Telangana High Court
A. Immaniyel And 69 Others vs The State Of Telangana And 7 Others on 22 November, 2022
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.42176 of 2022
ORDER:
This writ petition is filed for the following relief:
".......to issue any writ, order of direction, more particularly one in nature of Writ Mandamus declaring the inaction of the respondents particularly the respondent No.4 in referring or transferring the ROR Appeal Case No.A/1598/98, preferred by the respondent Nos.6 to 8 herein under Section 5-B of A.P. Rights in Land and Pattadar Passbooks Act, 1971, against the orders, dated 06.04.1999 passed by the respondent No.5 U/s.5-A, in File No.H/4852/93, by regularising the un-registered Sale Deed and Gift Deed, dated 19.02.1961 and 25.05.1961, respectively in respect of lands total admeasuring Ac.12-30 gts., in Sy.Nos.85 and 86, situated at Anantapur Village, Gadwal Mandal, Jogulamba-Gadwal District, as illegal, arbitrary, apart from being in gross violation of principles of natural justice and contrary to the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020"
2. The limited grievance of the petitioners in this Writ Petition is that the respondent No.4 in referring or transferring the ROR Appeal Case No.A/1598/98, preferred by the respondent Nos.6 to 8 herein in respect of 2 SK, J W.P.No.42176 of 2022 the land admeasuring Ac.12-30 gts., in Sy.Nos.85 and 86, situated at Anantapur Village, Gadwal Mandal, Jogulamba-Gadwal District.
3. It is the case of the petitioners that pursuant to the enactment of the Telangana Rights in Land and Pattadar Passbooks Act, 2020, the respondent No.4 ought to have taken steps to transfer the ROR Appeal Case No.A/1598/98 to the respondent No.2-Special Tribunal, headed by the District Collector, after formation of new Jogulamba-Gadwal district.
4. As the limited relief is sought by the petitioners for transferring the ROR Appeal, this Court is of the view that notice to respondent Nos.6 to 8 may not necessary.
5. In view of the above, the writ petition is disposed of, directing the respondent No.4 to forthwith transfer ROR Appeal Case No.A/1598/98 filed by the late father of the respondent Nos.6 to 8 to the respondent No.2-Special Tribunal headed by the District Collector as required under Section 16 of the Telangana Rights in Land and 3 SK, J W.P.No.42176 of 2022 Pattadar Passbooks Act, 2020, within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of the same, the Special Tribunal headed by the District Collector, Jogulamba-Gadwal district shall dispose of the appeal, as per law, within a period of eight (8) weeks thereafter, after issuing notice to the Petitioner and the Respondent Nos.6 to 8 by conducting necessary enquiry in accordance with the provisions of Act, 2020.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
7. Pending miscellaneous applications, if any, shall stand closed.
_____________________ JUSTICE K.SARATH 22.11.2022 bb