THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32526 of 2021

ORDER

This writ petition is filed to call for the records pertaining to the impugned order dated 08.02.2021 passed by the 2nd respondent Tribunal in file No.ST/D1/675/2021 (Revision Case No.D1/1057/2020) in allowing the revision of the 5^th respondent and ordering to delete the names of the petitioners from their respective extents in Sy.No.200, admeasuring Ac.1-29 gts, at Kollapur Village and Mandal, Nagarkurnool District, as illegal and arbitrary.

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. Perused the materials available on record.

3. Learned counsel for the petitioners would submit that the learned Special Tribunal, Nagarkurnool District under the Telangana Rights in Land and Pattadar Passbooks Act, 1971 had passed an order dated 08.02.2021, in a mechanical manner, without granting any opportunity to the petitioners and the same is arbitrary and contrary to law. He would further submit that the order passed by the Special Tribunal is null and void.

4. It is further submitted that against the order passed by learned Special Tribunal under Section 5(5) of the Act, 1971, on 08.02.2021, the petitioners preferred an appeal before respondent No.3 on 23.08.2019. 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. 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. Learned Assistant Government Pleader for Revenue would submit that the Special Tribunal has not taken any action in terms of directions passed by Hon’ble Division Bench of this Court in W.P. PIL No.20 of 2021.

Hence, he seeks to pass appropriate orders.

6. 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 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.

7. 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 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 change 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”.

8. The impugned order passed by the Special Tribunal on 08.02.2021 i.e., prior to the order passed by the Hon’ble Division Bench of this court. However, in the absence of granting any opportunity to the petitioners and res