Allowed

Arva Veera Reddy v. The State of Talangana and 2 others

Telangana HC6 Jan 2023WP/46143/2022

Case brief

AI extract

What is this about?

The High Court at Hyderabad quashed an endorsement by the Addl. Collector instructing a revenue revision petitioner to seek court redress, ruling it violated the mandatory transfer provisions for pending cases to Special Tribunals under the Telangana Rights in Land and Pattadar Passbooks Act, 2020.

What did the court decide?

The impugned endorsement dated 06.12.2022 was set aside; the Special Tribunal is directed to consider the revision within three months.

Arva Veera Reddy Vs The State of Talangana and 2 others — Land Acquisition | Telangana HC (2023)

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[³¹⁶⁸ ]

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

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FRIDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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:PRESENT:

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THE HONOURABLE SRI JUSTICE K,LAKSHMAN wRlT PET|TION NO: 4614tOF 2022 .,//

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Between:

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Arva Veera Reddy, s/o Narayan Reddy, aged 60 yrs, occ: Agrl, r/o Sundrapuram h/o Kakumur village, Keshampet mandal, Ranga Reddy district. ...Petitioner

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AND

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The State of Talangana, rep. by its Prl.Secretary, Revenue Department, Secretariat, Hyderabad.

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2 The Disrict Collector, Ranga Reddy district .

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3 The Addl. Collector Rev., formerly Joint Collector, Ranga Reddy district. ... 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 may be pleased, by writ of mandamus, declaring the Endorsement of the 3rd respondent Addl. Collector Ranga Reddy district in Lr.No D11426412017 dated 06-12-2022 as illegal, failure of exercise of^jurisdiction and unconstitutional and set aside the same, by directing the District Collector and Additional Collector (Rev) to call for the Revision of the petitioner in Revision Case No 4264 of 2017 pending on the file of the then Joint Collector Ranga Reddy district to the Revenue Tribunal Ranga Reddy District and takeup enquiry for final adjudication as per law.

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lA NO: 1 OF 2022

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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_be-pleased to direct the respondents 2 and 3 to call for the records in Revision case of the petitioner in D11426412017 to the Revenue Tribunal Ranga Reddy district.

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Counsel for the Petitioner: SRl. V HANUMANTH RAO

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Counsel for the Respondent No.1 to 3: GP FOR REVENUE

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The Court made the following: ORDER

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I{ON'I}LE SRI JUS'I'ICE K. LAKSHMAN

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WRI't PET'ITION No.46143 OF 2022

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0RAL ORDIIIt:

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Heard leamed counsel lor the petitioner and leamed Govemment Pleader lbr Revenue rrppearing on behallofthe respondents.

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The petitiorler herein had filed a revision under Section -9 of A.P. ROR Act, 1971 dated 14.09.2017 challenging the order dated 12.09.2017 olthe Revenue Divisional Officer, Shadnagar. Initialty, the said revision was filcd before the.loint Collector, Ranga Reddy District at Hyderabad

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During pendencl, of the afbresaid revision, the State of 'lelangana has prom rlgated the'l.clangana Rights in Land and Pattadar Passbooks Act,202tl vide Act 9 of 2020, dated 19.09.2020. As per Section 16 of the aforesaid A,ct, 2020, Special Tribunals were constiluted and on constitution o1- such^'fribunals and on such repeal, all the pending Appeais and Rel'ision Cases under the provisions of Telangana Rights in t....nci and Fattadar Pass Books Act, 197 I shail stand translbrreci to the Special l iiburrals. Therefore, vicle rnemo dated 26.11.?-022, the petiticner requesred r-espondent No.3 to decide the atbresaid revision tllccl under Section - 9 of the Old Act in accordance

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KL.] w l' No {6141 of2022

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with law. Vide impugned endorsement dated 06.12.2022, respondent No.3 despite refening to the aloresaid revision dated 14.09.20 l7 and the memo dated 26.11.2022 and also constitution of Special T'ribunals in terms of Section - 16 of the Act, 2020 vide G.O.Ms.No.4 of Revenue (Assignment-l) Department, dated 12.01 .2021, inflormed the petitioner that at present there is no provision to take up the cases in Special Tribunal. Thus, respondent No.3 advised the petitioner to approach competent Court for redressal of his grie.zance.^'Ihe aforesaid endorsement dated 06. 12.2022 of respondent No.3 is contrary to the procedure laid down under the Act,2020, more particularly Section - 16. The said endorsement is illegal.

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Therefore, vide order dated 28.12.2022 this Court directed the Additional Collector (R), FAC Ranga Reddy District to appear belore this Court to explain as to on what basis he has issued the aforesaid endorsement. In compliance of the said order, Mr. S. Thirupathi Rao, Additional Collector (R), (FAC) Ranga Reddy District is present in person. He would fairly admit that he has issued the aloresaid endorsement by rnisunderstanding the provision and also the^procedure. He would further submit that the Special Tribunal, Ranga Reddy District

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KI,.J W t' No 46143 of2022

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is yet to receive the said revision fronr the Joint Collector, Ranga Reddy

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District and that resp,rndent No.l^w ill get the same for disposal.

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l tt

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In view of the aforesaid discussion, the impugned endorsement \ Lr.No.Dl/426412017, dated 06.12.2022 of respondent No.3 is set aside.

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The Special Tribunal, Ranga Reddy District is directed to consider the aforesaid revision filed by the petitioner under Section - 9 of the Old Act, 197 l, dated 14.09.2017 challenging the order in file No.B/ROR/186512011, dated 12.09.2017 of the Revenue Divisional Officer, Shadnagar Division and dispose of the same strictly ln accordance with law by putting the petitioner and respondent Nos.l to 20 therein on notice alid aflbrding them an opportunity ol hearing. As discussed above, the said revision was filed on 14.09.2017, the Special Tribunal, Ranga Ileddy District is directed to dispose of the aforesaid revision within three (03) months ltom the date of receipt of copy of this order.

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