Remanded

Smt Manuka Mallamma v. The State of Telangana and 10 Others

Telangana HC23 Apr 2021WP/6485/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a Special Tribunal order under the Telangana Rights in Land and Pattadar Passbooks Act for denying the petitioner an opportunity of hearing. The Court did not decide on the merits of the dispute but remanded the matter to the Special Tribunal to conduct *de novo* proceedings with notice and a hearing.

What did the court decide?

Writ petition disposed of; matter remanded to Special Tribunal to hear the matter afresh with notice and opportunity of hearing within six weeks.

Smt Manuka Mallamma Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction)

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FRIDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION NO: 6485 OF 2021

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Betwee n :

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Smt N,4anuka I/allamma, W/o Late lvl. Balaiah, Aged about 70 years, Occ: Housewife, R/o H.No.4-48, Narsingi Village, Rajendernagar Mandal, Ranga Reddy District.

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..,PETITIONER

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AND

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1 . The State of Telangana, rept. by lts Principal Secretary, Revenue Department, Secretariat, Saifabad, Hyderabad.

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The District Collector, Ranga Reddy District, Lakdi Ka Pul, Hyderabad.

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The Joint Collector, Ranga Reddy District, Lakdi Ka Pul, Hyderabad.

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The Revenue Divisional Officer, Rajendranagar Division, Ranga Reddy District. 5. The Tahsildar (MRO), Gandipet Mandal, Ranendranagar, Ranga Reddy District. 6. The Commissioner of Police, Cyberabad lvletropolitan Police, Gachibowli, Cyberabad.

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The Assistant Commissioner of Police, Cyberabad Metropolitan Police, Rajendranagar Division, Shamshabad Zone, Gachibowli, Cyberabad.

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The Station House Officer, Rajendranagar Police Station, Rajendranagar, Ranga Reddy District.

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Sri T.K Mohan Reddy, S/o Late K Gatta Raddy, Aged aboul T2 years, Occ. Agriculturist, R/o lt4y Home Vavadweepa Apadments, Teja-1 15, lVladhapur, Hydera bad.

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Sri Katta Shivaprasad Reddy, S/o T K lVohan Reddy, Aged about 39 years, Occ. Business R/o lr/y Home Vavadweepa Apartments, Teja-115, Madhapur, Hydera bad.

¶18

Sri lvlekala Veerender Reddy, S/o Ram Reddy, Aged about 48 years, Occ. Business, R/o H No.6-77,Church Gaily, Narsingi Village, Gandipet I,4andal, Ranga Reddy District

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...RES'.NDENTS

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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 jssue a Writ, more particularly one in the nature of Certiorarified Mandamus

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a) to call for the record in Case No.C1291212019, ST/D1/1871/2021 on the file of The Court of The Special Tribunal Ranga Reddy District and set aside the order dale0110212021 passed in Case No.C1291212019, ST/D111871/2021 as highly illegal, arbitrary and against the principle of natural^justice.

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b) To declare the action of the respondents herein particularly respondent 2 to 8 in interfering with the peaceful physical possession of petitioners agricultural land admeasuring Ac 3-16 Gts., in Sy.No.205/1 (New) (Old Sy. No.205), situated at Narsingi Village, Rajendranagar Mandal, Ranga Reddy District, Telangana State on the behest of unofficial respondent No. 9 to 11 without issuing notice as highly illegal, arbitrary, violation of petitioners fundamental right and against the principles of natural^justice, in consequence direct the respondents herein not to interfere with the peaceful physical possession of the petitloner wrthout following the due process of law.

il2ll

IANO:1O F 2021

Petition under section 151 CPC^{prayingthat in the circumstances stated in the} affidavit filed in support of the^{petition,the Highcourt may be pleasedto suspend} order date o\lo2l2o21^{passed in} case^{No. c1291212019,sTlDll 1871 I 2021 onthe} file of The Court of The Special^{Tribunal Ranga Reddy District without followingdue} process of law pending disposal of the main Writ^petition. lA NO: 2 OF 2021

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Petition under Section 151 CPC^{prayingthat in the circumstances stated in the} affidavit filed in support of the^{petition, the High court maybe pleased to directthe} respondents herein not to disposes the^{petitioners from the agriculturalland} admeasuring Ac 3-16 Gts.,^{in Sy. No.205/1 (New) (Old Sy. No.205), situaled at} Narsingi Village, Rajendranagar^{Mandal,Ranga Reddy District, TelanganaState} without following due^process of law^{pending disposal of the mainWritpetition.} Counsel for the Petitioner: SRI.^{MIRMUKARRAM ALI}

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Counsel forthe Respondent^{Nos.1to 5: GP FOR REVENUE}

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Counsel for the Respondent Nos.6^{to 8: GP FOR HOME}

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Counsel for the Respondent Nos.9 &10: SRI^{NARESH REDDY CHINNOLLA}

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.6485 of 2O2L

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ORDER:

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Heard learned counsel lor petitioner, learned Assistant Govcrnmcnt Pleader for Revcnue and Sri Naresh Reddy Chinnolla, learned counsel appearing for the respondent Nos. 9 and lO

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This writ petition is liied challenging the decision of the Special Tribunal constituted under Section 16 ol the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (Act 9 of 2020) dismissing the appeal in Case No. Cl2912l20i9 dated 8.2.2021 filed under the Act 26 of 1971. The primary challenge against the order of the Special Tribunal is that the order is passed without affording opportunity of hearing. This is not disputed by learned counsel for respondent Nos. 9 and 10.

