THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.7364 OF 2021

ORDER :

This Writ Petition is filed seeking to declare the action of the respondent Nos.2 and 3 in passing the orders in File No.D/Special Tribunal/75/2021, dated 04.02.2021 confirming the orders passed by the 4^th respondent in appeal case No.B/10/2017, dated 11.05.2018, without issuing any notice to the petitioner, without giving any opportunity of hearing to the petitioner as illegal and arbitrary and violative of principles of natural justice and also violative of Articles 14, 19, 21 and 300A of the Constitution of India and consequently to set aside the same.

2. Learned counsel for the petitioner vehemently contended that no notice has been served upon the petitioner or otherwise, no notice was issued by the Special Tribunal, which would amount to violation of principles of natural justice. He relied upon the judgment of Hon’ble Division Bench of this Court in W.P. (PIL) No.20 of 2021, dated 18.03.2021, wherein it is held as follows:

“4. It is therefore deemed appropriate to direct that in all cases that have been transferred from the revenue courts to the Special Tribunals notwithstanding any orders that may have been passed by the Special Tribunals, the respondents shall issue public notices calling upon parties to appear before the Special Tribunals in each district on a fixed date and time to enable them to make their submissions. Wherever a request for a personal hearing is received from parties, the orders passed by the Special Tribunals shall be deemed to be quashed and set aside. Fresh orders shall be passed by the Special Tribunals after granting a reasonable opportunity to the parties of being heard either in person or through their Advocates. They shall also be afforded a chance to file written submissions, if not already filed. Only thereafter shall fresh orders be passed by the Special Tribunals. Adequate and wide spread publicity of this order shall be given by the State within three weeks to apprise all concerned parties of the same.”

3. Learned counsel for the petitioner would submit that irrespective of the facts and circumstances of the case, notice ought to have been given to the petitioner to put forth his case before the learned Special Tribunal.

4. On the other hand, learned Assistant Government Pleader for Revenue, on instructions, while referring to paragraph 10 of the impugned order dated 04.02.2021 passed by the 2nd respondent, would submit that notices have been issued to the concerned parties on 21.07.2018, 18.08.2018, 15.09.2018, 19.01.2019, 30.03.2019, 27.04.2019, 17.08.2019, 02.11.2019, 30.11.2019, 21.12.2019, 01.02.2020 and finally on 22.02.2020 and

21.03.2020.

5. Opposing the aforesaid submission, learned counsel for the petitioner would submit that the Special Tribunal under the Telangana Rights in Land and Pattadar Pass Books Act, 2020 came into effect from 29.10.2020, therefore, the question of issuing any notice or receiving any notice does not arise, as such, he seeks necessary direction to the 2nd respondent to afford an opportunity of hearing to the petitioner and sought for setting aside the impugned order passed by the 2^nd respondent dated 04.02.2021.

6. Learned Assistant Government Pleader submits that the petitioner has been making consistent efforts to establish his case. He states that the land claimed by the petitioner has been used as a cattle stand for several years, a fact known to everyone in the village. He further submits that the petitioner has approached this Court twice, seeking directions to the Tahsildar, Korutla, and also to the Appellate Authority for disposal of his petitions and appeal, but has not filed any documentary evidence in support of his claim. The learned Special Tribunal also observed that although the petitioner claims the subject land as a legal representative, he cannot do so since the land was sold by his deceased grandfather back in 1976, and the land has been used for public purposes