The High Court · 2025

Petition uncler Section 151 CPC praying that in the r;ircumstances stated in the affidavit file,J in support of the petition, the High Cour: may be pleased to allow the amendrrent of Para No. I and Xl of the Writ Afficlavit as proposed by replacing the same with the following paras i.e. PROPOSED AIVENDMENTS: "1. Particulars of the cause/order against which the petition is made: The Writ petition is being filed by the Petitioner in public interest challenging the G.O.Ms.No.112 dated 12-10-2020 issued by the lst Resprndent in respect of regularizing the unregistered sale transactions under Telangana Rights in Land and Pattadar Pas:; books Act,197'1 and also challenging thr; validity of Sec.6 of Telangana Bhu Bl-arathi Act (Record of Rights in Lands) Act, 1 of 2025. The said G.O. as well as Sec.6 of Telangana Bhu Bharathi Act (Recorl of Rights in Lands) Act, '1 of 2025, are: being challenged herewith as ultra vires, illegal, arbitrary and u nconstitutio n a I arrd consequently seeking appropriate directions to set aside the same". "Xl. ln view of the above submission, it is therefore'prayed that this Hon'ble Court malr be pleased to issue appropriate writ or direction particularly one in the nature rf \ /RlT OF N/ANDAIVUS declaring the C O Ms.No.112 dated 12-10-2O2O issueJ by the 1St Respondent in respect of regularizing the unregistered sale transactions under Telangana Rights in Land and Pattadar Passbooks Act,'l 9'/ 1 as well as Sec.6 of Telangana Bhu Bharathi Act (Record of Rights in Lands) Act, l of 2025, as ultra vires, illegal, arbitrary and u ncon stitutiona I and consequently declare the proceedings if any issued by the Tasildars in the State of Telangana regularizing the unregistered sale transactions in pursuance to G.O-tVls. No.112 dated 12-1C-2020 and/or under Sec.6 of Telangan.r Bhu Bharathi Act (Record of Rights in L:rnds) Acl, 1 of 2025, as null and void and pass such other order or orders as this Ilon'ble Court deems fit and proper in the circumstances of the case." and treat the amendment as part and parcel of the original Writ Affidavit lA NO:4 OF 2025 Petition under Section I51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the additional Affidavit on record and treat it as part and parcel of the Writ Affidavit in W.P.(PlL) No. 270 of 2O2O on the fite of this Hon'bte Court, in the circumstances of the case and in the interest of justice. lA NO: 1 OF 2025 Between:

1. The State of Telangana and Another, Rep by its Chief Secretary, Secretariat 2. State of Telangana, Represented by its Principal Secretary, Revenue Buildings. Hyderabad Department, Secretariat Buildings, Hyderabad AND Shinde Devidas, S/o. Late Kerba, Aged 6 l years, Occ. Farmer, R7o.3-1091 'l Limba K. Kuntala, Nirmal District , ...PETITIONERS/RESPONDENTS ...RESPONDENTM/RIT PETITIONER Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court }qy be pleased to vacate the interim order dt.11.11.2020 passed in W P.(PlL) No.270 of 2O2O Counsel for the Petitioner: SRI J. PRABHAKAR SENIOR COUNSEL REP SRI NARESH REDDY CHINNOLLA Counsel for the Respondents: ADVOCATE GENERAL The Court made the following: ORDER I THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH THE HON'BLE SRI JTTSTICE G.M.MOHIUDDIN AND I.A.Nos.1 2 3 and 4 of2025 ln and WRIT PETITION I PILI No.27O of 2OllO ORDER: Mr. J.Prabhakar, learned Senior Counsel representing Mr. Naresh Rcdd1, Chinnolla, learned counst:l for the petrtroner Mr. A.Sudarshan Reddy, learned Advo::ate General appears for the respondcnts.

2. Heard learned Advocate General appearing for the petitioners/ respondents in I.A.No.1 of 2025 qnd learned counsel for tl-re rcsponden t/ r.r,rit petitioner

3. The instant I.A.No. I of 2025 has been moved for modification of the interim order dated 1 1,.11.2()2O to enabie t , I the Gorrernment to process applications for reg:lerrisation of such unregis;tere d transactions received betu,ee r 12.lO.2O2O the date ol G.O.Ms.No. l l2 and 1O.ll.2t)2O i.e., the cut-off date prescribed under Lhe 1'elangana Bhu Bharati ) r (Record of Rights in Land) Act, 2025 (hereinafter relerred to as 'thc Act I of 2025'\.

