THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.20044 of 2021

ORDER

This writ petition is filed seeking of an appropriate

writ call for records and quash the orders passed in Case No. ST/D1/2021, A2/2690/2016, dated 05.02.2021 passed by the Special Tribunal Ranga Reddy, constituted under Record of Rights in Lands and Pattadar Act, 2020 as the said orders are passed without issuing a notice to the petitioners, without giving any opportunity of hearing to the petitioners and without looking into the records and without looking into the impugned order in the case and the appeal is filed by the petitioners is nothing but illegal and violative Articles 14, 19, 21 and 300A and violative of the Telangana Rights in Land and Pattadar Passbooks Act,

2020.

2. Heard Sri K.Venumadhav, learned counsel for the petitioners, H.Rakesh Kumar, learned Assistant Government Pleader for Revenue, Mr. Mahesh, learned counsel representing Mr. Mohd Gulam Hyder for respondent No.5, Mr. Nagam Srinivas Reddy for respondent

No.6 to 9 and Mr. Dida Vijaya Kumar, learned counsel for respondent Nos. 10 and 11. Perused the materials available on record.

3. Learned counsel for the petitioners and learned counsel for respondent Nos.10 and 11 in one voice would submit that the learned Special Tribunal, Ranga Reddy District under the Telangana Rights in Land and Pattadar Passbooks Act, 1971 had passed an order dated 05.02.2021, in a mechanical manner, without granting any opportunity to the petitioners and respondents and the same is arbitrary and contrary to law.

4. It is further submitted that against the order passed by learned Special Tribunal under Section 5(5) of the Act, 1971, on 05.02.2021, the petitioners preferred an appeal before respondent No.3 on 11.03.2016. While the matter is pending before respondent No.3, upon constitution of the Special Tribunal under Rights in Land and Pattadar Passbooks Act, 2020, and as per Section 16 of the said Act, 2020, all the pending cases has been transferred to the Special Tribunal without issuing any notice to the parties, learned Special Tribunal had dismissed the order stating that the petitioners constituted the proceedings after lapse of more than five years and without filing any condone delay. He further submits that without issuing any notice or without affording any opportunity to the parties is against the principles of natural justice, hence would seek to set-aside the order passed by the learned Special Tribunal and remand the matter as per the law prevailed under the provisions of the Bhu Bharati Act.

5. Appearing online, learned counsel for respondent No.5 would submit that respondent No.5 died, therefore, the opportunity has to be given to the legal heirs of respondent No.5 and without bringing legal heirs of respondent No.5 on record, passing of orders would amount to perversity, hence would seek to pass appropriate direction to the respondent authorities.

6. Learned counsel for respondent Nos.6 to 9 would submit that the Special Tribunal after giving ample opportunities to the parties, has rightly dismissed the appeal by confirming the orders of the Tahsildar, dated

12.01.2016.

7. Having heard learned counsel for the petitioners and respondents, this court without making any observations on the merits and demerits of the case, is of the opinion that the learned Special Tribunal had passed the order without granting any opportunity to the petitioners and respondents herein and also erred in understanding that the appeal has been filed before respondent No.3 and by virtue of new enactment i.e., the Telangana Rights in land and Pattadar Passbook Act, 2020, all the pending cases before the respondent No.3 have been transferred to the Special Tribunal under Section 16 of the said Act, 2020.

8. The Hon’ble Division Bench of this Court in W.P. PIL No.20 of 2021 upon noticing such errors has passed a detailed order on 18.03.2021 directing the authorities as under:

“The respondents shall issue notice public notice