The court affirmed that continuous possession and historical government actions justify the issuance of pattadar passbooks and title deeds under the Telangana Rights in Land and Pattadar Passbooks Act, 2020.

ORDER :

(SUREPALLI NANDA, J.)

Heard Mr.T.P.Acharya, learned counsel appearing on behalf of the petitioners and learned Government Pleader appearing on behalf of respondents.

2. The petitioners have approached this Court, seeking the following relief:

“To issue a Writ, order or Direction, more particularly, one in nature of a Writ of Mandamus, declaring the action of the respondents herein in not issuing the pattadar passbooks and title deed (e-passbooks) for the land situated in Sy.No.578, to an extent of Ac.5-00 Gts., and not recording the same in the Dharani website, as illegal, arbitrary, unconstitutional and contrary to the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020, and consequently praying this Hon’ble Court to direct the 4th respondent to issue e-passbooks for the land in Sy.No.578/2/4 of Sudimalla Village of Yellandu Mandal, Bhadradri-Kothagudem District, and pay the benefits under Rythu Bandu Scheme.”

3. The case of the petitioner’s father one Bhingi Venkateshwarlu S/o. late Narsaiah, who had filed the present writ petition initially and had died during the pendency of the present writ petition on 08.10.2021 and the petitioners 2 to 4 herein being the wife and two sons of late Bhingi Venkateshwarlu (original writ petitioner) have come on record as per the orders of Court dated 17.11.2021 passed in I.A.No.1 of 2021, in brief, as per the averments made in the affidavit filed in support of the present writ petition, is as under:

Petitioner’s late father Bhingi Narsaiah was the absolute owner and pattadar of the land in Sy.No.336/A/2, total extent of Ac.2.13 Gts., (to an extent of Ac.1-10 Gts., and Ac.1-03 Gts.) and also in possession and enjoyment of Ac.5-00 Gts., in Sy.No.578, situated at Sudimalla Village of Yellandu Mandal, Bhadradri-Kothagudem District and enjoying the same as absolute owner. The said land was acquired by the Government of Andhra Pradesh in the year 1952 for the purpose of running of a tribal school and in lieu of the same, had been allotted and given possession of Ac.5.00 Gts., of land in Sy.No.578 in addition to Ac.5.00 Gts., of land which was in possession of petitioner’s late father. Thus, petitioner’s family became absolute owner and possessor of the land in Sy.No.578, admeasuring Ac.10.00 Gts., and the same is in petitioner’s enjoyment since more than 6 decades. While so, the 4th respondent issued proceedings No.A3/462/1984 dated 01.10.1984 seeking to evict petitioner’s father to an extent of Ac.5.00 Gts., of land under the provisions of the Land Encroachment Act. Questioning the orders of the 4th respondent, the petitioner’s father filed an Appeal vide C.M.A.No.19/84 and the appellate Court after considering the entire material disposed of the appeal on 30.01.1987 stating that petitioner’s father was in possession of Government land prior to 1960-61 onwards and entitled for concession granted by the Government in terms of G.O.Ms.No.41 Revenue D Department, dated 12.01.1971, being landless poor person and allowed the appeal with a direction to the 4th respondent not to disturbed possession of petitioner’s father. Contrary to the said orders of the appellate authority, the respondents 1 and 2 forcibly took an extent of Ac.4-35 Gts., out of Ac.5-00 Gts., of land and allotted the same for the purpose of construction of 133/33 K.V. SubStation in Sudimalla Village of Yellandu Mandal without paying any compensation under the provisions of the Land Acquisition Act. Questioning the said action, petitioner and 16 others filed a writ petition in W.P.No.44399 of 2016 to direct the respondents to pay compensation and provide employment under Land Losers Scheme and the said writ petition is pending for adjudication on the file of this Court.

It is further the case of the petitioners that during the life time of the petitioner’s father late Narasaiah an extent of Ac.4- 35 Gts., was acquired for the purpose of construction of 133/33 K.V. Sub-Station in Sudimalla Village of Yellandu