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High Court for State of TelanganaWA/1268/2025dismissed

Sandarapu Laxmaiah v. The State Of Telangana

2025-11-17Moushumi Bhattacharya,Gadi Praveen Kumar3 pages

HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE NO.:WA.No.1268 OF 2025 PROCEEDINGS SHEET Sl.

No.

Date

ORDER

OFFICE NOTE 03.

23.02.2026 MB,J & GPK,J Ms.Challa Apoorva Reddy, learned counsel appearing for the appellants.

Mr. Muralidhar Reddy Katram, the learned Government Pleader for Revenue appearing for the respondent Nos.1 to 4. Mr.Avinash Desai, learned Senior Counsel (assisted the Court). Review I.A.No.1 OF 2026 The Writ Appeal arises out of an order dated 22.11.2024 passed by a learned Single Judge of this Court in W.P.No.32796 of 2024 whereby the Writ Petition filed by the writ appellants was dismissed on the ground that the petitioners had an alternative remedy available to them, namely, to file a revision under section 9 of The Telangana Rights in Land and Pattadar Passbooks Act, 1971 ('ROR Act, 1971').

We have heard Mr.Avinash Desai, learned Senior Counsel, who assisted the Court in understanding the effect of the repeal of the ROR Act, 1971 and the provisions of the subsequent legislation, which came into force in its place. It is submitted that the ROR Act, 1971 stood repealed upon the commencement of The Telangana Rights in Land and Pattadar Pass Books Act, 2020 ('2020 Act') which came into force with effect from 29.10.2020.

The power of revision that was provided under the ROR Act, 1971 has however, not been incorporated or provided for under the 2020 Act. The 2020 Act was again repealed, when The Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 ('the 2025 Act') came into force with effect from 14.04.2025.

The learned Government Pleader for Revenue appearing for the respondent Nos.1 to 4 also reiterates the submissions with regard to the repeal of the ROR Act, 1971 and the lack of any corresponding provision for revision being present in the 2020 Act.

The impugned order was passed by the learned Single Judge on 22.11.2024 and the 2020 Act which was in force at that point of time, did not provide for a revision. Needless to say, the 2025 Act had not come into force as on the date of passing of the impugned order dated 22.11.2024. Hence, the question of the petitioners having an alternative remedy under the ROR Act, 1971 could not have arisen as on 22.11.2024.

We thus deem it fit to remand the matter to the learned Single Judge for a fresh decision on the subject matter.

Review I.A.No.1 of 2026 is accordingly allowed and disposed of.

Consequently, W.A.No.1268 of 2025 is disposed of by setting aside the impugned order dated 22.11.2024 and remanding the matter to the learned Single Judge for a fresh decision.

__________ MB,J __________ GPK,J EDS