Telangana High Court
Shanker Venkatesh vs The State Of Tenlangana And 10 ... on 10 August, 2021
Bench: P Naveen Rao
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.
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
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17831 of 2021
Date:10.08.2021
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