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The Special Tribunal is required to fo11ow due procedure before deciding an issue placed before it. Basic requirement to decide a dispute between two parties is afford opportunity of hearing. Apparently, Special Tribunal has not issued notice of hearing and opportunily of hearing \,as not afforded. The order of Special Tribunal is not sustainable on this ground alone.

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The very issue was considered by a Division Bench of this Court in WP (PIL) No. 20 of 2021. Taking note of the objections of not issuing notice and not affording opportunity of hearing by order dated 1g.3.2021, the Division Bench issued following directions:

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"4. It is therefore deemed appropriate to direct that in all cases that have been transferred from the revenue courts to the Special Tribuna"ls notwithstanding any orders that may have been passed by .the Special Tribunals, the respondents shall issue public notices calling upon parties to appear before the Special Tribunals in each district on a fixed date and time to enable them to make their submissions. Wherever a request for a personal hearing is received from parties, passed by the Special Tribunals shalibe deemed to be quashed and set asicie. Fresh orders shall be passecl by the Special Tribunals after granting a reasonable opportunity to the parties of bcing heard cither in person or thiough their

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Advocates. Tl.rey sh:r1l also be affordecl a chance to fiie written submissions, il not alre:rdv filed. Only thereafter shall fresh orders

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be passed by^{the Speciai Tribunals'Adequate and wide spread} p"ti[f,v "iifli.^{ordershall be given by the State withinthree} iu""k" tl apprise^{a,ll concernedpartiesof the same"}

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Since the^{order of SpecialTribunal is not sustainableon the} ground of denial^{of opportunity ol hearing, the u'rit petitionneed not be} kept pending.^{It is madeclear that no decision is made on merits'}

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With the consent^{of both Counsel, the Writ Petition is disposed of} and the^{matteris remanded to the Special Trlbunal to hear the matter} afresh. The^{SpecialTribunal is directed to issuenotice in advance'Iixing} the date of^{hearing,give opportunityof hearing to both parties'consider} their respective^{submissions,uninfluencedby earlier orders' and pass} reasoned order.^{The entireexercise sha1l be completedwithina period of} six weeks from the^{date of receipt of copy of this order' Pending} miscellaneous^{petitions, if any, shall stand closed'}

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SD/. K.ONESIM ASSISTANT^REGISTRAR a, //TRUE COPY' SECTION OFFICER

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to'', . ,n" Principal Secretary Revenue Depafiment' State of Telangana Secretariat' Saifabad. Hy^derabad di Ka^{pul. Hyderabad.}

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z i[" oiiirlctbollector'^{Ranga Reddv District'Lak} 5 +ii; i;;;i'eorr".i"i^{R;;ii"R"i;t6istrict Lakdi,KaPul Hvderabad'} 4, The Revenue^{Oivisionlt'Cjttice r Ralendranagar Division'R-anga Reddy District} 5. The Tahsitdar tvrno^{j,tJni,p"iHrri"iorr.Raiendranaoar.Ranqa Reddy District} 6. The com^{m issione r o'i p"Ji;.'ci6";bidMetropoI ita n-PoI ice.G achi bowli} Cvberabad.

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?. iil;"A;;i:i;nt^{Commissioner of Police'-Cvberabadtt/letropolitan Police'} Ralendranagar^{oiri.it",i,s'n:jtli-'Jn'o'zo'"""Gachibowli' Cvberabad'}

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1. The Station uorr"^{i[ii"i,'R;j;;;;;;rs;i-ColiceStation, Hajendranagar,Ranga} Reddv District.

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e. 6;; iC6^{5ii Hltit vt,t u"'m Ali, Advocate[oPUC]} io.i";" 66.^{to-cCior. nu,"nJ",rli'gh court roi the stateof Telanganaat} Hvderabad. [OUTI

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11'TwoCCstoGPforHome,HighCourtfortheStateofTelanganaatHyderabad. IOUT]

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r z. b-ne dC to^{Sri Naresh ReddyChinnolla' AdvocateIOPUC]} 13.Two CD^CoPies

CHR

HIGH COURT

DATED:2310412021

ORDER

W.P.No.6485 of²⁰²¹

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¶58

DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS

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Smt Manuka Mallamma v. The State of Telangana and 10 Others

Case brief

What is this about?

What did the court decide?

Smt Manuka Mallamma v. The State of Telangana and 10 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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