THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1586 OF 2022

ORDER :

The present writ petition is filed by the petitioner for the following relief :

“….to issue an order or direction more particularly on in the nature of Writ of Certiorari and call for the records and quash the order of the respondent No.2 Tribunal passed in Special Tribunal Case No.E3/SPL.TRIBUNAL/671/2021, (RDO, Warangal, Urban Appeal File No.A/5506/2017), dated 28.06.2021, in respect of the land in an extent of Ac.1.00 Gts., in Sy.No.706/B/1, Ac.1.00 Gts., in Sy.No.706/B/2, Ac.1.00 Gts., in Sy.No.706/B/3, Ac.1.00 Gts., in Sy.No.706/B/4, and Ac.2.00 Gts., in Sy.No.706/B/5, total admeasuring Ac.6.00 Gts., situated at Yelukurthy Revenue Village, Dharmasagar Mandal, Warangal Urban District (Erstwhile Warangal District) as illegal, arbitrary and against the principles of natural justice and violative of Articles 14 and 300-A of Constitution of India and consequently allow the Revision in Special Tribunal Case No.E/SPL./TRIBUNAL/671/2021 (RDO, Warangal Urban Appeal File No.A/5506/2017) as prayed for….”

2. Heard Sri Papaiah Peddakula and Sri Hingolekar Rakesh Kumar, learned Assistant Government Pleader appearing on behalf of Government Pleader for Revenue Sri K.Muralidhar Reddy. Though notice has been served on the respondent Nos.6 to 10, none appeared on their behalf.

3. It is submitted by learned counsel for the petitioner that the petitioner is the absolute owner and possessor of land admeasuring Ac.6-08 guntas in Sy.No.706 of Yelukurthy Revenue Village, Dharmasagar Mandal, Warangal Urban District (Erstwhile Warangal District), having acquired the same through partition of ancestral properties. The said survey number was subsequently sub-divided into Sy.Nos.706/B/1 to 706/B/5. Upon approaching the revenue authorities in 2017, the petitioner came to know that respondent Nos.6 to 10 had illegally mutated their names over an extent of Ac.6-00 guntas in Sy.Nos.706/B/1 to 706/B/5 based on an unregistered and fabricated sale deed dated 10.02.1984. The petitioner categorically denies execution of any such deed and alleges forgery of his signature, purportedly during his absence from the village due to his employment in abroad. Mutation was carried out without issuance of any notice to the petitioner, contrary to the provisions of Section 5(3) of the ROR Act. The petitioner initiated criminal proceedings, resulting in registration of FIR No.224/2019 of Dharmasagar Police Station. Subsequently, the petitioner filed Appeal No.A/5506/2017 before the Revenue Divisional Officer, which was later transferred to the Special Tribunal under the Telangana Rights in Land and Pattadar Passbooks Act, 2020, and renumbered as Case No.E3/SPL.TRIBUNAL/671/2021. The Tribunal, without issuing notice or conducting a proper enquiry, dismissed the appeal by order dated 01.02.2021 and the review petition filed thereafter was also dismissed on 28.06.2021. The learned counsel further contends that both orders are cryptic, non-speaking and passed without consideration of the contentions raised, thereby violating the principles of natural justice and the petitioner's constitutional rights under Articles 14 and 300-A of the Constitution of India. It is further submitted that taking advantage of the impugned orders, Respondents Nos.6 to 10 are attempting to alienate the subject property, thereby necessitating appropriate protective directions from this Court.

4. On the other hand, the learned Assistant Government Pleader contended that the petitioner’s case was thoroughly examined by the Special Tribunal, after affording ample opportunity of hearing, including in the review application and that orders were passed in accordance with law. Hence, the indulgence of this Court is not warranted.

5. Having heard the rival contentions advanced by both parties and upon perusal of the material available on record, including the representation made by the petitioners and the orders referred to above, it is