Telangana High Court
Ainala Omshankar vs The State Of Telangana on 26 November, 2024
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.16530 of 2023
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"....to issue a Writ, Order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in not considering the Online Application No. LM2300001447 dated 13.02.2023 requesting to regularize the Sada Bynama dated 10.12.2012 in favour of the petitioners in connection with the agricultural lands situate in Sy. Nos. 29/A and 29/B admeasuring Ac. 8-00 gts of Kurmikuntla Village, Danthalapally Mandal, Mahabubabad District is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300A of Constitution of India and consequently direct the 4th respondent to regularize the Sada byname dated 10.04.2012 in favour of the petitioners by considering online application No.LM2300001447 dated 13.02.2023 in the interest of justice...."
2. It is stated that the father of the petitioners has purchased the land admeasuring Acs.8.00 guntas in Sy.Nos.29/A and 29/B situated at Kurmikuntla Village, Danthalapally Mandal, Mahabubabad District through sada bainama, dated 10.04.2012 from its original owner Sri Thanda Vishnu Vardhan for valid sale consideration. It is also stated that after death of the vendor, the name of his wife i.e., respondent No.5, is mutated in the revenue records. The respondent No.5 filed a suit vide O.S.No.7 of 2019 on the file of the Senior Civil Judge, Mahabubabad against the 2 petitioners seeking injunction restraining them from interfering with the peaceful possession and enjoyment of the subject property and the same has been dismissed for default on 04.10.2023. It is further stated that the petitioners have submitted several online applications seeking to regularize the sada bainama, dated 10.04.2012 and the latest application vide No.LM2300001447, dated 13.02.2023, but the same have not been considered by the respondents till date.
3. Sri K.S.Suneel, learned counsel appearing for the petitioners submitted that acting on the application, dated 15.06.2019 submitted by the petitioners, the respondent authorities have conducted enquiry and issued vide proceedings Rc.No.B/362/2018, dated 18.06.2019, wherein it is stated that the petitioners are in possession over the subject property and Sri Thanda Vishnu Vardhan and his wife i.e., respondent No.5 are not in possession. Learned counsel further submitted that the respondents have not taken the said facts into consideration for validating the sada bainama in favour of the petitioners as per the provisions of the Telangana Rights in Land and Pattadar Passbook Act, 2020 (for short "the ROR Act, 2020"). 3
4. Learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 submitted that under the provisions of the ROR Act, 2020, there is no provision to entertain any applications submitted for regularizing the sada bainama. It is further submitted that in the absence of the specific provision under the provisions of the ROR Act, 2020, the respondents are not having any power to validate or regularize the sada bainama.
5. Considered the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and perused the record.
6. It is stated by the learned Assistant Government Pleader for Revenue that no powers are conferred on the revenue authorities to validate or regularize the sada bainama as per the provisions of the ROR Act, 2020. Therefore, there is no fault on the part of the respondents in not considering the applications submitted by the petitioners to validate or regularize the sada bainama alleged to have been executed by the original pattadar in favor of the father of the petitioners.
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7. In view of the above submissions and since it is stated by the learned counsel for the petitioners that the petitioners are in peaceful possession of the subject property since long time, this Court deems it appropriate to dispose of this writ petition leaving it open to the petitioners to approach the competent Civil Court and file appropriate suit seeking declaration over the subject lands, in accordance with law. In the event of granting any declaration decree from the competent Civil Court, the revenue authorities are directed to mutate the names of the petitioners in the revenue records and issue pattadar passbooks in accordance with the ROR Act, 2020 and the Rules made thereunder.
8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
9. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
___________________________ C.V. BHASKAR REDDY, J Date: 26.11.2024 sus