4. The u,rit petition in the nature of a public interest litigation was preferred with the following prayer: "For the reasons stated in the accompanying affidavit, it is, therefore, pra_vcd that this Honble Court may be pleascd to issue Writ, Order, Direcl-ion more particularly one in the nature of Writ of Mandamus declarrng the G.O.Ms. No. 112 d,ated l2-IO-2020 issued by the 1"t Respondent in respect of regularising the unregistered sale transactions undcr Telargana Rights in Land and Pattadar Passbooks Act, 197 | as ultra v.ires, illegal, arbitrary ar-rd u n con stitutional and consequently declare the proceedings if any issued by thc Tasrldars in the state of Telangana regularizing the unregistcred sale transactions in pursuarce to G.O.Ms. No. 112 dated 1 2- 10-2020 as null a.r-rd void arrd pass such other order or ordcrs as this Honblc court deems ht ald proper in the circumstarces o[ the case." I

5. It was the contention of the writ petitioner that the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (hereinafter referred to as the new Act') was notified on

29.1O.2O2O. Meanwhile, on 1.2.10.2O2O the impugned G.O.Ms.No. I 12 was issued for regularisation of unregistered sale transactions which took place before 02.06.2014. The impugned G.O. had been issued under the no\4, repealed Act q ') i.e., the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (hereinafter referred to as 'the old Act'). In fact, the impugned G.O. u,as issued under the old Acr, which was repealed by tre new Act u,ith eflect from 29.10.2020

6. On I 1. ) l.2O2O, the Coordinate Bench of thrs Cor-Lrt, after hearrng the L:arned counsel lor the r,"rit petitione- ancl learned Advocate General, directed that the applications received between 12.|O.2O2O to 29.1O.2O2O shall be p'ocessed and enquiry shall go on. Howcver, such enquiry artd rrrders passed by the authorities in such apphcations received prior to

29.1O.2O2O s;hall be subject to lurther orders in this writ petition. The Court was also of the opini:rn that the applications received alter 29.1O.2O2O shall not \e processed until further orders

7. The Act I of 2025 has been notified on 04.[ ].2025. The Act I of 2025 contains a provision for regu iarisation of applicatrons lbr unregistered alienation or transf :r within the { period from 12.1O.2O2O to 10.11.2O2O as per Se<lion 6 of the Act I of 2025 which is quoted hereunder: 4 \-'-l - "6. Regularization of un-registered transactions:_ (1) Notwithstanding anlthirrg contained in this Act, or any other Law for the time being in force, where any small or marginal farmer acquired Rights over Agricultural land by virtue of al alienation or transfer made or effected otherwise than by a regrstcred document before 02.06.2014, evidencing possessron for more than twelvc vcars anrl an application is submitted under the Telangala Rights in Lancl and pattadar pass Books Act, l97l from 12. LO.2O2O ro 1O.ll.2O2O, for issue of a certificate to the alicnee or the transferee declaring that such alienation or transfer is valid, the Government ma-v order by notifrcation, the processing of these applications lor regularization of unregistcreci trarlsactions- (2) On issuc of such notification, the Revenue Divisional Ofhcer shall within the prescribed period, after making such enquiry as may be prescribed as to the trarnsfer or alienation alrd to ascertaln that the alienation or tr:utsft:r rs not in contravention o[ the provisions of the Telangana Lzu-rd Relorms (Ceiling on Agricultural Holdings) Act 1973, (Acr No. I oi t973), the Urban Land (Ceiling and Rcgulation) Act, 1976, rhe Telangana Scheduled Areas Land Trarsfer Regulation, 1959 and The Telangana Assigned Lancl (Prohibition of Tralsfers) AcL. lg77 (Act No. 9 ot \977\ and upon payment of such stamp dut). and regtstration fees, as may by prescribed, issue a certificate to the alienee or the transferee declaring that the alienation or transfer is varid from the date of issue of certificatc and such certificate shall be evidence of such alienation or tra:rsfer as against the alienor or transferor or any person claiming interest under him. (3) Nothing contained in sub scction (1) and sub_section (2) shall be deemed to lalidatc any alienation where such a.lienation is in contravcntion of the provisions of the Telangala Lald Reforms i ( -- \ ) (Celling on Agricultural Holclings) Act, 1973, (Act I,lo.I of 1973) the Urban Land (Ceiling and Regulation) Act, 1976, lht' Telangana Schedulerl Areas Land Transfer Regulation, I95!) and the Telarrgana Assigned Lands (Prohibition of Transler r) Act., 1977 . (Act No.9 of 19771."

8. The insrtant interlocutory application I.A.ho.l of 2025 has therefore been filed for vacation of the interir-r order dated 1 1 .1 I .2O2O to allow the Government to p rocess such applications received betu,een 12.IO.2O2O and lC i I .2O2O i.e., the cut-off date prescribed under the Act I ol 2O',5. When the matter was taken earlier on 13.08.2025, at tl r: request of learned counsel for the writ petitioner, it u,as ir<ljourned to

19.O8.2O25. On 19.08.2025, learned counscl for the tvrit petitioner prayed for time to respond to the praye'- rr-rade in the I.A. Th ereaftt:r, an interlocuton' application beari rg I.A.No.3 of 2025 has been filed by the writ petitioner seekinll amendment 1n para Nos.l and XI of the u,rit affidavit by re rlacing same with the proposed paras. The writ petitioner rrorv seeks to challenge the validity of Section 6 olthe Act 1 ol 2025 as being ultra uires, iliegal, arbitrary and unconstitutional.

