THE HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.21239 of 2025

ORAL ORDER:

Heard Mr.Thoom Srinivas, learned counsel for the petitioners and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4.

2. This writ petition is filed challenging the order dated 29.01.2021 in Case No.ST/D5/407/2021/A2/571/2019 passed by respondent No.2 – Special Tribunal.

3. Petitioners preferred an appeal under Section 5(5) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘ROR Act, 1971) challenging the order dated 19.11.2012 passed by respondent No.4 before respondent No.3. After the ROR Act, 1971 was repealed and replaced with the Telangana Rights in Land and Pattadar Pass Books Act, 2020, the subject appeal was transferred to respondent No.2 – Special Tribunal. Vide order dated 29.01.2021, respondent No.2 – Special Tribunal disposed of the said appeal without putting the petitioners on notice and without affording them an opportunity of hearing.

4. Vide order dated 18.03.2021 in W.P (PIL) No.20 of 2021, the Division Bench of this Court, taking note of the objections for not issuing notice and not affording opportunity of hearing to the petitioners, issued the following directives:

“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."

5. It is the specific contention of the petitioners herein that the impugned order dated 29.01.2021 in Case No.ST/D5/407/2021/A2/571/2019 passed by respondent No.2 – Special Tribunal is in violation of the said directives issued by the Division Bench of this Court and also in violation of the principles of natural justice.

6. Perusal of the record would reveal that respondent No.2 – Special Tribunal without putting respondent Nos.5 to 8 on notice and affording them an opportunity of hearing, disposed of the appeal filed by the petitioners herein. Therefore, notice to respondent Nos.5 to 8 is dispensed with.

7. In the light of the said submissions and also the aforesaid directives of the Division Bench of this Court, this Writ Petition is disposed of setting aside the impugned order dated 29.01.2021 in Case No.ST/D5/407/2021/A2/571/2019 passed appeal filed under Section 5(5) of the ROR Act, 1971 by the petitioners, strictly in accordance with law by putting the petitioners and respondent Nos.5 to 8 on notice and affording them an opportunity of hearing. The appeal is of the year 2021. Therefore, respondent No.2 – Special Tribunal shall complete the said exercise within a period of three (3) months from the date of receipt of a copy of this order.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

_________________ K. LAKSHMAN, J

23^rd JULY, 2025.

ynk