IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Y. Jaihind Reddy, S/o. late Sri Raji Reddy - Petitioner
Versus
The State of Telangana, rep.by its Principal Secretary, Revenue Department & Others. - Respondents
Writ Petition Nos.39609, 45906 & 46008 Of 2022 And Writ Petition No.10150 Of 2023
Decided On : 25-04-2023
ROR Act, 2020 - Section - 2 (1), 11 - ROR Act, 1971 - Section - 9 - Telangana General Clauses Act, 1891 - Registration Act, 1908 - Telangana Rights in Land and Pattadar Pass Books Act, 1971 - Telangana Rights in Land and Pattadar Pass Books Act, 2020 - Agricultural lands - Not providing certified copies of registered sale deeds - Writ petitions seeking to declare action of Tahsildar in not providing certified copies of registered sale deeds/succession proceedings, partition deeds executed through Dharani Portal in respect of agricultural lands and also not providing certified copies of Pahanies and Chesala etc., as illegal and for a consequential direction to Revenue Authorities to provide aforesaid documents - Held, These are issues which arise before this Court on a regular basis - However, there are many such issues which are faced by citizens - To truly achieve object of ROR Act, 2020 and to reduce avoidable pendency of cases, Government shall consider and resolve the aforesaid issues and take steps to identify other issues which citizens face on a regular basis - Accordingly this Court directs CCLA to seek inputs/opinion from Revenue Officials working at Village Level, Mandal Level and Division Level through concerned District Collectors regarding common difficulties that arise in relation to Dharani Portal - Thereafter, CCLA shall consider said inputs/opinions and come up with possible solutions to implement object of ROR Act, 2020 including a hassle free access to Dharani Portal - Ordered Accordingly.
ORDER :
1. Heard Mr. Ashok Reddy Kanathala, learned counsel for the petitioner in W.P.Nos.39609, 45906 and 46008 of 2022, Mr. Prabhakar Sripada, learned Senior Counsel representing Mr. Setty Ravi Teja, learned counsel for the petitioner in W.P. No.10150 of 2023 and Mr. Harender Pershad, Special Government Pleader representing learned Advocate General appearing on behalf of the respondents.
2. All the aforesaid writ petitions are filed seeking to declare the action of the Tahsildar in not providing certified copies of registered sale deeds/succession proceedings, partition deeds executed through Dharani Portal in respect of agricultural lands and also not providing certified copies of Pahanies and Chesala etc., as illegal and for a consequential direction to the Revenue Authorities to provide the aforesaid documents.
3. The lis involved in all the aforesaid writ petitions is same and, therefore, all the said writ petitions are heard together and are being disposed of by way of this common order.
4. Before discussing the lis involved in the present writ petitions, it is relevant to note that the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (hereinafter referred to as ‘ROR Act, 2020’) was enacted replacing the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as ‘ROR Act, 1971’) with the following objects and purpose:
(i) maintenance of the Record of Rights in electronic form in the Telangana Land Records Management System (TLRMS) and to validate the electronically maintained revenue records in centralized storage devices and being executed through portals such as TLRMS and MeeSeva etc.
(ii) combining Title Deed and Pass Book as Title Deed cum Pass Book, to enable the land holders/owners to obtain electronic Pattadar Pass Book cum Title deed.
(iii) reducing the need to produce the Pass Books by the user agency.
(iv) to ensure the bankers/credit agency to grant loans based on the revenue records maintained electronically in centralized storage device through Data Base such as Telangana Land Records Management System (TLRMS) etc., without insisting physical production of any type of Revenue records from the farmers.
(v) automatic acquisition of rights immediately after transfer of property.
(vi) this will enable the goals of ease of doing business and greater transparency and accountability in the department.
(vii) toprotect the lands belonging to the State Government or Central Government.
(viii) to increase transparency in Revenue administration
(ix) to evolve good practices to end corruption in revenue administration.
(x) to provide accountable and responsive revenue administration as part of smart and good governance.
(xi) to ensure hassle free revenue administration in the 'lay' public interest.”
5. It is clear that the ROR Act, 2020 was enacted with the salutary object of digitizing the maintenance of revenue records and to obviate the difficulties faced by the citizens in getting lands mutated in their names. To achieve the said object, an online platform – cum – repository of land related information by the name Dharani Portal was created. The said Dharani Portal is supposed to be the one-stop center to record informati
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