The Telangana Rights in Land and Pattadar Pass Books Act, 2020

S.1 Short title, extent and commencement.

(1) This Act may be called the Telangana Rights in Land and Pattadar Pass Books Act, 2020.

(2) It extends to the whole of the State of Telangana.

(3) It shall come into force on such date¹ as the Government may, by notification in the Telangana Gazette, appoint.

S.2 Definitions.

In this Act, unless the context otherwise requires,-

(1) “certified copy” or “certified extract” means a copy or extract taken from Dharani, as certified in the manner prescribed by section 76 of the Indian Evidence Act, 1872.

(2) “credit agency” means any banking company as defined in the Banking Regulation Act, 1949, the State Bank of India and its subsidiaries, a corresponding new Bank, a Regional Rural Bank, a Co-operative Bank or credit society by whatever name called, Agricultural Development Bank and includes any other agency or individual the main object of which is to lend money.

(3) “Dharani” means the digital platform created and maintained for the purposes of Record of Rights.

S.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;

(3) The Record of Rights prepared and now being maintained under the provisions of the Telangana Record of Rights in Land and Pat

S.5 Registration and effecting Change in 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 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 a

S.6 Effecting Change in Record of Rights when acquired the right over the land through succession, survivorship, inheritance.

(1) Any person or persons who acquire rights over land through succession, survivorship, inheritance and seeking to effect change in Record of Rights, after arriving at consensus among all the legal heirs on the manner of division of the land among themselves, shall make an application, enclosing the joint agreement specifying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the convenience of the persons to appear before the Tahsildar.

(2) When persons of a family seek change of Record of Rights, all the members of the family after arriving at consensus with regard to the manner of partition of the land among themselves shall make an application, enclosing the joint agreement specifying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time a

S.7 Effecting Change in Record of Rights when acquired through court decree.

(1) Any person who acquires right by decree of a court and seeks to change the entries in Record of Rights, shall apply, through the website prescribed for this purpose, to the Tahsildar for allotting available date and time to appear before the Tahsildar.

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

(3) The person mentioned in sub-section (1) shall attend before the Tahsildar on the date and time allotted to him.

(4) In every case where the pattadar and property particulars in the decree 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, if not colle

S.8 Fraudulent issue of Pattadar Pass Book-cum-Title Deed for Government Lands.

On complaint or otherwise as regards to issue of Pattadar Pass Book-cum-Title Deed fraudulently for Government land, the District Collector shall cancel the Pattadar Pass Book-cum-Title Deed and take action for dismissal of the Tahsildar concerned and to initiate Criminal Action, besides resuming the land under Law.

S.9 Bar of Suit.

No suit shall lie against the Government or any officer of the Government who have made an entry, in respect of any land, made in or amended or omitted from the Record of Rights.

S.10 Issue of Pattadar Pass Book-cum-Title Deed in pending Cases.

In cases where Pattadar Pass Book-cum-Title Deed is not so far issued due to any reason, the Tahsildar shall issue Pattadar Pass Book-cum-Title Deed duly following the procedure as in section 5 or 6 or 7.

S.11 Evidentiary value of Pattadar Pass Book-cum-Title Deed.

The Pattadar Pass Book-cum-Title Deed issued under this Act shall be deemed to be the title deed and it shall have the same evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of the Transfer of Property Act, 1882 as a document registered in accordance with the provisions of the Registration Act, 1908 has, under the law.

S.12 Grant of Loans and Encumbrance.

(1) Any Credit Agency shall grant loan on the basis of Record of Rights maintained electronically without insisting on Pattadar Pass Book and copy of Pahani. The Agency shall not keep the Pattadar Pass Book-cum-Title Deed in case of crop loans as per the existing guidelines.

(2) The credit agency shall record in the Record of Rights every loan disbursed to him and every repayment of such loan.

S.13 Powers under Code of Civil Procedure, 1908.

The Government or any Authority authorized by the Government while holding enquiry under this Act shall have the powers as are vested in Civil Court under the Code of Civil Procedure, 1908.

