Telangana High Court
Kova Lingamaiah Alias Lingam Jella, vs The State Of Telangana, on 25 April, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.12605 of 2025
ORDER:
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
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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.[
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
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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
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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. 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
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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,
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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.
________________________________
JUSTICE C.V.BHASKAR REDDY
25.04.2025
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