Justice C.V. Bhaskar Reddy made it clear that neither the tahsildar, revenue divisional officer, district collector, principal secretary of revenue nor the Chief Secretary has authority to issue the possession certificate. Except the competent civil court, even the High Court or the Supreme Court do not have authority to issue the possession certificate, Justice Reddy clarified.
The judge was dealing with a petition filed by Narlakonda Mallaiah and others, who challenged the possession certificate issued by the Yadadri-Bhongir district collector over a two-acre land in Survey No. 122 of Toopranpet in Choutuppal mandal. Based on the panchanama and report submitted by the mandal revenue inspector, the Choutuppal tahsildar submitted a report to the RDO regarding the possession of the land. The RDO forwarded the report to the collector based on which he issued the possession certificate.
The petitioners' grievance was that they had purchased the land in 1985 through sada bainama from its owner and it was pending. He complained that the seller and his son Taduri Venkat Reddy, president of the mandal praja parishad of Choutuppal mandal, had managed the authorities and sold the land to third parties and obtained possession certificates from the collector.
Chelikani Venkat Yadav, counsel for the petitioners, brought to the notice of the court that the collector did not mention under which provision he had issued the possession certificate. The court issued status quo orders on all transactions over the land and directed the collector to explain on what basis he had issued the possession certificate.
