Authorities are mandated to trace permanent records for petitioners under applicable statutes.

ORDER

This Writ Petition is filed praying this Court to declare Memo No.RK/33/2025, dated 27.03.2025 issued by respondent Nos.2 and 3, expressing inability to issue certified copies of the requested files bearing C.C.Nos.W/751/1975; W/752/1975; W/753/1975 and W/389/1975, as the same are readily not traceable, as illegal, arbitrary and violative of Section 75 of the Bharatiya Sakshya Adhniyam, 2023 (for short “the BSA, 2023”)

and for other consequential reliefs.

2. It is stated that the petitioners are the owners and possessors of the agricultural lands situated in Sy.Nos.202, 451, 61, 81, 89, 136, 137 and 156 including Sy.No.131/1 of Khajaguda Village, Serilingampally Mandal, Ranga Reddy District. It is further stated that the petitioners have made an application seeking to furnish the certified copies of Files bearing C.C.Nos.W/751/1975; W/752/1975; W/753/1975 and W/389/1975 to enable them to pursue their remedies before the appropriate forum/Court. It is further stated that the respondent authorities, instead of making efforts to verify the files relating to the subject land more particularly the files relating to the declaration under the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short “the Act, 1973”), which are in the nature of permanent records, have rejected the said application vide Memo No.RK/33/2025, dated 27.03.2025 stating that the files relating to the subject land are not presently traceable.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage.

4. Mr. Mohd. Adnan, learned counsel appearing for the petitioners, has vehemently contended, that under the provisions of the Act, 1973, the declaration and computations are in the nature of permanent records as the surplus lands are vested in the State and also conferring the title over the retainable lands in favour of the declarants as absolute owners. The records, which are in the nature of permanent records, have to be traced to furnish the same to the petitioners either on the application submitted by the petitioners under the provisions of the Right to Information Act, 2005 or under the provisions of the BSA, 2023. Section 8 (3) of the Right to Information Act, 2005 states that subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section.

5. A conjoint reading of Section 8 (3) of the Right to Information Act, 2005 with Section 75 of the BSA, 2023, implies that the respondents have to furnish the records, which are in the nature of permanent records.

6. In view of the above submissions and as it is the responsibility on the part of the respondents to trace out the records, which are permanent in nature, this Court is of the opinion that the ends of justice would be met if the respondents are directed to make thoroughly search and furnish the information with regard to the Files bearing C.C.Nos.W/751/1975; W/752/1975; W/753/1975 and W/389/1975 by obtaining necessary records from the District Collector or the Land Reforms Appellate Tribunal within a period of six (06) weeks from the date of receipt of a copy of this order. If, for any reason, those records are not available, the petitioners are permitted to make use of the certified copies which are issued earlier as secondary evidence under Section 65 of the BSA, 2023 in accordance with law.

7. With the above observations, this Writ Petiti