High CourtsSingle Bench(2021) 09 TEL CK 0018

Cherukupallylaxminarsamma Laxmi vs State Of Telangana

Telangana High Court · Decided on 20 September 2021

HON’BLE JUDGES
A.Abhishek Reddy, J
CASE NUMBER
Writ Petition No. 20733 Of 2021

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Judgment

7 paragraphs · 488 words

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the official respondents. With their consent, the Writ Petition is disposed of at the admission stage.

The main grievance of the petitioner in this writ petition is that respondent No. 3 is not transferring the appeal preferred by the petitioner, dated 18.12.2019 under Section 5(B) of the Rights in Land and Pattadar Pass Books Act, 1971 to the Special Tribunal constituted under the rights in Land and Pattadar Pass Books Act, 2020.

A perusal of the record discloses that challenging the orders of the respondent No. 4 vide proceedings No. B/377/2016, dated Nil, in regularizing sada-binama, allegedly executed by the husband of the petitioner in favour of respondent No. 6 and mutating the name of respondent No. 6 in the revenue records in respect of the subject land, the petitioner has filed an appeal before the respondent No. 3, the Revenue Divisional Officer, Narsampet, Warangal Rural District, on 18.12.2019. In the meanwhile, the Andhra Pradesh rights in Land and Pattadar Pass Books Act, 1971, has stood repealed by the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short, 'the Act No. 9 of 2020'). As a result, all the appeals/revisions pending with the revenue authorities were transferred to the Special Tribunals constituted under the provisions of the Act No. 9 of 2020. The learned counsel for the petitioner states that even though the appeal, preferred by the petitioner, pertains to 2019, so far, it has not been transferred to the Special Tribunal by the respondent No. 3.

Considering the nature of grievance of the petitioner, this Court is of the prima facie opinion that ends of justice would be met if the writ petition is disposed of directing the respondent No. 3 to transfer the appeal preferred by the petitioner to the Special Tribunal, if not already transferred.

Accordingly, the writ petition is disposed of directing the respondent No. 3 to transfer the appeal preferred the petitioner, dated 18.12.2019, to the concerned Special Tribunal, within a period of two weeks from today, if not already transferred. In case, the appeal is already transferred and pending before the Special Tribunal or on being transferred by the respondent No. 3, the same shall be disposed of by the Special Tribunal in accordance with law within a period of eight weeks thereafter. It is needless to observe that the Special Tribunal, before passing any orders in the appeal, shall put all the interested parties on notice. A copy of the orders that may be passed by the Special Tribunal shall be communicated to the petitioners.

Since this Court directed the Special Tribunal to put all the interested parties on notice before passing any orders, notice to the unofficial respondent in the present writ petition is dispensed with. Pending miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.