Bar Council Of Telangana Appoints A Committee Consisting Of 8 Members Of Bct To Assist Citizens With Respect To Land Records Portal ‘Dharani’

(Judicial Quest News Network)

The Bar Council of Telangana in its General Body Meeting held on 31.01.2021 after discussing the difficulties being faced by the advocates and litigant public relating to matters being disposed off by the Revenue Courts, has constituted a Committee consisting of eight Members of the Bar Council i.e.

1) Sri Kolli Satyanarayana

2) Sri A.Giridhar Rao

3) Sri G.Mohan Rao

4) Sri G.Jithender Reddy.

5) Sri D.Madhusudhan Rao

6) Sri A.Ananthasen Reddy

7) Sri Zakeer Hussain Javid, M

8) Sri P.Kiran

to look into the issue and steps to be taken to overcome the problems. We, the Committee Members after discussing, have submitted a representation to the Hon’ble Chief Minister & to the Chief Secretary of Government of Telangana. That the Government of Telangana notified in its Gazette the date of effect of the Telangana Rights in Land and Pattedar Passbook Act 2020 (herein after referred to as the new ROR Act). Section 15 of the new ROR Act repeals the old ROR Act that is Act no 26 of 1971. Section 2 (3) of the new ROR Act created a digital platform called “Dharani” for the purpose of maintain and updating of record of right. Section 3 (3)

provides that the records maintain under the old Act in electronic form shall be deemed to have been prepared and maintain under the new ROR Act Sections 5 to 7 of new Act provides for updating of Record of Rights based on the rights acquired by the applicants under various modes like transfer by act of the parties viz Sale, Mortgage, exchange erc, transfer by operation of law viz through succession, survivorship and inheritance etc and when acquired through a court decree. Further, by way of section 9 a bar is created tor titling suit against the government or any officer of the government who made entries of amendments in the record of rights

The Pattedar passbook cum title deed is also given the evidentiary value of a title in respect of the lands mentioned therein. Moreover, the holder of the said pattedar passbook cum title deed can avail loan by depositing the said document before the credit agencies. From the above it is evident that the record of rights prepared under the new Act deal with the valuable rights of owners and pattedars. It is not out of place to mention that several appeals and revisions have been filed and pending before the Revenue divisional Officer and the Joint Collectors who were the competent authorities to deal with them by virtue of the provisions of Section5(5),5B, and 9 of the old Act. For the present Section 16 provides for transfer of all such pending appeals and revision cases under the old Act shall stand transfer to the Specially constituted to the Tribunals and the order of the Tribunal shall be final. But, Astonishingly, the authorities of the tribunals are dealing with appeals and revisions by refusing the presence of the advocates. This has become a cause of concern for the landholders, who suffered wrong and illegal mutation of land records, due to the mechanism adopted under the old Act. But when the advocates who were engaged by the parties to represent them in appeals and revisions are not being given an opportunity to submit their arguments. Since, vital issues have been involved and valuable rights of the parties would be affected an opportunity of being heard is to be given while deciding the cases before the specially constituted tribunals. This is the fundamental rule of principles of natural justice. Moreover, section 13 of the new Act confers power on the authority holding enquiry shall have then powers of a civil court under the code of Civil Procedure.

