* HONOURABLE SRI JUSTICE P.NAVEEN RAO
+ WRIT PETITION NO. 12722 OF 2021
% 08.06.2021
# Jannu Prasangi S/o.Kornel,
Aged about 66 years, occ: Agriculture,
R/o.T.R.T. 16-12-28, Industrial Colony,
Warangal City and District.
..PETITIONER
VS.
$ The State of Telangana,
Rep.by its Principal Secretary,
Revenue Department, Secretariat Buildings,
Hyderabad and others.
..RESPONDENTS.
! Counsel For The Petitioner: Sri M.A.Saleem.
^ Counsel For Respondents: Assistant Government Pleader for
Revenue
< Gist :
> Head Note :
? CITATIONS :
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HIGH COURT FOR THE STATE OF TELANGANA
********
WRIT PETITION No.12722 of 2021
Between :
Jannu Prasangi S/o.Kornel,
Aged about 66 years, occ: Agriculture,
R/o.T.R.T. 16-12-28, Industrial Colony,
Warangal City and District.
.. Petitioner
And
The State of Telangana,
Rep.by its Principal Secretary,
Revenue Department, Secretariat Buildings,
Hyderabad and others.
.. Respondents
DATE OF JUDGMENT PRONOUNCED : 08.06.2021
SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
1. Whether Reporters of Local Newspapers : Yes / No
may be allowed to see the Judgments ?
2. Whether the copies of judgment may be : Yes / No
marked to Law Reporters/Journals
3. Whether Their Lordship wish to : Yes / No
see the fair copy of the Judgment ?
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.12722 of 2021
Date:08.06.2021
Between:
Jannu Prasangi S/o.Kornel,
Aged about 66 years, occ: Agriculture,
R/o.T.R.T. 16-12-28, Industrial Colony,
Warangal City and District.
.....Petitioner
And
The State of Telangana,
Rep.by its Principal Secretary,
Revenue Department, Secretariat Buildings,
Hyderabad and others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.12722 of 2021
ORDER :
Heard Sri M.Saleem, learned counsel for petitioner and learned Assistant Government Pleader for Revenue.
2. Petitioner claims to have purchased land to an extent of Ac.5-32 guntas in survey Nos 464 and 465 of Patelgudem village, Lingala Ghanpur Mandal, Janagaon District. Having found that the said purchase was illegal, as the land was assigned to landless poor persons and in accordance with the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act,1977"), assigned land cannot be alienated, proceedings were initiated under the Act, 1977 and the orders were passed resuming the land. Aggrieved by the same, petitioner preferred appeal to the Revenue Divisional Officer (R.D.O.) under Section 4-A of the Act, 1977 and the same was also dismissed.
3. Against the order of the appellate authority, remedy of revision is available under Section 4-B of the Act, 1977. Instead of preferring revision under Section 4-B of the Act, 1977, petitioner preferred revision under Section 9 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short "the Act, 26 of 1971"). As revision was filed under Section 9 of the Act 26 of 1971, it was transferred to the Special Tribunal constituted under Section 16 of the Act 9 of 2020. The Special Tribunal, having found that the revision was preferred under the Act, 1971, instead of preferring revision under the Act, 1977, dismissed the revision.
4. Challenging the decision of Special Tribunal, petitioner filed WP.No.8874 of 2021. Having regard to the provisions of the Act, -5- 1977 and the Act 9 of 2020, this Court dismissed writ petition affirming the view taken by the Special Tribunal. However, Court granted liberty to the petitioner to avail the remedy of revision under the Act, 1977, if it is otherwise available to him.
5. After the dismissal of writ petition, petitioner again went before the Special Tribunal, this time filing the revision under Section 4-B of the Act, 1977. Alleging that Special Tribunal is not receiving said revision causing hardship to the petitioner, this writ petition is filed.
6. The Act, 1977 deals with assignment of Government land to landless poor persons, protection of interests of assignees, prohibits alienation of land assigned to landless poor persons and incidental thereto. Whereas, the Act 26 of 1971 deals with record of rights on agricultural lands, issue of pattadar passbook and title deed. Thus, though they compliment each other, but both enactments deal with separate aspects of a land. Section 4-B of the Act, 1977 provided remedy of revision against the decision of R.D.O. as appellate authority on matters concerning cancellation of assignment etc., flowing out of the provisions of the Act, 1977. The Act 26 of 1971 provided remedy of appeal to the R.D.O. against the decision of Tashildar and remedy of revision against the decision of R.D.O. and in a given case even against the decision of Tahsildar on matters concerning record of rights on agricultural lands.
7. In supersession of the Act, 26 of 1971, the Act 9 of 2020 is promulgated. The Act 9 of 2020 dispensed with remedy of appeal and revision against the decision of Tahsildar. Thus under the new Act, there is no provision of appeal or revision. In order to -6- deal with appeals and revisions already filed and pending by the time Act 9 of 2020 was notified, Section 16 envisaged constitution of the Special Tribunal. In terms of the said provision, the Government constituted the Special Tribunal comprising of District Collector and Additional District Collector, who was earlier called as Joint Collector. Pending appeals and revisions were transferred to the Special Tribunal.
8. In accordance with the provisions of the Act 9 of 2020, the Special Tribunal is required to consider only pending appeals and revisions filed under the Act 26 of 1971. It is not vested with power to entertain fresh appeals or revisions under the repealed Act 26 of 1971. Perforce, it has no jurisdiction to entertain appeal or revision under any other enactment. Therefore, the petitioner has again erroneously went before the Special Tribunal. Therefore, it cannot be said that the Tribunal has erred in not receiving the revision sought to be filed by the petitioner by invoking the provisions of Section 4-B of the Act, 1977.
9. Accordingly, writ petition is dismissed. Petitioner is at liberty to avail remedy already granted in the earlier writ petition. Pending miscellaneous petitions, if any, shall stand closed.
___________________ P.NAVEEN RAO, J 08.06.2021 Nvl Note: LR copy to be marked: Yes -7- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12722 of 2021 Date: 08.06.2021 Nvl -8-