The Telangana Scheduled Areas Land Transfer Regulation, 1959 (as amended in 1970) operates prospectively and cannot retrospectively invalidate private land transfers and long-standing possession that were established prior to its enforcement.

ORDER:

The case of the petitioners, precisely as per the writ affidavit, is that they are landless poor tribals, dependent on daily wage agricultural work. They submitted representations dated 09.06.2025 and 23.07.2025 to the respondents No.2 to 5, alleging that non-tribals, particularly one Chimalamarri Srinivasarao, have unlawfully obtained registration and mutation of government land in Survey Nos. 27/1 and 27/2 of Ricepeta Revenue Village, measuring Ac.4.00, through fabricated agreements and manipulated records, with the collusion of the Tahsildar and revenue staff who issued fake pattas, in violation of the Telangana Land Transfer Regulation, 1959 as amended by Regulation 1 of 1970. Despite repeated representations seeking enquiry and appropriate action as per law, the authorities have failed to respond. The petitioners therefore seek a writ of mandamus to direct the authorities to consider their representations, conduct a detailed enquiry, cancel illegal pattas and mutations, restore the land to the Scheduled Tribe community, and assign it to the landless tribal petitioners.

2. A counter affidavit has been filed by respondent No.5-Tahsildar, on behalf of respondents No.2 to 5, contending that the writ petition is not maintainable for non-joinder of necessary parties, particularly the private individual (Chimalamarri Srinivas) against whom allegations are made; that the petitioners’ allegations of illegal mutation and issuance of pattas in respect of government land in Survey Nos. 27/1 and 27/2 of Ricepeta village in favour of non-tribals are false; that the petitioners have suppressed material facts, as the family members of the petitioners already possess agricultural land, evidenced by pattadar passbooks issued in their names; that the land in Survey No. 27/2 (Ac. 3.00 gts) is not a government or tribal land, and that the land originally belonged to a pattadar, Late Chinthalacheruvu Venkatadri, and the land was subsequently gifted in 1959 to Chimalamarri Venkata Subba Rao, who remained in possession and paid land revenue over the years, and based on such possession, a Ryotwari patta was granted in 2017 by the competent authority under the relevant regulations, and the said order has attained finality, and therefore, the petitioners’ claims are baseless and legally untenable.

3. A counter affidavit, and also an additional counter affidavit, has been filed by respondent No.6-Chimalamarri Srinivasa Rao, essentially contending that the writ petition is filed with mala fide intent to harass him and is not maintainable, as the petitioners have not established any legally enforceable right; that the land in Survey No. 27/2 (Ac. 3.00 gts), Ricepeta Village, is not a government land or tribal land, and that the land was not obtained through fraudulent means; that the respondent No.6 is in lawful possession and enjoyment of the land; that the land originally belonged to Chinthalacheruvu Venkatadri and his son C.V.K. Rao, who gifted it on 20.06.1959 to his father, Chimalamarri Venkata Subba Rao, and since then his family has been in continuous possession, paying land revenue; that this land transfer occurred prior to the coming into force of the Telangana Land Transfer Regulation (as amended in 1970), which operates prospectively and does not affect pre-1970 transactions; that his possession during the relevant period (1963–1970) was duly established, and based on this, the Revenue Divisional Officer/Settlement Officer, Bhadrachalam, granted a Ryotwari patta on 09.10.2017, which attained finality, foll