Telangana High Court
Kandada Mafia Reddy vs State Of Telangana on 11 February, 2021
Author: P.Naveen Rao
Bench: P. Naveen Rao
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.2645 OF 2021
Date:11.02.2021
Between:
Kandada Malla Reddy, S/o. Late Krishna
Reddy, aged about 52 years, Occ: Agriculture,
R/o. Kawadipally Village, Abdullapurmet
Mandal, Ranga Reddy District, Telangana State .. Petitioner
And
State of Telangana, rep., by its
Principal Secretary, Revenue Department,
Secretariat Buildings, Hyderabad and others .. Respondents
The Court made the following:
2
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.2645 OF 2021
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for respondents 1 to 6. With the consent of both the learned counsel, the writ petition is disposed of at the admission stage.
2. According to petitioner, the Tahsildar, Abdullapurmet Mandal, respondent No.6, without verifying the earlier proceedings issued by him on 12.06.2018 passed orders of succession in favour of Smt. Kandada @ Poreddy Balamma, wife of Late Narayan Reddy in File No.B/923/2019, dated 02.07.2019. Aggrieved thereby, petitioner and his family members filed appeal under Section 5 (5) of the Act 26 of 1971 before the Revenue Divisional Officer, Ibrahimpatnam Division, respondent No.5. The appellate authority numbered the appeal as ROR.Case No.A2/1626 of 2019 and is pending consideration of the appellate authority. The Act 26 of 1971 is superseded by the Act 9 of 2020. The Act 9 of 2020 has not envisaged remedy in the form of appeal or revision as was provided in the Act 26 of 1971. However, Section 16 of the Act 9 of 2020 envisages constitution of Special Tribunal to consider the pending appeals/revisions. Giving effect to this provision, the Government notified the Telangana Rights in Land and Pattadar Passbooks (Special Tribunal) Rules, 2021 vide G.O.Ms.No.4, Revenue (Assignment-I) Department, dated 12.01.2021. Accordingly, the Special Tribunal is also constituted in Ranga Reddy District. According to petitioner, the appeal filed by him was 3 also transferred and is pending consideration of the Special Tribunal.
3. The petitioner apprehends that the Special Tribunal disposes of the appeal filed by him without giving opportunity of hearing and such decision is ex facie illegal. The basis of this apprehension is a notice issued by the Special Tribunal on nil.01.2021 in Case No.ST/D5/23/2021 fixing the date of hearing as 22.02.2021. He contends that similar notice is not issued, whereas as per the Rules notified vide G.O.Ms.No.4, dated 12.01.2021, the Special Tribunal is required to dispose of the pending appeal within 30 days. Petitioner therefore apprehends that the Special Tribunal is going to pass orders without affording opportunity of hearing and the same is illegal, arbitrary and unconstitutional.
4. Thus, even according to learned counsel for the petitioner and the averments made in the affidavit filed in support of the writ petition, so far the decision made by the Special Tribunal on the appeal preferred by the petitioner is not communicated to him, but petitioner only apprehends that there is a possibility of Special Tribunal disposing of the appeal and the reason for apprehension and assumption is, notice is issued in the other case pending before the Special Tribunal, whereas so far no notice is issued in the present case. In other words, petitioner apprehends that the Special Tribunal will arbitrarily act in deciding the appeals on its own without following due process.
5. According to learned counsel for the petitioner, appeal preferred by the petitioner was transferred to the Special Tribunal 4 on 16.01.2021 and is pending consideration of the Special Tribunal.
6. Rule 4 of the Rules notified vide G.O.Ms.No.4, dated 12.01.2021, deals with the sitting of Tribunal and Rule 7 deals with the procedure and power of the Tribunal as specified in Section 13 of the Act 9 of 2020. Section 13 of the Act gives power to the Special Tribunal to deal with the proceedings before the Special Tribunal by following the procedure laid down in the Code of Civil Procedure.
7. Ex.P4 filed at page No.25 of the writ petition paper book also reflects that the Special Tribunal issued notice to the parties in the concerned case. Thus, it cannot be assumed, at this stage, that the Special Tribunal of Ranga Reddy District decides the case of the petitioner without putting him on notice and without affording opportunity. Therefore, the cause in the writ petition as of now is premature. However, it is needless to observe that the Special Tribunal shall also follow the procedure as mandated by the Rules notified vide G.O.Ms.No.4, dated 12.01.2021, and the Act 9 of 2020, while considering the appeal preferred by the petitioner.
8. The writ petition is accordingly dismissed. Pending miscellaneous petitions shall stand closed.
___________________ P.NAVEEN RAO, J Date:11.02.2021 KH 5 THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.2645 OF 2021 Date:11.02.2021 KH