Disposed

S. Jaipal Reddy v. The State of Telangana

Telangana HC21 Mar 2022WP/13384/2022

Case brief

AI extract

What is this about?

A writ petition challenging the non-transfer of a Relief of Rights (ROR) Appeal to a Special Tribunal constituted under the Rights in Land and Pattadar Passbooks Act, 2020. The Court directed the Revenue Divisional Officer to transfer the appeal within three weeks.

What did the court decide?

Direction to respondent No.3 to forthwith transfer the appeal pending before him to the Special Tribunal-respondent No.5 within a period of three weeks from the date of receipt of a copy of order.

S. Jaipal Reddy Vs The State of Telangana — Land Acquisition | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)

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N/ONDAY ,THE TWENTY FIRST DAY OF IVARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN^REDDY

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WRI T PETITION NO: 13384 OF 2022

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Between:

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'1 . S. Jaipal Reddy, S/o. Late S. Rathangapani Reddy Aged 44 years, Occ: Principal, R/o. Nidugurthy Village, Utkoor^{Mandal NarayanpetDistrict.}

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1. S. Chandramnemma, W/o. Late S. Balaramreddy , Aged^{67 years,} Occ: acriculture, Fyo. Nidugurthy Village,^{Utkoor Mandal NarayanpetDistrict.}

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S. Radhamma, D/o. S. Balaramreddy,^{Aged 57 years, Occ: Agriculture,} R/o. Nidugurthy Village, Utkoor lvlandal Narayanpet^District.

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S. Manjula, D/o. Late S. Balramreddy,^Aged 46^{years, Occ: Agriculture,} R/o. Nidugurthy Village, Utkoor Mandal Narayanpet^District.

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S. Krishna Veni, D/o. Late S. Balramreddy,^{W/o.Baskar Reddy, aged39} years, Occ: Agriculture, R/o. Nidugurthy Village, Utkoor [/andal Narayanpet District-

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S. Chakrapani Reddy, S/o.^late S.^{Rathangapani Reddy Aged 36. years'} Occ.:Agriculture, R/o. Nidugurthy Village, Utkoor^{Mandal NarayanpetDistrict.}

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...PETITIONERS

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AND

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The State of Telangana, rep by its Pd. Secretary,^{Revenue Department} Secretariat, Hyderabad.

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The District Collector, Narayanpet District,^Narayanapet.

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The Revenue Divisional Officer, Narayanpet,^{Narayanpet District'}

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The Tahsildar, Utkdoor Mandal, Narayanapet^District.

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Special Tribunal and District Collector,^{Narayanapet District, Narayanapet.}

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S. Bhoopal Reddy, S/o. Late S. Sai^{Reddy Aged 64 years, Occ.Business'..} F/o. Nidugurlhy Village Utkoor^{lVlandal, Narayanpet District} ,presently^residing at H.N0.6-27l l ,Srinivasa colony ,MahaboobNagar.

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,..RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High Court maybe} pleased to issue a Writ, Order or Direction more^particularly one in the^natureof

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Writ of Mandamus, declaring^{the action of the 3rd respondent in not transferring} the ROR Appeal No.^{1628 of 2020beforethe special Tribunals constitutedvide} GO Ms No.4 Revenue^{(Assignment-',l} )^{Department daled12.01.2021for hearing} of the appeals i.e., Sth^{respondent for hearing and passing the orders, keep on} pending the appeal by the 3rd^{respondent withoutconsideringthe various} representations such^{as dated 23.04.2021,3-12-2021of the petitioners is illegal,} arbitrary and against to^{the principles of natural justice and also violativeof} Articles 14, 19,21^{and 300-4 of constitution of lndia and consequentlydirect the} 3rd respondent to^{transferthe appeal before the special tribunali.e., 5th} respondent in the^{interestof justice.}

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lA NO: 1 OF 2022

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Petition under Section^{151 CPC praying that in the circumstancesstated} in the affidavit filed^{in support of the petition, the High courtmay be pleasedto} direct the respondents^{2 and 3 to transferthe RoR Appeal No. 1628 of 2020} before the Special^{Tribunal i.e', 5th respondentfor hearingand to pass} appropriate orders^{as per law as early as possible pending disposalof the above} writ^petition.

