Telangana High Court
K. Hanumantha Rao vs The State Of Telangana on 29 June, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.12834 of 2021
Date: 29.06.2021
Between:
K.Hanumantha Rao S/o.Late Ramakrishnaiah
Aged about 55 years, occ:Business,
R/o.101, Prashanthinilayam, GK Colony,
Sainikpuri Post, Secunderabad-500056.
.....Petitioner
And
The State of Telangana,
rep by its Principal Secretary to the
Revenue Department,
Government of Telangana State,
O/o.at Secretariat office, Government of
Telangana State, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.12834 of 2021
ORDER:
This writ petition is filed to grant the following relief:
".....to issue a Writ, Order or Writs Order or Orders more particularly one in the nature of Mandamus thereby declaring the inaction of the official Respondent No.2 herein on the representations dt.11.05.2021 and 19.05.2021 made by the petitioner, as illegal, arbitrary and against the principles of natural justice and consequently directing him to either numbered the appeal filed by the petitioner under Section 5 (5) of R.O.R. Act on 30.08.2019 against the proceedings No. B/899/2016, dated 10.06.2016 on the file of Tahsildar Alwal Revenue Mandal (Previously on the file of Tahsildar, Malkajgiri Revenue Mandal) Medchal-Malkajgiri District (respondent No.3 herein) passed in favour of the Respondent No.4 in respect of land admeasuring Ac.24-14 guntas in Survey Nos 52, 53 and 54 situated at Kowkoor Village, Alwal Mandal, Medchal- Malkajgiri District or transmitted the said appeal filed on 30-08-2019 to the newly constituted Revenue tribunal situated at Medchal-Malkajgiri District Collector office, and to pass such other order or orders that are deem fit and proper in the circumstances of the case."
2. Heard Sri Pushadapu Subba Rao, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.
3. By orders dated 10.06.20216, the Tahsildar Malkajgiri Mandal granted mutation of name of fourth respondent as pattadar on land to an extent of Ac.9-35 guntas in survey No.52/A, Ac.11-11 guntas in survey No.53/A and Ac.3-08 guntas in survey No.54/A of Kowkoor Village. Aggrieved thereby the petitioner preferred appeal under Section 5 (5) of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (Act 26 of 1971). Alleging that said appeal is not disposed of till date, this writ petition is filed.
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4. Along with I.A.No.2 of 2021, the petitioner enclosed photocopy of appeal stated to have been filed by him before the appellate authority. The photocopy does not contain any acknowledgment of filing of appeal. However, learned counsel for the petitioner asserts that he has personally verified the record of the Revenue Divisional officer (R.D.O.) and on verification, it was found that the appeal was received by the office of R.D.O. but the same was not taken-up.
5. However, in supersession of the Act, 1971, the Act 9 of 2020 is promulgated by the State. The Act 9 of 2020 do not envisage redressal mechanism in the form of appeal or revision as contemplated by the Act 26 of 1971. However, Section 16 contemplated the constitution of the Special Tribunal to consider the appeals/revisions pending as on the date of notification of the Act 9 of 2020, filed under the Act 26 of 1971.
6. Having regard to the submissions made by the learned counsel for the petitioner and in view of the provision in Section 16 of the Act 9 of 2020, writ petition is disposed of directing the second respondent-R.D.O. to verify his records to know whether appeal was preferred by the petitioner aggrieved by the orders of Tahsildar dated 10.06.2016 and if such appeal was received by the office and not disposed of before the Act 9 of 2020 came into effect, he shall transmit the record to the office of District Collector, Medchal-Malkajgiri. On receiving the record from the second respondent-R.D.O., the District Collector, Medchal-Malkajgiri shall place the appeal before the Special Tribunal constituted under Section 16 of the Act 9 of 2020. The Special Tribunal shall take-up -4- the appeal by following due process, by fixing date of hearing, affording opportunity of hearing to both parties and pass orders assigning reasons in support of the decision.
7. On the contrary, on verification of the records by the office of R.D.O., if it is found that no such appeal was preferred or though appeal was preferred it was disposed of even before coming into effect of the Act 9 of 2020, the second respondent shall intimate the petitioner about said fact within four weeks from the date of receipt of a copy of this order. If order is already passed on the appeal preferred by the petitioner, copy of the order be communicated to him. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 29.06.2021 Nvl -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12834 of 2021 Date:29.06.2021 Nvl