Telangana High Court
Pammidi Srinivas Rao vs The State Of Telangana on 17 February, 2023
Bench: K.Lakshman
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
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
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.
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
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.4593 of 2023
February 17, 2023
PN
