Posani Pochalu v. The Special Tribunal At Peddapalli

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No. 24764 of 2021 ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue for respondent Nos.1 to 5. With their consent, the Writ Petition is disposed of at the admission stage.

2.

Aggrieved by the action of respondent No.4 in not transmitting the appeal filed by the petitioners on 30.07.2019 under Section 5 (5) of the Rights in Land and Pattadar Pass Books Act, 1971, to respondent No.1-Special Tribunal constituted under the provisions of Rights in Land and Pattadar Pass Books Act, 2020, in spite of submitting a representation on 06.09.2021, the present writ petition is filed.

3.

By virtue of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short, 'the Act No. 9 of 2020') coming into force w.e.f. 29.10.2020, all the appeals and revisions pending with the revenue authorities arising out of the Act No.9 of 2020, are to be dealt with only by the Special Tribunals constituted under the Act No.9 of 2020. The learned counsel for the petitioners states that even though the petitioners have submitted a representation on 06.09.2021 requesting the respondent No.4 to transmit the appeal to respondent No.1-Special Tribunal, till now no action has been taken therein.

4.

Considering the nature of grievance of the petitioners coupled with the provisions of Act No.9 of 2020, without going into the merits of demerits of the case, the writ petition is disposed of

directing the respondent No.4 to transmit the appeal, dated 30.07.2019, preferred by the petitioners to respondent No.1Special Tribunal, within a period of two weeks from the date of receipt of a copy of this order, if not already done so. In case, the appeal is already transmitted and pending before the Special Tribunal or on being transmitted by respondent No.4, as the case may be, the same shall be disposed of by the Special Tribunal, strictly in accordance with law, as expeditiously as possible, preferably, within a period of four 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 order that may be passed by the Special Tribunal shall be communicated to the parties.

Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

_________________________ A.ABHISHEK REDDY, J Date : 04.10.2021.

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