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2021 DIGILAW 404 (TS)

K. Jyothamma v. State of Telangana

2021-12-13

A.ABHISHEK REDDY

body2021
ORDER : Heard learned counsel for petitioners, learned Assistant Government Pleader for Revenue for respondent Nos.1 and 2, and Sri M. Sreekanth, learned counsel for unofficial respondents. With their consent, the Writ Petition is disposed of. 2. This writ petition is filed challenging the order of the Special Tribunal constituted under Section 16 of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020) passed in Case No.ST/OA/148/2021/D1/50/2014, dated 27.02.2021. 3. The order of the Special Tribunal has been mainly challenged on the ground that before passing the impugned orders, an opportunity of hearing was not afforded to the petitioners. 4. The very same issue was considered by a Division Bench of this Court in W.P. (PIL) No.20 of 2021. Taking note of the objections of not issuing notice and not affording opportunity of hearing, vide order dated 18.03.2021, the Division Bench has issued following directions: “4. It is therefore deemed appropriate to direct that in all cases that have been transferred from the revenue courts to the Special Tribunals notwithstanding any orders that may have been passed by the Special Tribunals, the respondents shall issue public notices calling upon parties to appear before the Special Tribunals in each district on a fixed date and time to enable them to make their submissions. Wherever a request for a personal hearing is received from parties, the orders passed by the Special Tribunals shall be deemed to be quashed and set aside. Fresh orders shall be passed by the Special Tribunals after granting a reasonable opportunity to the parties of being heard either in person or through their Advocates. They shall also be afforded a chance to file written submissions, if not already filed. Only thereafter shall fresh orders be passed by the Special Tribunals. Adequate and wide spread publicity of this order shall be given by the State within three weeks to apprise all concerned parties of the same.” 5. They shall also be afforded a chance to file written submissions, if not already filed. Only thereafter shall fresh orders be passed by the Special Tribunals. Adequate and wide spread publicity of this order shall be given by the State within three weeks to apprise all concerned parties of the same.” 5. Having regard to the directions of the Division Bench, referred to above, the impugned order is set aside and the matter is remanded back to the Special Tribunal to pass orders, afresh, strictly in accordance with law, duly putting the petitioners as well as the unofficial respondents herein or any other interested persons on notice and affording them reasonable opportunity of hearing, as expeditiously as possible, preferably, within a period of twelve weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is allowed. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.