Special original jurisdiction writ petition challenging proceedings of Special Tribunal under Telangana Rights in Land and Pattedar pass Books Act, 2020 for violation of natural justice principles and lack of assigned reasons by Allahabad High Court.
Petitioner to be afforded hearing opportunity and Tribunal to pass reasoned orders within 10 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)
TUESDAY, THE SIXTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION NO: 6630 OF 2021
Betwee n:
[,4oola Vishnu Goud, S/o Shivashankar Goud Hindu, aged about 55years, Occ. Agriculture Rl/o flat No.104, Shivansai Flora Apartments Netaji Nagar, Kothapet Village, Saroornagar l/andal Ranga Reddy District.
...PET|T|ONER
AND
(R-6 not necessary party)
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndiaprayingthat in the circumstances stated in the affidavit filed therewith, theHighCourt may be pleasedto issue a writ order or moreparticularly in the nature ofthe Writ of CERTIORARI declaring theproceedings of the 2nd respondentin caseNO.ST/DS/123712021(Old CASE N;.42146/2016) Dated.0B.02.2o21,wherein the 2nd Respondent upholding the order passed by the 4rh Respondent vide No.8/364/2014Dated.01.12.2015. is illegal and arbitrary contrary to the Telangana Rights ln landAnd Pattedar pass Books Act, 2020(Act 9 of 2020) And Rules there under, isillegal, arbitrary, against the principles of naturaljustice and also contrary to theTelangana Rightsln land And Pattedarpass Books Act, 2020(Act 9 of 2020) and consequently toset aside the proceedingsof the 2nd respondent in case NO.ST/D5/123712O21(CASENO.A2/46/2016) Dated.08.02.2021 and also the orderpassed by the4th Respondentvide No.8/364/20'1 4 Dated.01 .1 2.201 5
lA NO: 1 OF 2021
Petition under section 151 cPcprayingthat in the circumstancesstated in the affidavit filed in support of thepetition,the High court may be pleased to suspend the proceedings of the 2"d respondent in caseNO.ST/D5/123712021(CASE 'XO.nZl+OiZOtO) Dated.08.02.2O2i and also the order passed by the 4th Respondent vide No.8/364/2014 Dated.0 I .12.2015,consequently to direct the 4rh Respondent to restore the name of thepetitioner in the Revenue Records in respect of land bearing sy.No. 101 admeasuringac.z.37 guntas situated atpasumamulaVillage, Hayathnagar Mandal, RangaReddy District, pendingdisposal of the main Wrii Petition
Counsel for the Petitioner: SRIS'SYAMSUNDERRAO Counsel for the RespondentNos'1 to 4 : AGP FOR REVENUE Counsel for the RespondentNos.5& 6 : - The Court made thefollowing: ORDER
l
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.6630 of 2O2L
ORDER:
This writ petition is filed seeking the follov,,ing reliel:
".,,rvrit order or more particularly in the nature of the Writ of Certiorari declaring the proceedings of the 2"d respondent in case No.ST/D5/ 1_237 l2O2t (Old Case No.A2l46l2016) Dated 08.02.2021, wherein the 2nd respondent upholding the order passed by the 4rh respondent vide No.B/364/2014 Dated 01.12.2015, is illegal and arbitrary contrary to the Telangana Rights in Land arrd Pattedarpass Books Act, 2O2O (Act 9 of 2020) and Rules there under, is illegal, arbitrary, against the principles of natural justice and also contrary to the ielangana Rights in Land And Pattedar pass Books Act,2O2O (Act 9 of 2020) and consequently to set aside the proceedings of th. 2,a respondent in case No.ST/D5/1237 /2021 (Old Case No.A2l46l2016l Dared 08.02.2021 and also the order passed by the 4'h Respondent vide No.B/364/2014 Dated Ot.1i.20t5 and pass such other orders.,,"
'2. Heard Sri S. Syam Sunder Rao, learned counsel for the petitioner and learned Assistant Government pleader for Revenue,
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"4. It isthereforedeemedappropriateto direct t].at in all cases that have been transferred from therevenuecourts to the Special Tribunals notwithstanding anyordersthatmayhave been passed by the Special Tribunals,therespondentsshall issue public notices calling uponparties toappear beforethe Special Tribunals in each district on afixed date andtime to enable them to make their submissions.Wherevera requestfor a personal hearing is received fromparties, the orderspassedby theSpecial Tribunals shall be deemedto be quashed and set aside.Fresh orders shall bepassed bvtheSpecial Tril;unalsaftergranting a reasonable opportunitt tothe parties of beingheard either in person or through their Advocates. Theyshallalso be affordcd a chance to file $,rittensubmissions,if not already filed. Onl! thereafter shall freshorders be passed bl'the SpecialTribunals' Adequate anclrvide spreadpublicityof this order shallbe given blv the State within threeweeksto apprise all concerned Partiesof the same."
7 . Consequent to the directionsissued by the Division Bench, the Government issuednotification on 09.O4.2021callingupon all the parties beforethe Special Tribunal to appear beforeit on 15th or 16rh April, 2021, torequest hearing by reopening of thecase
g. Even assuming thatpetitioner did not requestfor re-hearing, the order is not sustainableon the sole groundthat it is bereft of reasons. The matteris remandedto the SpecialTribunal'The special Tribunal isdirected to affordopportunity of hearing to both
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parties by fixing the date ol hearing in advance, consicler respective submissions and pass orders by assigning reasons in support of its decision. The entire exercise shall be completed within a period of ten (10) weeks from the date of receipt of copy of this order.
petitions, if any, shall stand closed.
SD/. K.ONESIM ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
HIGH COURT
DATED:0610712021
ORDER
STATE
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WP.No.6630 ot 2021
ALLOWING THE WRIT PETITION.
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2 issues framed by the court
Whether special tribunal violated principles of natural justice by failing to issue notice and provide hearing before dismissing the appeal?
Whether orders passed by special tribunal are valid when defective in accordance with division bench directions?
Colour shows how this judgement treated each authority
division benchFollowed¶36
WP (PIL) No.20 of 2021
[,4oola Vishnu Goud
The State of Telangana
The Special Tribunal
The Revenue Divisional Officer
The Deputy Collector and Tahsildar
Smt. B.Laxmama
P. NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
