The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3O693 OF 2024 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is fi1ed seeking the following relief ". .. to issue a Wit, order or direction, more particulorly one in the nature of Wit of Certiorari, calting for the records pertaining to ord.ers possed in Case No.Spl. Tibunal/ ACPT/ DL/ 322/ 2021 dated 28.O8.2024 as iltegal, arbitrary, and rttithout juisdiction and against the orders of this Honourable Courl passed in W.P.No.2O682 of 2021 dated 31.10.2022 and consequentlg quash the scLme..." It is stated that the petitioner No.l and respondent No5 are 2. siblings and they are the children of Vailuri Narayana' It is further statecl thal seeking partition and possession of the lands admeasuring Ac.3.O3 gts in Sy.Nos.65l2, 3O3lA2 and 3o3/tr situated at Venkateshwaram Village, Padara Mandal, Nagarkurnool District, said to have been belonging to said V Narayana, the respondent No.S hled a suit vide O.S.No.E/ \l7Ol2Ol9 on the Iile of respondent No.3 and in view of repeal of Telangana Rights in Land and Pattadar Passbooks Act, l97l and enactment of Telangana Rights in Land and Pattadar Passbooks Acl,2O2O and in pursuance of G.O.Ms.No.4 Revenue (Assignment-I) Department dated f 2

12.O1 .20'21, the said suit was transferred to the file of Special Tribunal (R,:.uenue) and renumbered as Spl.Trrbunal/ ACm lD1/ 322/2021 arrrl the Special Tribunal (Revenue), Nagarkurnool District vide ordcr., clated 23.O 1.2021 directed the respondent No.4_Tahsildar to take ull rrn-ltation and issue pattadar pass books a 1 rd title deeds afresh as per the partition deed. It is further st:tted that in pursuancc ot- the orders dated 1g.03.2021 passecl by r:his Court in WP (PIL) No.2{t/2021, the case was reopened and notice:i were issued to all thc cffected parties and the Special Tribunal, llagarkurnool District vide ,-cier dated O1.O7.202 1 in ST/D1 /32,2i20-tl dismissed the case irclcling that the Special Tribunal is not vcsr_ed with the powers to d,:,:ide thr: issue as the subject matter perl_ains to Telangana Strrte Scheduled Areas Land Transfer Regulation, 1959 (Regulation 1of 1959) and relegated the respondent No.S to file appeal before rhe competent authority. Aggrieved bv the same, the respondent N(,.S herein hled W.p.No.2 06g2 of 2027 on the file of this Court. Tl-ris Ccurt vidc order dated 31.70.2022, had sr:t aside the order, dated Ot.OZ.2027 passed in Case No.ST/ACpT/ D j 132212021 (Appeal case No.tr/ 1 l7ol2org) and remandecr the matter to respondent IrIo.3 herein with a direction to dispose o I the same strictly in accc rdance with law by putting the parties on notice and an opportunity of hearing. After remand, the affording thert in Spl. Tribunat/ACpT /Dt / 322 /20,21 has been impugned ord,: r J passed by respondent No.3-Special Tribunal-cum-Revenue Divisional Officer, Achampet, reiterating the earlier orde r dated 23 '01 '2O2\ passed by the Special Tribunal, Nagarkurnool District'

3. The learned counsel for the petitioners. has strenuously contended that inspite ol order dated 31.10 2022 passed by this Court in W.P.No.2O682 of 2O2l directing the respondent No 3 herein to dispose of the matter strictly in accordance with law by putting the parties on notice and affording them an opportunity of hearing' the respondent No.3 without considering the documents hled by the petitioners, has passed the impugned order dated 28'08'2024 reiterating the very same earlier order, dated 23'Ol'2021 passed by the Special Tribunal, Nagarkurnool District' The learned counsel submitted that this clearly shows non-application of mind by the respondent No.3 and therefore, prayed this Court to set aside the impugned order dated 28.08.2024 by allowing the writ petition as prayed for.

4. A careful examination of the impugned order dated 28'08'2024 passed in Spl.TribunallACmlDll322 l2O2l by the respondent No.3-Special Tribunal-cum-Revenue Divisional Officer, Achampet' would reveal that except mentioning the date of order as 28'O8'2024 at the top, rest of the order is verbatim of the eariier order dated 23.O1.2021 passed in Spl.Tribun al/ ACDTlDll322l2O2l by the I 4 Special Tritru.al, Nagarkurnool District. Even the da1.e ,f signing the impugned or,ler is mentioned as 23.01,.2027. Admirteclly, t1-re earlier order dated t'i\.Ol.2O2t passed in Spi.Tribun atl AC?T /Ltl132212021 by the Sp,:c ial Tribunal, Nagarkurnool District r.r.as recalled in pursuance oi the orders dated 1E.03.2021 passed by a Division Bench of this Court in W.p. (pIL) No.20 of 20,21. Thereafter, the Spccial TriblLnal, Nagarkurnool District, has passed ,trders dated the same was assailed be fore tl.i Ls Court 11-l

