Telangana HC stays regularisation of Sada bainamas
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
Hyderabad: 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The petitioner contended the GO was invalid as it is issued under the repealed Telangana Rights in Land and Pattadar Passbooks Act, 1971.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 He contended that receiving and processing applications for regularisation of Sada bainama under the repealed Act, 1971, is illegal.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 He said under the General Clauses Act, it is permitted to implement the GO under the repealed Act.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.
Rotation in GHMC
The same panel dealt with a writ petition filed by Neeranki Ravi challenging Section 5(2)(e) of the GHMC Amendment Act, 2020. The said section provides that the allotment by rotation to different wards for SC, ST, BC and Women once made shall be in force for two consecutive terms.
The petitioner contended freezing the seats for two consecutive terms is unconstitutional and defeats the purpose of rotation enshrined under the Article 243-T of the Constitution. The panel issued notice to the government and directed it to submit its response by November 23. Even as Senior Counsel L Ravichander pointed to the illegality, State Advocate General BS Prasad pointed out that similar provisions were upheld by high courts in other states.
Temple trustees
Justice A Rajasekhar Reddy stayed action of the Endowments department to appoint non-hereditary trustees to the Sri Kasi Visweswara Swamy Temple in Warangal. The judge made the interim order while dealing with a writ plea filed by Harish Kumar. The petitioner contended that the temple was run by him and others for over half a century without any interference from the department.
He said the authorities only supervised the funds in the hundi. He argued that the action of the Principal Secretary to the government in notifying the temple for appointment of non-hereditary trustees was illegal.
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