It is submitted that under the old Act, Advocates have been permitted to represent and appear on behalf of the landholders before any authority created under the old Act. Thus, it is a pre-existing right on behalf of the landholders who wanted to challenge the mutation other orders before any authority by engaging an advocate under the old Act. Even the new Act, did not take away this valuable right vested on behalf of the land-holder, As such, the action of authorities constituted under Special Tribunal to deal with appeals and revisions under the old law by denying the preexisting right enjoyed by the aggrieved land-holder, (ie., engaging a lawyer) is unfair, illegal, and arbitrary tis under your notice that the rights recorded even under the old Act have the power of altering, modifying, recognizing the substantive property rights vested in favor of the landholder. In fact, S.3(3) of the new Act has given teeth to electronic land records prepared and maintained as per the old Act. Over and above, it is been voiced that the State is heading towards creating a regime of guaranteeing title. Moreover, with the formation of the State of Telangana, many welfare measures are provided in favor of landholders such as Rythu Bandhu, availing crop loan and insurance, payment of compensation under land acquisition, etc., are been provided as per the mutation caused under the old Act. In the view above, it is evident that rights recorded under the old Act have an overarching and all-pervasive influence over the substantive right on the landed property of the land-holders. Hence, dealing with appeals and revisions pertaining to those land records under the old Act, without a due opportunity would have a chilling effect on the valuable rights of the land-holders. As such, when the action of the state has the power to impinge on the constitutionally recognized property right, it is but necessary to permit the landholder to engage a lawyer to represent his grievance. Last but not least, a state premised on rule of law, fair and transparent governance cannot deny the fundamental rule of the principle of natural justice, i.e., the right to engage a lawyer and effective opportunity before taking any action that has far-reaching and irreversible consequences on the rights of its citizens. The Hon’ble Apex Court and

High Court of State of Telangana in catena of decisions held that Quasi-Judicial Authorities strictly adhere to the principles of natural justice while passing orders That the Government of Telangana in exercise of powers conferred by Section 16 and 17 of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 framed the Rules in G.O.Ms.No.4 dated 12.01.2021, which are called “Telangana Rights in Land and Pattadar Passbooks (Special Tribunals) Rules, 2021. Rule 7 deals with the Procedure and Power of the Special Tribunals and it stipulates that while holding enquiry in respect of cases transferred shall have power as confirmed in Section 13 of the Telangana Rights in Land and Pattadar Passbooks Act 2020. As stated supra, Section 13 of the Act stipulates that while holding enquiry under this Act, the Authority shall have the powers as are vested in Civil Court under the Code of Civil Procedure 1908. Therefore, the minimum requirement is to give notice and opportunity to the ppellants/revision petitioners and to the advocates representing them in the said pending appeals/revisions now taken up by the Special Tribunals headed by the concerned District Collector and Additional Collectors. That with a view to dispose of all the pending cases before the Special Tribunals, more particularly in view of time frame fixed in Rule 8 of the Rules, the Special Tribunals are not issuing the notice and opportunity of hearing either to the appellants/revision petitioners or to their advocates and in a closed room disposing of the matters and

hence, it is in gross violation of principles of natural justice. It is also to bring to your kind notice that the concerned advocates representing the parties when approached the Special Tribunals represented by the District Collectors and Additional Collectors, they are not allowed to represent the matter on the ground that there are no instructions from the Government to give opportunity to the concerned parties or to their advocates and

therefore, we are making this representation to you sir. That the procedure now followed by the District Collectors/Additional Collectors as Special Tribunals is not only violative or principles of natural justice but also

abridging the valuable right to life and also to the property guaranteed under Articles 21 and 300-A of the Constitution of India. Ihe Hon ble High Courts and Hon’ble Apex Court in catena of decisions laid down the law that principles of natural justice is to be The Bar Council of the State uf Telangana

followed before any orders are passed either by the quasi-judicial authorities or by the

Tribunals or by the Hon’ble Courts to name a few cases.

(2010) 1 SCC 126

(2009) 16 SCC 187

(2008) 14 SCC 151

(2015) 10 SCC 19

2007 (6) ALD 348

2019 (6) ALT 8

Therefore, we request the Hon’ble Chief Minister, Government of Telangana to kindly

forthwith issue necessary instructions to the concerned authorities holding the Tribunals to give an opportunity of representation to the advocates to submit their arguments on behalf of their clients before the specially constituted Tribunals to adhere the principles of natural justice, more particularly when the disputes relating to their valuable property rights vis-à-vis the right to livelihood which are the constitutional rights, otherwise the very purpose and objective of enactment of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 and the consequential constitution of Special Tribunals would be defeated.

 the Hon’ble Chief Minister considering the representation, is kindly requested to look into the matter and issue necessary instructions to the concern.

The BCT while concluding the letter requested the Hon’ble Chief Minister to look into the matter and issue instructions to the concern