Trustee appealed to Special Tribunal against Non-transfer of initial appeal by Receiver Officer
Directed petitioner to file online application via Dharani Portal within two weeks; authorities to dispose on merits within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
I\4ONDAY, THE THIRTEENTH DAY oF SEPTEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION NO 21354 0F 2321
Between:
Kanudukuri Ahalya,. -W/o Srinivas, Aged about 44 years, Occ. House wife, ruo srirangapuram Village, Nadigudem Mandar, Suryapet O,o,'o.l.HEp,!,l;|i,L*
AND
..neSpOf,fOeNfS
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in not transferring the appeal daled 27 .12.2019 to the 2nd respondent is illegal, arbitrary, contrary to the provisions of relangana state Rights in Land and Pattadar Pass Book Acl 2o2o and as well as the blatant violation of the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents to transfer the appeal of the petitioner to the 2nd respondent and mutate the name of the petitioner the land in Sy Nos. 403/7, 28212, an extent Ac. 02.90 cents and Ac. 0.20 guntas respectively situated at Srirangapuram Village, Nadigudem Mandal Suryapet District ( Nalgonda ).
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to take the petitioner appeal dated 27.12.2019 by allowing the same and to mutate the name of the petitioner the land in Sy Nos. 40317, 28212, an extent Ac. 02.90 cents and Ac.0.20 guntas respectively situated at Srirangapuram Village, Nadigudem Mandal Suryapet District ( Nalgonda ) forthwith pending disposal of the above writ petition.
Counsel for the Petitioner: SRI A. JAGAN Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: -
The Court made the following: ORDER
THEHON'BLE SRI JUSTICEA'ABHISIIEKREDDY WRITPE TITION No.2L354of202l
ORDER:
actionof the resPondent Thiswritpetitionis filed challenging the by the Petitioner'dated No.3in not transferringappealprefened 27.12.201gtothe respondentNo 2' as illegal and arbitrary Heard thelearned counsel for the petitionerandthe learned GovernmentPleader for Revenue for respondents With their consent' the Writ Petitionis disposed of at the admission stage'
LearnedGovernment Pleader states thatif the petitionermakes an application,ventilatingher grievance' throughonJine in DharaniPortal' the samewill be considered and necessary orderswill be passed by the authoritiesconcerned' in accordance with law
Havingregard to the CCLA's Circular No 1/2021'dated 15 01 2021 issuedby the Chief Commissionerof Land Administration' withoutgoing into themerits or demeritsof the case' the writ petition is disposedof directingthe petitionerto file an online applicationthrough Dharani Portal beforethe Collector concerned within a periodof two weeksfrom the date of receiptof a copyof this order' On such application beingfiled ' the respondentauthoritiesshall dispose of the same strictly on merits as expeditiouslyas possible'preferably'within a period of four weeks thereafter.A copy of the orders that may be passed by the respondent authoritiesshall be communicatedto the petitioner'
Pendingmiscellaneouspetitions'if any' shall stand closed There
shall beno orderas to costs'
SD/- I. NAGALAKSHMI AS.ISTANTREGISTRAR
\//
//TRUECOPY//
SECTIONOFFICER
\
1 . ThePrincipal Secretary' Revenue Department' State of Telangana' Secretariat Buildings'
To,
i $: bcilSSlill;i:uls::llllSI#,!L' 'n" stateor reraneanaat Hvderabadrourl 7. TwoCD CoPies 8. OneSPare CoPY MP *H-\ TP
HIGH COURT
DATED: 1310912021
ORDER
1 HE 5;A
Y ()6
Tr<br>Jo )' !l
J 2t sEPzCI2l
,i'll
l,\ 'y'
rJftrr:,n i .: \ ,,(9 *4
WP.No.21354 of 2021
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
..,
2_b
2 issues framed by the court
Whether the action of the Revenue Divisional Officer in not transferring the appeal to the Special Tribunal is illegal, arbitrary, and a violation of the Telangana State Rights in Land and Pattadar Pa
Whether the petitioners should be directed to follow the procedure under CCLA Circular No 1/2021 by filing an online application through the Dharani Portal.
3 provisions across 3 enactments
Kanudukuri Ahalya
The State of Telangana
The Special Tribunal
The Revenue Divisional Officer
The Tahsildar
Kandukuri Srinivas
Justice A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
