ORDER :

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.

2. Petitioner claims to be the absolute owner and in possession of different extents of land in different survey numbers of Mirdoddi Village and Mandal, Siddipet District acquired through registered Gift deed document No.712/2001 dated 20.09.2001 and document No.145/2002 dated 02.02.2002 executed by the mother of petitioner, Smt Indraja Devi. Petitioner intends to dispose of his property and entered into agreement of sale with A. Raidu Reddy in March, 2021 and went before the Sub-Registrar-cum-Tahsildar, Mirdoddi proposing to present the deed of conveyance. The Tahsildar refused to receive the sale deed on the ground that petitioner does not have online pattadar passbook. Petitioner contends that he filed W.P.No.10520 of 2018 praying to direct the 4th respondent therein to issue Digital pattadar passbook. Though this Court directed consideration of representation for issuance of digital pattadar passbook, till today, the digital pattadar passbook is not issued.

3. In other words, though petitioner intends to dispose of the property, he is restrained from presenting the deed of conveyance on the ground that he does not have digital pattadar passbook. He challenges the action of the Tahsildar insisting the petitioner to produce digital pattadar passbook.

4. In order to carry out certain reforms in the maintenance of revenue records and to streamline the recording of entries, called as ‘mutation’, in the revenue records, the State promulgated the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020). Section 5 of the Act vests power in the Tahsildar to act as Registrar under the Registration Act, 1908, to accept the deeds of conveyance and other deeds concerning the Agricultural land. The relevant sections are Sections 3, Section 3 : Preparation, maintenance and updating of record of rights :- (1) The Record of Rights in all lands in every village of the State shall be prepared and maintained digitally in a centralized storage in such form and in such manner as may be prescribed.

(2) The Record of Rights shall contain the following particulars, namely :-

(a) The names of all persons who are pattadars of lands;

(b) survey numbers and extents of each pattadar;

(c) such other particular as may be prescribed.

(3) The Record of Rights prepared and now being maintained under the provisions of this Telangana Record of rights in Land and Pattadar Pass Books Act, 1971 in electronic form shall be deemed to have been prepared and maintained under sub-sections (1) and (2)., Section 5, Section 5 : Registration and effecting Changes in the Record of Rights when right over the land acquired by way of sale, gift, mortgage or exchange:-

(1) Any person who intends to transfer or obtain an interest in land by way of sale, gift, mortgage or exchange under a registered document shall apply, through the website prescribed for this purpose, to the Registrar for Protection to the State and Central Government Lands etc., Registration and effecting Change in Record of Rights when right over the land acquired by way of sale, gift, mortgage or exchange allotting available date and time to present the document as per the convenience of the person.

(2) The Registrar shall allot the date and time, intimate to the person and maintain such particulars in the register in prescribed format.

(3) The Person mentioned in sub-section (1) shall submit the transfer document in prescribed form, along with affidavits in the prescribed forms and Pattadar Pass Book-cum-Title Deeds, on the date and time allotted to them, before the Registrar.

(4) In every case where the pattadar and property particulars in the document are in consonance with the entries in the Record of Rights and on payment of Stamp Duty and Registration fee prescribed as per the Registration Act and the Indian Stamp Act respectively and mutation charges pr