Saturday 4 December 2021

Revenue Authorites not acepting Appeals under various reveneu acts- High Court Judgment- The words “land matters” used in the Memo issued by the Chief Commissioner of Land Administration, dated 07.09.2020, can only be construed to be in relation to the matters pertaining to the Telangana Rights in Land and Pattadar Pass Books Act, 1971, but not with regard to the matters arising under various other revenue enactments

 THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY 

WRIT PETITION No.27986 of 2021 

ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue for respondent Nos.1 to 4. With their consent, the Writ Petition is disposed of at the admission stage. 2. Aggrieved by the inaction of respondent No.2 in considering and disposing of the appeal filed by the petitioners under Section 24 of Telangana Abolition of Inams Act, 1955, on 12.07.2021, the present writ petition is filed. 3. The learned counsel for the petitioners has stated, across the Bench, that based on the Circular issued by the Chief Commissioner of Land Administration, dated 07.09.2020 vide CCLAs Ref. No. Assn.I(1)/463/2020, the revenue authorities are not taking up the matter for disposal even though they do not pertain to the provisions under the Telangana Rights in Land and Pattadar Pass Books Act, 1971 and the said action is not proper on the part of the authorities. 4. Having regard to the fact that the Special Tribunals are exclusively constituted under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, for the purpose of deciding all the pending matters under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, the appeal preferred by the petitioner before the respondent No.2, under Section 24 of the Telangana Abolition of Inams Act, 1955, has to be decided on its own merits, as the Special Tribunal has no jurisdiction to entertain the same. The revenue authorities cannot 2 abdicate the duties cast upon them under the Act and fail to pass any orders in the matters pertaining to the subjects other than the Telangana Rights in Land and Pattadar Pass Books Act, 1971 i.e., matters emanating under the provisions of Telangana Tenancy and Agricultural Lands Act, 1950, the Telangana Abolition of Inams Act, 1955, The Telangana Assigned Lands (Prohibition of Transfers) Act, 1977, Telangana Agriculture Land (conversion for Non-agriculture purpose) Act, 2006, the Telangana NonAgricultural Lands Assessment Act etc. The words “land matters” used in the Memo issued by the Chief Commissioner of Land Administration, dated 07.09.2020, can only be construed to be in relation to the matters pertaining to the Telangana Rights in Land and Pattadar Pass Books Act, 1971, but not with regard to the matters arising under various other revenue enactments. 5. In view of the above, since the appeal preferred by the petitioner is under Section 24 of the Telangana Abolition of Inams Act, 1955, the appellate authority i.e., respondent No.2 herein is directed to dispose of the Appeal preferred by the petitioner on 12.07.2021, on its own merits and strictly in accordance with law, as expeditiously as possible, at any rate, within a period of twelve weeks from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. The miscellaneous petition pending, if any, shall stand closed. There shall be no order as to costs. ________________________ A.ABHISHEK REDDY, J Date : 09.11.2021. sur

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