S.14 Punishment for contravention.

(1) Every Officer acting under or in pursuance of the provisions of this Act or under the rules made there under shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

(2) Whoever being a public servant tampers with record of rights or passes an order which is fraudulent, shall be liable for the penalty of removal or dismissal from service besides criminal proceedings under any other applicable laws.

S.15 Repeal.

The Telangana Rights in Land and Pattadar Pass Books Act, 1971 in force is hereby repealed from the date of commencement of this Act.

S.16 Constitution of Special Tribunals.

(1) On such repeal all the pending Appeals and Revision cases under the provisions of Telangana Rights in Land and Pattadar Pass Books Act, 1971 shall stand transferred to the Special Tribunals.

(2) On disposal of appeal or revision by the Tribunal, the order of the Tribunal shall be final and shall be implemented under the provisions of this Act.

S.17 Power to make Rules.

The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

S.18 Power to remove difficulties.

If any difficulty arises in giving effect to any provision of this Act, the Government may, by notification, make such provisions not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the purpose of removing the difficulty.

S.4 Protection to the State and Central Government Lands etc.

(1) Nothing in this Act shall apply to lands belonging to the State Government or the Central Government.

(2) Notwithstanding any judgment, decree, order, proceeding of court or any other authority, save the authority prescribed under the Telangana (Abolition of Jagirs) Regulation, 1358 F., and rules thereof, all the Jagir lands including Paigah, Samsthans part of Jagir, Maktha, Village Agrahar, Umli and Mukasa, etc., within the meaning of Telangana (Abolition of Jagirs) Regulation, 1358 F., which stood vested in the State under the said Act, the title and ownership of such Jagir lands shall never be transferred or shall never be deemed to have been transferred to any person.

(3) The Jagir lands defined under the Telangana (Abolition of Jagirs) Regulation, 1358 F., shall be recorded and maintained as Government lands in the revenue

Legal Commentary on Section 4 of The Telangana Rights in Land and Pattadar Pass Books Act, 2020

Introduction

Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, deals with the Preparation, Maintenance, and Updating of the Record of Rights (RoR) in electronic form, and the procedures for correction and updation of land records. It aims to establish a transparent, digitized system for land ownership records, replacing manual entries and paper-based records, thereby fostering transparency and reducing disputes.

What does Section 4 Say

Section 4 mandates that:- The Record of Rights (RoR) shall be prepared and maintained electronically in a centralized system (Section 4(1)).- The RoR shall contain details such as the names of landholders, survey numbers, extents, and other relevant particulars (Section 4(2)).- The records shall be updated periodically based on applications or orders, ensuring the records reflect current ownership and possession status (Section 4(3)).- The section provides procedures for corrections, amendments, and updates based on applications, objections, or orders by authorized officers (Section 4(4)).- It emphasizes protection of rights of the State and Central Government lands and envisions that the records are authentic and tamper-proof (Section 4(5)).

Essential Ingredients

Digital record-keeping: All land records must be maintained electronically.
Periodic updates: Records are to be updated based on applications or orders.
Application for corrections: Landholders or interested parties can seek corrections or updates.
Verification process: Enquiries and verification are mandatory before making entries.
Authority for amendments: Only designated officers (e.g., Tahsildar, District Collector) can approve corrections.
Protection of government lands: Special provisions safeguard government and state lands.
Legal sanctity: The electronic RoR has legal validity, superseding manual records.

Scope of Section 4

Applies to all lands within Telangana, including agricultural, non-agricultural, urban, and rural lands.
Encompasses initial preparation and subsequent periodic updation of land records.
Covers corrections, amendments, and rectifications based on applications, objections, or orders.
Ensures digitization of land records, aligning with e-governance initiatives.
The section provides a framework for maintaining accurate, authentic land records in a centralized digital system.

