Telangana HC stays regularisation of Sada bainamas

A two-judge panel of the Telangana High Court, comprising Chief Justice Raghvendra Singh Chauhan and Justice B Vijayasen Reddy, on Wednesday stayed the processing of applications for regularisation of Sada bainamas or the unregistered sale transactions received after the commencement of the new Telangana Rights in Land and Pattadar Passbooks Act, 2020, ie, applications received after October 29.

The panel made it clear that though the applications filed between October 12 and October 28 can be processed, the regularisation shall be subject to the final outcome of the present case. It further directed the government to file its response within two weeks.

The panel was dealing with a public interest litigation case filed by Shinde Devadas, a farmer from Nirmal district, challenging the regularisation of Sada bainamas. The State



government issued GO 122 on October 12, 2020, for regularisation of Sada bainama transactions, which took place before June 2, 2014.

The petitioner contended the GO was invalid as it is issued under the repealed Telangana Rights in Land and Pattadar Passbooks Act, 1971. The repealing new Act, 2020, does not provide for the said regularisation. He contended that receiving and processing applications for regularisation of Sada bainama under the repealed Act, 1971, is illegal.

According to Advocate General BS Prasad, 2,26,673 application were received between October 12 and October 29 and 6,74,201 applications were received from October 29 to November 10. He said under the General Clauses Act, it is permitted to implement the GO under the repealed Act. The panel will continue to hear the case after two weeks.