Partly allowed

Sri Meda Venkata Narsimha Rao v. The State of Telangana and 4 others

Telangana HC28 Apr 2021WP/11169/2021

Case brief

AI extract

What is this about?

This order grants the petitioner liberty to appear before the Special Tribunal within ten days for a personal hearing as an exception to the Division Bench order, requiring the tribunal to consider the matter afresh and stay enforcement of the impugned decision.

What did the court decide?

Liberty granted to petitioner to appear for personal hearing within ten days; Tribunal directed to consider matter afresh; enforcement stayed.

Sri Meda Venkata Narsimha Rao Vs The State of Telangana… — Land Acquisition | Telangana HC (2021)

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H'GH COURT FOR IHE ST rto"",,i 615,;',! ifff#:,ilf^{AT HYDERABAD}

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WEDNESDAY, IHE TWENTY EIGHTH DAY OF APRiL, rwo rHousA*o nrvo rwiru,i ci#i

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PRESENT

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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wRtT PETtTtoN NO. 1 1 169 0F 2021

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Between:

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Sri Meda Venkata NarsimhaRao, S/o.China Narayana, Aged 55 years, Occ. pvt. R/o. H.No.2-1e, eriasrrran[ei Viriiii'trriigr"d;ilrv;il;r: EJIJplji E[tlBI""

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AND

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...PETITIONER

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1 The State of Telanoana rep. by its Secretary, Department of Revenue, Secretariat, Hvderabal

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2 The sp] -Tribunal under the Terangana Rights in Land and pattedar pass Book Acl, 2020. Suryapet Dist.

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3 The.Tahsildar- Nad igudem tr.,4andal, Suryapet District. 4 IVeda Dhanalaxmi, W/o Lal1 IVeda hama Rao, R/o. Eklaskhanpet Viilage, Nadigudem lt4a ndal, Survapet District. Tati,konda Sandeep.^'S/o. _Ven^{kateshwarlu, R/o. EklaskhanpetVillage,}

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Nadigudem lt4andal, Suryapet District

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.,.RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ order or direction more particularly writ of certiorari calling the records pertaining to order in Case No.F2l3839/2019, d1.0310212021 passed by the respondent No.2 and quash the same as the same is against principles of natural justice, illegal, arbitrary and against Article 300-A of Constitution of lndia. lA NO: 1 OF 202'l

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Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^{may be pleasedto} suspend the order in Case No.F2l3839/2019, dt.^{03/02/2021 passed by the} respondent No.2^pending disposal of^{writ petition.}

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Counsel for the Petitioner:^{SRI K' JAGADISHWAR REDDY}

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Counsel for the Respondent^{Nos. 1 to 3: AGP FOR REVENUE}

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Counsel for the Respondent^{Nos.4& 5:} -

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The Court made the^{following: ORDER}

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HONOURABLE^{SRI JUSTICE P'NAVEENRAO}

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UIRIT^{PETITION No.11 169 of 2O2l}

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ORDER:

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Heard learned^{counsel lbr petitionerand learned Assistant} Government Pleader^{lor Revenue}

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This writ petition is^{llleci challenging the decisionof the} Special Tribunal constituted^{under Section 16 o1' the Teiangana} Rrghrs ir-r l,.rncl and Pattadar Passbooks^{Act,2O2O(Act 9 ol 2020)} ir.i Case No.F2l3839/2019, dated 03.02.201 dismissing^the revision filed under Act 26 of 1971. The primary challenge against the order of the Special Tribunal is that before passing orders, notice was not issued and opportunity of hearing was not afforded.

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The very issue was considered by a Division Bench of this Court in WP (PIL) No. 20 of 2027. Taking note of the objections of not issuing notice and not affording opportunity of hearing by order dated \8.3.2O21, the Division Bench issuecl following directions:

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"4. It is therefore deemcd appropriate to direct that in all calses that have been transferred from Lhe re\renue courts to thc Specr:rl Tribunals n otv,,iths1alt ding anr.ordc'rs that m a,v have bcen passed b1'the Spccial Tribr-u'rals, the respondents sl'rall issue public notices calling upon parties to appear belore the Special Tribunals in cach clistrict on:r fi_xed date ald time to enablc them to m:Lke thcir submissions. Wherever a request lor a personal heerring is received from parties, passed by the Special Tribunals shall be deemed to be quashed and set aside. Fresh orders sha_ll be passed by

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the Spccial Tribunals gr'xlting a rcasonabrc opportunitv to the parties through their Ad'ocate". ol,l"'n* n"ttd either in person or aiso be afrordecr a therealter chance ro n,. .".,,,"" ""0-,11,::^"t:', if not alreaci-y filed. only "nn,^{o""n-*|,'rsslons'} be passed b'v the SpeciarJ Tribunals. Adequate ur,ro u'"t" spreacl publicity of this order shall be given bv the state three weeks to apprise all concerned parties or the "J:::'"

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In terms of the said order, the aggrieved person has to veri$, the pubiication of notice as directed by the Honble Division Bench and appear before the Special Tribunal on the date and time fixed in the notice. However, having regard to submissions made at the bar, in addition, petitioner is granted liberty to appear belore the Special Tribunal wjthin len days from the date of.receipt of copv of this order and su bmir a reqllest lor a pe rsonal hearing. Hc sl.rall obtain acknowiccigcmen t of submittrng such request. Hc shall also lurnish tire aciclress lor correspondence, mobile number anc.l e-marl address (if an_v) in the saicl requisrtion. The Special Tribunal shall maintain rccorcl ol proceedings including request made lor personal hearing, as noted above. On furnishing the information by the petitioner and r6qussg made for personal hearing, the Special Tribunal shall conduct proceedings as directed by the Hon'ble Division Bench of this Court. It shall consider the matter afresh uninfluenced by the earlier order. It is open to the parties to file written submissions before the date of hearing fixed by the Special Tribunal. Learned counsel expressed concern that the Tahsildar may undertake exercrse consequent to the impugned decision of Special Tribunal. It is hopecl and expected that no

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steps be taken bt'the^{Tahsiidarbasedon the orders of the Special} Tribr-rnerl. impugned^{hcrein,tilllresh ordersarc passedblthc} Special Tribunal as^{clirectccl lr! rhc Dir,isron Benci]:rnd in this ri ril} pctirion, Ir is marde clcar.^{this orclcr is operative or-rlv if pclitioner} compl., u'ith clirccrior-rs^{isst-tccli'Lbovc. TIlerc is tlc expressionof} opinion on meri[s anci [ltc^{sr:bn-rissiotlsarld pleas ol thc parlieszrre} prcserved.

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5, 'lhe t,rit petition is drsposed of. No cosls Mrscellaneous petitions, rf an1', pending, sland closed.

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SD/.I.NAGALAKSHMI ASSISTANT REGISTRA

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//TRUE COPY// SEGTION OFFICER

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