01.O7.2021 rnd W.P.No.20681\ of 2021. This Court vide order datcd 31 .1O.2022 ]nad sct aside lL c 52id order dated Ol.O7 .2O21 and rlirected the respondent ,\o.3 herein to dispose of the subjcc:t case i.e, Spl.'lribunal/ A Cm I Dl i 3221 2021 in accordance rvith la rv by putting the partres orL nolice and affording them an opportunit.r of hearing. Inspite of the ,same, the respondenl No_3 has passecl tlLe impugned order daterl 2 3 .O8 .2024 reiterating the very same earlier order dated

23.O)..2021 p tssed by the Specral Tribunal, Nagarkurnool District. This shou.s thc negligent attitudc on the part of thc respcndent No.3 in discharging the quasl judicial functions. Thereforc, tL e impugned order datcd '),t\.O8.2024 passed by the respondent No.3 rs; liabie to be set aside

5. In vierv ,tf the above, this Writ petition is allou.ed and the impugned ord er dated 2g .Oa.2024 passe<l 111 Spl.Tribunal/ 5 ) ! ACET I Dl I 322 /2021 by the respondent No.3-Special Tribunal-cum- Revenue Divisional Ofhcer, Achampet is hereby set aside The respondent No.3-Smt.K.Madhavi, shail pay costs of Rs'25,0OO/- (Rupees Twenty Five Thousand only) from her personal account to the Director, Sainik Welfare, Telangana/Armed ' Forces Flag Day Fund, Telangana (Account No.52188926279, State Balk of India, Shantinagar Branch, Hyderabad IFSC: SBINOO2OOTO\, within a period of four (O4) weeks from today and a copy of the Receipt sha1l be filed in the Registry. The respondent No.3 is directed to re- adjudicate the case in Spl. Tribun allACV| lD|l322l2O2l afresh by issuing notices lo the petltioners as well as respondent No 5 and after providing an opportunity of personal trcaring and duiy taking into consideration the objections, if any, pass a reasoned order, in accordance with 1aw, within a period of three (3) months from the date of receipt of a copy of this order. Till such time, both parties shall maintain sratus quo existing as on date, in al1 respects, in respect of the subject ProPerty. As a sequel, the miscellaneous pelitions pending, if any, shall stand closed. No order as to costs MEMORAN DU M OF COSTS W.P.No. 3069 30F 2024 Rs. Ps -ii Costs Quantified by Hon'ble Court (That tn"--nJ"ponOunt No.3-Smt. K'Madhavi directed to pav costs-. of iibLin Rs.25,000/- (RuPees TwentY l-lve Thousand Onlyifrom her personal account PTO Co*'L .t'' to The Director Sainik Welfare, Tllanoana/Armed Forrx:s Flag Day Fund, Telan6ana (Account No.52'188926279, staie "gant oi lndia, :lhantinagar Branch, Hvderabad IFSC: SBlNl0020070) within a p6riod ot four (04) vr,:eks from date of disposal. TOTAL //TRUE COPY// Rs. Ps. 25,000-00 --25p0G0f SD/-K.AMMAJI STRAR DEPUTY SECTI FFICER To, of Telanqana. Naoarkurnool District. l.ThePrincipalsecretary,RevenueDepartment,secretariat'HyrJerabad'State 2 ii ; Di;t"*i dolr<:ctor, Nagarkurnool District, Nag-arkurnool' 5: iil; -tG;;/iiiiii.'i"nai-6mier-crr-R"ueriue -Divisionat officer, Achampet, +. ffi6iansitOar, Padara Mandal, Nagarkurnool District' d. +il;'Di;;r"i' sainir< W.jriiii, iErangana/Armed Forces Flas Day Fund, o one ic to sRl P.RAVI SHANKER, Advocate toBqgl.^. ;. on; cc i; sHi NEELI RlsHl KUMAR, Advocate-[oPUC] 8. i;; 66. to cp Fon nevENuE, High court frir the State ol Telangana at 9. Two CD CoPiet; Hyderabad [OLl1-] Telanoana. BSR I \ HIGH COURT DATED:1110312025 URGENT \ ORDER WP.No.30693 of 2024 l,'rti. o( 1,.-) O 11 APR f;',r" \- D^ \. " r.1(r \\ 2ffi i,)) .i. ,il ALLOWING THE WRIT PETITION, WITH COSTS \)-- q)\ 4ln{