Point of Law :
Right to property is an invaluable right. Indian economy is primarily an agricultural economy and most of the citizens depend on agricultural lands to eke-out their living by cultivating land. Thus, right being an invaluable right, Tahsildar who is entry level authority competent to deal with applications for issuance of pattadar pass books and title deeds has to deal with such claim in a systematic manner ordained by law and in due compliance of provisions of Act and Rules.

ORDER :

Heard learned counsel for petitioner Sri A Ravinder Reddy and learned Assistant Government Pleader for Revenue Sri Hareesh Kumar Muchinthala and with their consent the writ petition is taken up for disposal at the stage of admission.

2. Petitioner made application to issue e-pass books for land to an extent of Ac.2.23 guntas, Atmakur village and mandal, Yadadri Bhongir district. As e-pass books were not issued by Tahsildar, a complaint was made to the District Collector under ‘Prajavani Redressal mechanism’. The said complaint was forwarded to the Tahsildar. Tahsildar issued endorsement dated 22.7.2019 informing the petitioner that on full verification of the revenue records and on enquiry from the neighbors of the subject land, it was found that persons by name Tummala Satyanarayana Reddy, Tummala Veera Reddy and Battu Ramachandraiah are in possession of the subject land, therefore, patta books cannot be issued.

3. Learned counsel for petitioner contends that no prior notice was issued, no enquiry or physical inspection was conducted in presence of petitioner and mechanically, on his own, Tahsildar alleged to have conducted enquiry and issued the endorsement, which is illegal.

4. Learned Assistant Government Pleader points out that Rule 26 (6) of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989 mandates that ‘A title deed or pass book shall be given only to those persons who are in actual possession of the land’. Thus, verification of possession is mandatory before issuing pass books. Learned Assistant Government Pleader ably assisted in taking through various provisions of the Act and the Rules and the purpose of such enactment.

5. In terms of Rule 26 of the Rules 1989, physical possession of agricultural land is one of the pre-requisites for issuance of passbook, but basis to ascertain the possession is an important aspect. It appears, as contended by learned counsel for petitioner, no prior notice was given before conducting physical inspection, if any conducted. Even from the reading of the endorsement, it is not shown that Sri Tummala Satyanarayana Reddy, Sri Tummala Veera Reddy and Sri Battu Ramachandraiah were physically present when inspection was conducted and they claimed that they are in possession. It is not disclosed as to in what manner those persons have been found to be in possession of the subject land. This shows how the Revenue officials are dealing with landed properties of citizens. Such attitude of officials is leading to unnecessary complications, avoidable litigation and discontentment among farmers. At least now authorities should realize the seriousness in considering the issues in proper manner.

6. In the present Telangana State, The Record Of Rights In Land Regulation, 1358 Fasli enacted by the then ruler, the Nizam later known as The Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation 1358 Fasli was in force for preparation and maintenance of record of rights before merger of Telangana with Andhra and formation of Andhra Pradesh State. Having found that said system was working well in Telangana Area and similar provisions were not made in rest of Andhra Pradesh, on formation of combined state of Andhra Pradesh, ‘Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971’ was promulgated. The said Act, underwent several amendments from time to time. After formation of State of Telangana, the Act, 1971 is adopted and title of the Act is changed as ‘Telangana Rights in Land and Pattadar Pass Books Act, 1971’.

7. The primary objective of this Act is to empower the land holder with a pass book and title deed containing particulars of the land held by him and such document can be used for enjoyment of his land for all purposes, such as mortgage, obtaining loan, granting lease, sale etc., and dispensing with requirement to go to Revenue authorities each time when he requires some activity concerning his land. It has to be produced at the time of presentation of