Hello Sir,
I have gone through your query .Allow me to offer some advice that I believe will be helpful to you.
The issue you’ve raised relates to a dispute over land titles and mutations that occurred in 1998 and it seems you are seeking a way to rectify the records under the Telangana Pattadar Pass Book Act and the Revenue Records of Rights (ROR) Act.
As per the Legal Provisions,
1. Section 9 of the ROR Act allows for the revision of land records when there has been an error or issue in the mutation process. However, as you’ve mentioned, the Collector’s office has informed you that the new act has come into force, and they are not entertaining the case under this provision.
2. Telangana Pattadar Pass Book Act governs the issuance of land passbooks and titles to landowners. The mutation done in 1998 may have been legally valid at the time, but if it was carried out without your consent or with improper documentation, it might be subject to rectification.
These are the possible solutions,
1. Writ Petition:
A writ petition under Article 226 of the Constitution can be filed in the High Court for rectification of the Revenue Records (ROR) and to challenge the mutation process. The writ petition can be filed to correct the errors in the records and seek demarcation of the land. Writ jurisdiction is available for matters of this nature, especially when the authorities have not taken corrective action.
2. Rectification of ROR:
The writ can seek rectification of the Revenue Records, which would restore the original status of your plots, as per the rights that were granted to you. The court may direct the authorities to revisit the mutation and title deeds, considering any legal errors that occurred during the mutation process in 1998.
3. Cost of Filing Declaration of Title:
Filing for declaration of title in a regular court could indeed be expensive, and that’s why seeking rectification through a writ is often a more cost-effective option. A writ can potentially restore your plots without the need for extensive court fees.
Actions that can be taken here,
1. File a Writ Petition: Approach a lawyer experienced in land disputes to file a writ petition in the Telangana High Court for rectification of the mutation records and restoration of your land titles.
2. Demarcation of Land: You can request in the writ that the land be physically demarcated and the mutation process revisited to ensure that you receive proper titles as per the original sale.
3. Consult with a Lawyer: Consult with a property lawyer who specializes in land records and constitutional law to draft and file the writ petition, as it will require a detailed understanding of the facts and the relevant legal provisions.
Referring to cases like K.K. Verma vs. Union of India (AIR 1998 SC 2683), Union of India vs. S.S. Pandit (2007) and Balwant Singh vs. State of Haryana (2006) might strengthen your case.
Thank you for reaching out to us. Please feel free to ask any follow-up questions that you may have.
