CHEERLA SUDHAKAR Vs. STATE OF TELANGANA
HIGH COURT OF ANDHRA PRADESH
State of Telangana
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Sanjay Kumar, J. -
(1.)Challenge in this Writ Petition is to the order dated 09.01.2017 passed by the Revenue Divisional Officer, Wanaparthy Division, Wanaparthy District, whereby the proceedings dated 12.09.2016 of the Tahsildar, Wanaparthy Mandal, Wanaparthy District, were set aside.
(2.)On 27.02.2019 when the case was taken up for hearing, Sri M.Damodar Reddy, learned counsel for the petitioners, contended that the Revenue Divisional Officer, Wanaparthy Division, Wanaparthy District, exercised appellate power and disposed of the pending appeal by the order dated 09.01.2017, without putting the petitioners on notice. The learned Assistant Government Pleader for Revenue, State of Telangana, was thereupon directed to produce the original records. Today, the learned Assistant Government Pleader placed before this Court the original records. Perusal thereof reflects that the Revenue Divisional Officer, Wanaparthy Division, did not issue any notice to the petitioners or the 5th respondent herein, the respondents in the appeal filed before him under Section 5(B) of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, (for brevity 'the Act of 1971'), before disposing of the same, vide the impugned order dated 09.01.2017. The order also does not record to that effect and there is no mention about any notice having been issued to the respondents in the appeal. There is, therefore, a clear violation of the principles of natural justice.
(3.)Ms. B. Madhavi, learned counsel representing Sri V.Venumadhav, learned counsel for the 4th respondent, the appellant in the appeal filed before the Revenue Divisional Officer, Wanaparthy Division, Wanaparthy District, does not dispute this aspect of the matter.
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