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2025 DIGILAW 435 (TS)

Kova Lingamaiah alias Lingam Jella v. State of Telangana

2025-04-25

C.V.BHASKAR REDDY

body2025
ORDER : C.V. BHASKAR REDDY, J. It is stated that the father of the petitioner by name Kova Lingamaiah had purchased the land admeasuring Acs.68.22 guntas in Sy.Nos. 538, 539, 654, 655, 656, 540 and 537, situated at Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District, vide sada bainama, dated 10.04.1957 and enjoying the absolute rights. It is further stated that, by virtue of long possession and the entries made in the revenue records viz., Chessala Pahani, pahanies, continuously, the petitioner father perfected title by adverse possession. It is further stated that, after the death of her father, the petitioner succeeded to the said property. It is further stated that, disputing the right and entitlement of the petitioner and her family members over the land admeasuring Acs.6.30 guntas in Sy.No.539, a suit for declaration and consequential injunction was filed vide O.S.No.163 of 2012 on the file of the Junior Civil Judge, Hayathnagar and the said suit was decreed. Aggrieved by the said judgment and decree, A.S.No.29 of 2023 was filed before the VIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar and pending adjudication of the same, the petitioner along with family members filed O.S.No.610 of 2018 before the XII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar and filed W.P.No. 10741 of 2025 on the file of this Court and the same are pending. It is further stated that, some of the third parties, who are politically influential, have colluded with the revenue officials and got entered their names in respect of the subject property, which action necessitated the petitioner to file representation representations, dated 04.03.2024 and 04.03.2025 seeking cancellation of the entries made in favour of the third parties. The grievance of the petitioner is that, even after receipt of the said representations, the respondent authorities did not consider the same. Hence, this writ petition. 2. Considered the submissions made by the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consent, this writ petition is being disposed of at the admission stage. 3. Hence, this writ petition. 2. Considered the submissions made by the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consent, this writ petition is being disposed of at the admission stage. 3. Learned counsel for the petitioner relied upon Rule 10 of the Telangana Land Revenue Rules, 1951 (for short "the Rules, 1951") framed under Section 172 of the Telangana Land Revenue Act, 1317 Fasli (for short "the Act"), wherein in a summary enquiry, parties who have no documents of title, are shown to have been in possession of holding as reputed owners of land for twelve years or more, transfer of registry shall be made after notice, as provided in Rule 6. Action under this rule shall be taken by the revenue officers either on their own motion or on the application of the parties concerned. Payment of revenue as evidenced by the production of cist receipts or by the testimony of the village officers may be taken as proof of possession. In the absence of such proof, oral evidence of possession may also be accepted. Learned counsel for the petitioner has vehemently contended that since long time the petitioner's family members are in possession of the subject property and they are entitled for mutation and consequential issuance of pattadar passbook as per the provisions of the Telangana Land Revenue Act, 1317 Fasli and the Rules made therein. 4. Learned Assistant Government Pleader for Revenue appearing for the respondents, contended that as per Rule 3 of the Rules, 1951, the provisions of these rules relating to transfer of registry of holdings shall apply to those areas where the record of rights have not been prepared as per Record of Rights in Land Regulations, 1358 Fasli. In areas where the record of rights have been prepared/introduced under the Regulation 1358 Fasli, transfer of registry of holding shall be governed by provisions of the Regulation 1358 Fasli and the Rules made thereunder. In areas where the record of rights have been prepared/introduced under the Regulation 1358 Fasli, transfer of registry of holding shall be governed by provisions of the Regulation 1358 Fasli and the Rules made thereunder. The learned Assistant Government Pleader further submitted that in view of framing of the regulations of Record of Rights in Land Regulations, 1358 Fasli and thereafter enacting the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Telangana Rights in Land and Pattadar Passbooks Act, 2020, replaced by Telangana Bhu Bharathi (Record of Rights) Act, 2025 (for short "Bhu Bharati Act, 2025"), the petitioner is not entitled for consideration of mutation and consequential issuance of pattadar passbook under ROR Land Regulations 1358 Fasli. 5. Be that as it may, the Record of Rights in Land Regulations, 1358 Fasli, the Rules framed under the said Regulations applies to the persons, who are found to be in possession since long time for recording their names in the Registry of Holdings. It is the case of the petitioner that her father had purchased the property in the year 1957 and the family members of the petitioner have been in continuous possession and their possession has been depicted in all the revenue records and therefore, prays this Court to direct the respondents for mutation of her name and consequential issuance of pattadar passbook as per the provisions of the Act or under the provisions of the Bhu Bharati Act, 2025. 6. This Court, without expressing any opinion on the right and entitlement of the petitioner and since it is stated that the petitioner and her family members have been in possession of the subject property since more than 70 years, deems it appropriate to dispose of this writ petition allowing the petitioner to make appropriate application before the authorities concerned under the provisions of the Bhu Bharati Act, 2025 and in the event of such application being filed by the petitioner, the respondents shall consider the same and pass orders in accordance with law. In any event, if the respondents come to a conclusion that the petitioner is not entitled for mutation and issuance of pattadar passbook, pass a reasoned order and communicate the same to the petitioner. The entire exercise shall be completed as expeditiously as possible, preferably, within a period of six (06) months from the date of receipt of the petitioner's application. 7. The entire exercise shall be completed as expeditiously as possible, preferably, within a period of six (06) months from the date of receipt of the petitioner's application. 7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.