HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.4593 of 2023
ORDER:
Heard Sri T. Surya Satish, learned counsel appearing for the petitioner and Sri J. Amruth Rao, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
In view of the nature of relief sought by the petitioner, this writ petition is disposed of at the admission stage, dispensing with notice to respondent Nos.7 and 8.
Petitioner herein had filed an appeal under Section 5(B) of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 before respondent No.5 against respondent Nos.7 and 8 seeking correction of entry i.e., name of respondent No.7 as pattedar and possession column in respect of land admeasuring Ac.2-00 gts., in Sy.No.76 situated at Valbapur village, Elkathurthy mandal, Hanamkonda District. Vide order dated 2 16-05-2020 in Rc.No.A/4661/2016 respondent No.5 disposed of the said appeal directing respondent No.6 to conduct denovo enquiry by issuing notices to all parties whose names are in Revenue record and concerned parties and pass order within two months. Respondent No.6 was also authorized to rectify the entries to issue fresh pattedar pass books as per the enquiry while taking into consideration of the decree and judgment in O.S.No.137 of 2015 on the file of learned Principal Junior Civil Judge Court, Huzurabad. Thereafter respondent No.6 did not conduct any enquiry. He has kept the file pending. Therefore, the petitioner herein had sought information under the Right to Information Act and vide information dated 01-11-2021 furnished by office of respondent No.3, 31 denova enquiry files have been received from nine Tahsildars including the subject file. In view of ROR Act, 2020 they have sought opinion from the Government Pleader for Revenue of this Court. The said opinion is awaited. Therefore, since there is no 3 action from respondent No.6, petitioner herein had filed the present writ petition.
It is relevant to note that in supersession of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (Act, 26 of 1971), the State promulgated the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020). Section 16 of the said Act deals with constitution of Special Tribunal to deal with pending appeals as Revision Cases under the provisions of old Act and in terms of Section 16(1) of the Act all the pending appeals are transferred to the Special Tribunal.
But as discussed supra, the order passed by respondent No.5 is dated 16-05-2020 by which date the aforesaid Act did not come into force. Therefore, necessarily respondent No.6 has to conduct denovo enquiry in compliance with order dated 16-05-2020 passed by respondent No.5.
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In view of the aforesaid discussion, this writ petition is disposed of, directing respondent No.6 to conduct denovo enquiry in compliance with order passed by respondent No.5 dated 16-05-2020 in Rc.No.A/4661/2016 by putting the petitioner, respondent Nos.7 and 8 on notice and affording them an opportunity of hearing. Respondent No.6 shall also consider the judgment and decree in O.S.No.137 of 2015 filed by respondent No.8 seeking partition and separate possession of suit schedule property therein. He shall complete the aforesaid enquiry within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J February 17, 2023 PN 5 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4593 of 2023 February 17, 2023 PN