Punishment for Section

Section 4 itself primarily deals with procedures and does not specify explicit punishments. However:- Failure to maintain accurate records or unauthorized alterations could attract penalties under Section 16 (Penalties for contravention) of the Act.- Illegal corrections or tampering with records may lead to disciplinary action, fines, or prosecution under relevant provisions of the Act and Indian Penal Code.

Legal Comments

Digital Record Maintenance - The section mandates centralized, electronic maintenance of land records, aligning with e-governance principles and reducing manual errors [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Application-based Corrections - Corrections to land records are to be made only after proper verification and on application, ensuring transparency and accountability [Sources: "S. Aruna Devi W/o. Krishna Reddy VS State of Telangana, Rep. , by its Principal Secretary, Stamps & Registration Department", "Thummala Narasimha Reddy S/o Late Sri Narayana Reddy VS State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat Hyderabad"].
Authority for Amendments - Only designated officers like Tahsildars or District Collectors can approve updates, preventing unauthorized modifications [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Protection of Government Lands - The section emphasizes safeguarding government and state lands from illegal encroachments or record manipulations [Sources: "Kasarla Yadagiri VS State of Telangana", "Gold Stone Exports Pvt. Ltd. VS M. S. Murthy, S/o. M. G. Rao"].
Legal Validity of Electronic Records - The RoR maintained electronically under Section 4 has legal sanctity, replacing manual records, and is admissible as evidence of land ownership [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Procedural Safeguards - The process involves verification, objections, and hearings, ensuring natural justice and preventing arbitrary updates [Sources: "S. Aruna Devi W/o. Krishna Reddy VS State of Telangana, Rep. , by its Principal Secretary, Stamps & Registration Department", "Thummala Narasimha Reddy S/o Late Sri Narayana Reddy VS State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat Hyderabad"].
Role of Revenue Officers - Officers like Tahsildars and Collectors are entrusted with the responsibility of maintaining, updating, and rectifying land records under statutory procedures [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Periodic Updating - The section mandates regular updates to reflect changes due to sale, inheritance, or other transactions, which is crucial for legal certainty [Sources: "S. Aruna Devi W/o. Krishna Reddy VS State of Telangana, Rep. , by its Principal Secretary, Stamps & Registration Department", "Thummala Narasimha Reddy S/o Late Sri Narayana Reddy VS State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat Hyderabad"].
Protection Against Unauthorized Changes - Unauthorized or clandestine alterations are penalized, emphasizing the importance of following due process [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Integration with e-Governance - The section supports integration with portals like Dharani, facilitating online applications, verification, and record access [Sources: "Bande Sreenivas VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Legal Hierarchy - The electronic RoR under Section 4 takes precedence over older manual or paper records, ensuring up-to-date, authentic land data [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Protection of Land Rights - The section ensures that landholders can seek corrections without fear of arbitrary actions, safeguarding their land rights [Sources: "S. Aruna Devi W/o. Krishna Reddy VS State of Telangana, Rep. , by its Principal Secretary, Stamps & Registration Department", "Thummala Narasimha Reddy S/o Late Sri Narayana Reddy VS State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat Hyderabad"].
Legal Recourse - Disputes regarding corrections or updates can be challenged before tribunals or courts, ensuring judicial oversight [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Implementation Challenges - While Section 4 aims for digitization, practical issues like technical glitches, lack of awareness, or procedural lapses can hinder effective implementation [Sources: "Bande Sreenivas VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].
Alignment with Repealed Laws - The section and Act align with repealed laws like the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317, but with enhanced procedures suited for modern governance [Sources: "Kasarla Yadagiri VS State of Telangana", "Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department"].

Conclusion

Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, emphasizes a systematic, transparent, and digitized approach to maintaining land records, with safeguards against unauthorized alterations. It reinforces the legal sanctity of electronic records, procedural correctness, and the role of designated authorities, aligning with modern e-governance initiatives. However, challenges in implementation and ensuring natural justice in corrections remain pertinent issues for effective enforcement.

Note: The references are drawn from the provided sources, summarized as per the relevant provisions and judicial observations related to land record maintenance, corrections, and digital record systems under the Act and related laws.