9. Learned counsel for the u,rit petitioner sub,nrls t.hat the proposed amendment may be alloued. The i rterim order ! t 6 -- .r \ \ - dated 1 |.I1.2O2O may not be vacated. The respondents Government may not be allou'ed to carry on with the task of processing all the applications received between 12.lO-2O2O and 10. ll.2O2O i.e., the cut-off date prescribed under the Act I of 2025.

10. Learned Advocate General has opposed the interlocutory application seeking amendment to the main writ petition. He has pointed out that the reliel prayed for and the grounds urged in support thereof arc totally diflerent from the grounds urged in the existing PIL. The instant prayer could be subject matter of a fresh writ petition, if the r'"'rit petitioner has good grounds to support it. Ho"vever, in view of the enactment of the Act I of 2025 and Section 6 thereof, which allows regularisation of such unregistered transactions in respect of applications received betu'een 12.IO.2O2O and 10.ll.2O2O, the same cannot be restrained at the behest of the writ petitioner. He submits that in vieu' of the provisions in the Act 1 of 2025, the need has arisen for modification of the interim order dated ll.l1.2O2O. Otherwise, the Government may not be able to ( process such applications. It is submitted that I.A'No.2 of 7 2025 has been preferred for disposal of the rvr t petition as infructu ous 1 1 . We have considered the submissions of lea rned counsel for lhe r.r,rit pt:titioner and learned Advocate Gener al

12. Wc havr: observed in the foregoing paragraplrs that in the instant PIL, the challenge \\ras to G.O.Ms.No. I 12 dated

12.lO .2O2O on the ground that it tends 1 o regularise unregistered alienation or transfer on the basis o' applications received from 72.10.2020 till 29.1O.2O2O w-hen the new Act u,as enacted. Thc new Act did not contain sur rh provision Therefore, thr: Coordinate Bench of this Court u ls pleased to pass the intr:rim order dated Il.ll.2O2O. Thr matter had remained as such without any formal order of regullarization of the applications received on or after 12.10.2O2O The Legislature has nou, come up u.ith Act I of 2025 .,vhich has been broughl into force from 04.01.2025. Secticn 6 thereof provides that where any sma1l or marginal farrr ers acquired rights over agricultural land by way of an alienatir,n or transler ./ made or effected otherwise than by a registert:d document before 02.06.2014, evidencing possession for more than 12 I I 8 r yea-rs arrd have made such an application under the old Act from 12.10.2020 to 10.1 1.2O2O i.e., the date on which the new Act was enacted, would upon declaration by the Government that the alienation or transfer is valid, be entitled to seek issuance of a certificate that such alienation or transfer is valid. The Government may br order b,r' notification process these applications for regularisation oI unregistered transactions. It, therefore, appears that the proposed amendment to challenge the uires ol Section 6 of the Act 1 of 2025 is a totally new cause of action. Writ Petitioner, therefore, may assail the uires of the said provision by way of a fresh proceeding. However, the proposed amendment being unrelated to the original cause of action cannot be allowed to be incorporated in the prescnt u,rit petition. t Thq I.A.No.4 of 2025 seeking to receive additional aflidavit is disposed of and the I.A.No.3 of 2025 is, therefore, dismissed.

13. Having regard to the aforesaid facts and circumstances and the reasons indicated hereinabove, this Court is satisfied that in view of the coming into force of the Act 1 of 2025, specificaliy Section 6 thereof, the interirn order dated

11.11.2020 needs to be modihed. It '"i'ould be open for the 9 respondents Government to process applications received between 12.lO.2O2O till 10.11.2O2O for the purposcs of issuing a certificate of declaration to the alienee or the tr r,rn sle ree that such alienation or transfer is va1id. The interinr order dated ll.l1.2O2O stalds modified in the aforesaid manncr. I.A.No.1 of 2025 is disposed of accordingly

14. We are also of the considered view that uporr ,_-ontrng into lorce of the Act I of 2025, the challenge to the G O.Ms.No.1 i2 dated 12.lO.rr.O2O has been rendered infructuou:r Therefore, I.A.No.2 of lt-O25 is disposed of and the insranI PIL ls, accordingly, clisposed of as infructuous. Horveve ', thcre shal1 be no order as to costs. Miscellaneous applications pending, if any sira ll stand closed To, SDi. M. NAGAMANI S ANT REGISTRAR A //TRUE COPY// ,$ECTON OFFTCER 1 2 4 The Chief Secretary, Secretariat Buildings, T.S.,Hyderabrrd The Principar Secretary; Revenue Department, Secretarirrt Buildings, T.S.,Hyderabad One CC to SRl. NARESH REDDY CHINNOLLA, Advocate [OPUC] Two CCs to THE ADVOCATE GENERAL, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 5 BIV GJPd HIGH COURT DATED:2 610812025 -._=== ,t,.l16 :\E 15 S'iP 2M5 1,i\ -c. t) ESFri'1\ rt-\) '-:--:-2 olT^o'T z nL,),-{ j I$ WP(PIL).N 0.270 oI 2020 ^l DrsPostNG oF BoTH THE WRIT pETt'flON (ptl) AND IA NO.2 OF 2025 WITHOUT COST'S I 1 { o