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IANO:2 OF 2022

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Petition under section^{151 cPC praying that in the circumstancesstated} in the affidavit filed^{in support of the petition, the High court may be pleased to} direct the respondents^{2 to issue possession certificate of the above lands to the} petitoners after proper enquiry at lands^{withneighboring farmersand at village} about^{possession oi the tahasanO cultivation of the lands since which period of} time in the interest of^{justice to avoid irreparable injuryto the rights of the} petitoners by restoring the entries^{to the earlier position existed beforethe illegal} mutation of ihe lands^{upon the respondent no.6 basing upon the possessionby} cancelling the^{passbooks and titled deeds and to pass appropriate orders as_ per} taw as eirty as^{possible,e circumstancesof the case. pending disposalof the} above writ^petition.

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Counsel for the Petitioners^{: SRl. S KARUNAKARREDDY}

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

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Counsel for the Respondent^{No.6 : NONE APPEARED}

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The Court made the^{following : ORDER}

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THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No. 13384 of 2022

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ORDER

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The limited grievance of the petitioners is that ROR Appeal No.1628 ol 2O2O which was filed by them on I9.O9.2O20 before the third respondent challenging the mutation proceedings issued in favour of respondent No.6 has not been transferred to the Special Tribunal constituted under the provisions of the Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the Act"). The grievance of the petitioners is that the Special Tribunal was constituted in the year 2021, but till date the Revenue Divisional Officer did not take any steps to transfer the appeal to the Special Tribunal as required under Section 16 of the Act. On account of the same, the petitioners are deprived of rights and possession in respect of the subject land. Since innocuous relief is sought by the petitioners, this Court does not deem it necessary to issue notice to respondent No.6.

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In view of the same, this writ petition is disposed of directing respondent No.3 to forthwith transfer the appe al pending before him to the Special Tribunal-respondent No.S within a period of three weeks from the date of receipt of a copy

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of order. Thereafter, the Special Tribunal shall hear the appeal by issuing notice to respondent No.6 and all other interested parties within a period of three weeks from the date of receipt of

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records from the office of respondent No.3.

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As a sequel, the pending miscellaneous applications, if any,

shall stand closed.

SD/.T.SRINIVAS

ASSISTANT REGISTRAR

E--'

//TRUE COPY//

SECTION OFFICER

To, 1. The Principal^{Secretary, Revenue DepartmentSecretariat'State of} Telangana, HYderabad.

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The D'istrici^{Cbllector,Narayanpet District, Narayanapet'}

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o.rn.n"""n,eDivisionalofficer,Narayanpet,NarayanpetDistrict.

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+. ffre fansitOar,^{Utkdoor Mandal, Narayanapet District'}

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s. spu"lui^{iriuunaland Districtcollector, Narayanapet District, Narayanapet.}

¶51

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o. " ilgh""prf^{Reddy, S/o. Late S' Sai Reddy Aged 64 years' Occ Bus.iness.'} nyo. Nioigrrtny^{viitug"Utkoor Mandal, Narayanpet Dlstrict ,presently residing} at H.NO.6-27ll,Srinivasa^{colony,MahaboobNagar'}

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o;" Ccd^{sdr. s r<nnuNAKARREDDY, AdvocateloPucl}

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;: i;; ccs to^{op FOR REVENUE ,High court for the State of relangana at} Hyderabad. [OUT]I

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Two CD^CoPies

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1o.One SPare^CoPY

SB BS

HIGH COURT

DATED:2110312022

ORDER

WP.No.13384 of 2022

v
o
31MAX2022

DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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o't

S. Jaipal Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

S. Jaipal Reddy v. The State of Telangana

Case brief

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What did the court decide?

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