SC junks Telangana claim on prime land, govt takes back plea

Supreme Court
HYDERABAD: Telangana withdrew its petition after the Supreme Court brushed aside its claim over a five-acre prime land in Sangareddy district projecting it as a ‘Billa Dakhala’ (an unsurveyed land purchased by a petitioner and described as ‘Billa Dakhala’ property in revenue records) land.
The apex court dismissed the pleas of Sangareddy additional collector, tahsildar and RDO after their counsel requested the court to allow them to withdraw the case and approach Telangana high court to file a review petition. A three-judge bench of the apex court comprising justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, expressed reluctance to act as a fifth-level appellate authority in according pattadar passbook to EJ David, who purchased the five-acre land in Kandi-Chimnapur area in 2013.

The state government approached the Supreme Court, challenging the last month’s judgment of high court in the land case. Justice MS Ramachandra Rao found fault with the revenue officials for denying the pattadar passbook to David. “When the state is disputing a title, its officials cannot decide the title. It should be decided by a civil court after hearing the state and the individual,” the judge said. The judge imposed a cost of Rs 25,000 on the officials, directing them to pay the amount to the petitioner.
The tahsildar, RDO and the additional collector had earlier refused to mutate the title in favour of David though his vendors had the title over the land. The land was part of 63 acres originally owned by Panduranga Rao Deshmukh and his family members whose names were reflected in the pahani of 1967-68.
The vendors from whom David bought the land had a title along with pattadar passbooks. But when David sought the passbook, the revenue officials said that Panduranga Rao sold 63 acres to several persons and the five-acre plot was part of that land. They also argued that Panduranga Rao had no title. The judge went through the revenue records and found that Rao had a proper title.
Justice Ramachandra Rao directed the revenue officials to forthwith issue an e-pattadar passbook to David. When the revenue officials failed to obey the HC order, the judge convicted the additional collector and two revenue officials and sentenced them to spend two months in jail. Upon a contempt appeal filed by the officials, the sentence was, however, stayed.
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