Telangana High Court
Bandapalli Swamy vs State Of Telangana on 10 February, 2025
HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.3716 OF 2025
ORDER:
This writ petition is filed by the petitioner seeking the following relief:
"...to issue a Writ more so in the nature of Writ of Mandumus thereby declaring the action of the respondent No.2 and 3 in not issuing pattadar passbook to the petitioner and in not mutating the name of the petitioner in the revenue records with respect to agriculture lands admeasuring Ac. 5.06 Gts in Sy.No.75, Ac. 2.30 gts in Sy.No. 147/A, Ac. 0.31 gts in Sy.No.149/A, Ac.0.13 in Sy.No. 149/B, Ac.0.1400 Gts in Sy.No.149/C and Ac.0.18 Gts in Sy.No.159/A and Ac.2.00 in Sy.No.169C of Obulapalli Village, Zaffergadh Mandal, Jangaon District as illegal arbitrary and violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the respondent No.2 and 3 to issue Pattadar passbook to the petitioner and mutate the name of the petitioner in the revenue records with respect to agriculture lands admeasuring Ac.5.06 Gts in Sy.No.75, Ac.2.30 gts in Sy.No.147/A, Ac. 0.31 gts in Sy.No.149/A, Ac.0.13 in Sy.No. 149/B, Ac.0.1400 Gts in Sy.No.149/C and Ac.0.18 Gts in Sy.No.159/A and Ac.2.00 in Sy.No.169C of Obulapalli Village, Zaffergadh Mandal, Jangaon District and to pass..."
2. Heard Mr. Shreyas Reddy Yelagiri, learned counsel for the petitioner, and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue, and perused the material on record.
3. It is stated that the mother of the petitioner purchased the subject land admeasuring Acs.5-06 guntas in Survey No.75, Acs.2-30 guntas in Survey No.147/A, Acs.0-31 guntas in Survey No.149/A, Ac.0-13 guntas in Survey No.149/B, Ac.0-14 guntas in Survey No.149/C, Ac.0-18 guntas in Survey No.159/A and Acs.2-00 guntas in Survey No.169C, situated at Obulapalli Village, Zaffergadh Mandal, Jangaon District 2 under various unregistered sale deeds dated 15.03.1978, 10.03.1978, 05.03.1978, 06.02.,1970, 02.02.1970 and 05.02.1970. It is also the case of the petitioner that after conducting enquiry under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short 'Act 1971') and Rules made there under, the respondent authorities issued 13-A Certificate directing the petitioner to deposit the registration fee and stamp duty on the file of respondent No.3 - the Tahasildar, Zaffergadh Mandal. It is stated that pending consideration of issuance of 13-B and 13-C certificates in terms of the provisions of the Act 1971 and rules made there under in respect of the subject land, the State Legislature has repealed the Act 1971 and replaced with the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short 'Act 2020') wherein no powers have been conferred on the revenue authorities for regularization of the Sadabainama or consequent issuance of sale certificates. The grievance of the petitioner is that even though the respondent authorities have issued 13-A certificate, in view of non-issuance of 13-B and 13-C certificates, no pattadar pass book has been issued under the provisions of the Act 2020.
4. Learned Assistant Government Pleader for Revenue submitted that there is no provision conferred powers on the revenue authorities 3 for validating or regularizing a Sadabainama under the Act 2020. Learned Assistant Government Pleader further submitted that the Act 2020 is now being repealed and replaced by the New ROR Bill 2024 i.e., Telangana Bhumata Land Revenue Act, and the same is pending for issuance of notification for giving effect of the provision of the Act, 2024. It is further stated that under the provisions of the new Bhumata Portal enactment, there is a provision for regularizing/validating Sadabainama subject to fulfilling the conditions required under the provisions of the new ROR Bill 2024.
5. In view of the above submissions, this Court, without expressing any opinion on the merits of the matter, as it is stated by the learned Assistant Government Pleader for Revenue that the New ROR Bill 2024 is pending for issuance of notification for giving effect of the provision of the Act 2024, the ends of the justice would be met if the petitioner is given liberty to file appropriate application for regularization/ validation of Sadabainama under the provisions of the new Bhumata Portal 2024 wherein there is a provision conferred for validating/ regularizing a Sadabainama.
4
6. With the above observation, this writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
_________________________ C. V. BHASKAR REDDY, J February 10, 2025 RRK/MS