HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17831 of 2021
Date:10.08.2021
Between:
Shanker Venkatesh S/o.Hanumanthy,
Aged about 46 yrs, Occu : Driver in TSRTC,
R/o.H.No.2-58, Pasmamla Village,
Hayathnagar Mandal, Ranga Reddy District.
.....Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
Revenue Department,
Secretariat, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17831 of 2021
ORDER :
This writ petition is filed seeking the following prayer : ".. to issue a writ, order or direction more particularly one in the nature of writ or Certiorari calling for the records pertaining to the order Dt.8-02-2021 passed in No. A2/874/2019 (old) ST/D5/869/2021 (new) by the 2nd respondent and quash the same by declaring the same as illegal, arbitrary, contrary to the settled principles of law violative of Telangana Rights in Land and Pattadar Pass Book Act 2020 violative of principles of natural justice and violative of Art.14 and 300-A of the constitution of India and to pass such other order..."
2. Heard Sri T.Surya Satish, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents 1 to 6.
3. Though learned counsel for the petitioner sought to contend that the order of Special Tribunal is liable to be set aside on the sole ground that it was passed without affording opportunity of hearing, having regard to the judgment of the Division Bench in W.P. (PIL) No.20 of 2021, paper notification issued by the State Government on 09.04.2021 fixing 15/16-04.2021 as the date of hearing for the parties, who intend to apply for hearing of appeals/revision afresh by the Special Tribunal, which remedy was not availed by the petitioner, the Court is not inclined to grant the relief of setting aside the order on the ground of lack of notice and opportunity.
4. At this stage, learned counsel for the petitioner submits that though litigation is pending, as rightly observed by the Special Tribunal, the Special Tribunal has not made any observation with reference to the liberty of petitioner to apply to the revenue authorities for mutation, if he succeeds in the civil litigation. -3-
5. Admittedly, A.S.No.237 of 2011 is pending in this Court challenging the decision of trial Court in O.S.No.603 of 1995 which is a partition suit. Petitioner also filed O.S.No.1152 of 2018 in the Court of Principal Senior Civil Judge, Ranga Reddy District at L.B.Nagar seeking declaration of cancellation of sale deed dated 24.09.2016 and the said suit is also pending.
6. Once a civil litigation is decided, it is the bounden duty of revenue authorities to give effect to the judgment and decree passed by the competent Court and merely because it is not mentioned, does not take away right of the petitioner for enforcement of the decree granted in his favour in the pending suits. However, it is needless to observe that if petitioner succeeds asserting his right and title over the subject property, it is always open to him to apply to the revenue authorities for effecting changes in the revenue records in respect of land to an extent of Ac.8.26 guntas in Sy.Nos.194, 196, 234, 374 & 375 of Pasumamla Village, Hayathnagar Mandal, Ranga Reddy District. It is also made clear that the Court has not interfered with the view taken by the Special Tribunal but only clarified the legal position and the rights and claims of the parties are preserved.
7. With the above observations, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 10th August, 2021 Rds -4- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17831 of 2021 Date:10.08.2021 Rds