The Telangana High Court on Monday made it clear that Revenue authorities, including tahsildar, revenue divisional officers, district collector, and even senior officials like the principal secretary of revenue or the chief secretary, do not have the authority to issue possession certificates for agricultural lands under the Telangana Rights in Lands and Pattadar Passbooks Act, 2020.
Hearing a petition filed by Narlakonda Mallaiah and others, Justice CV Bhaskar Reddy stated that only competent civil courts are authorised to issue possession certificates, following a thorough examination of evidence and documentation. The judge said that neither the High Court nor the Supreme Court has the power to issue such certificates, clarifying the legal limits of the revenue authorities’ powers in land matters.
The petitioners were challenging a possession certificate issued by the collector of Yadadri Bhongir district over two acres of land in Survey No. 122 of Toopranpet village, Choutuppal mandal. The dispute arose after the land was sold by the original owner in 1985 via a ‘sada bainama’ to the petitioners. However, the seller and his son, Taduri Venkat Reddy, the MPP president in Choutuppal, allegedly managed to influence authorities and sold the land to third parties after obtaining a possession certificate from the collector.
Ch Venkat Yadav, counsel for the petitioners, said that the collector did not specify under which legal provision the possession certificate had been issued. The court faulted the collector for failing to clarify the legal basis of the certificate and said that only civil courts have the authority to adjudicate on such matters, ensuring due process is followed.
In its order, the high court directed the Collector to explain the issuance of the possession certificate and ordered status quo on all transactions related to the disputed land, and adjourned the matter to December 9.