SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(AP) 350

D.B.BHOSALE, S.V.BHATT
Ratnamma – Appellant
Versus
Revenue Divisional Officer, Dharmavaram, Ananthapur District – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Addepalli Suryanarayana
For Respondents/Defendant: G.P.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The primary issue addressed is the maintainability of an appeal under Section 5(5) of the relevant land records and property law statutes against the issuance of Pattadar Passbooks (PPB) or Title Deeds (TD) under Section 6-A of the Act (!) (!) .

  2. The court clarifies that the issuance of PPB/TD under Section 6-A is a consequential act reflecting entries in the record of rights, and does not by itself adversely affect substantive rights of the landowner or claimant (!) (!) .

  3. The remedy for grievances related to illegal or erroneous entries in the record of rights is provided under Section 3(3), and appeals against amendments or updates under Sections 4 and 5 are available under Section 5(5). However, no specific appeal is provided against the issuance of PPB/TD under Section 6-A (!) (!) .

  4. The legislature intentionally did not provide an appeal against the issuance of PPB/TD because it is considered a reflection of the record of rights rather than an independent substantive decision affecting rights directly (!) (!) .

  5. The right of appeal must be expressly conferred by statute; it is a substantive right that cannot be inferred or assumed without clear legislative authority (!) .

  6. The court overruled a prior view that permitted an appeal against the issuance of PPB/TD under Section 6-A, affirming that such an appeal is not maintainable under the current statutory scheme (!) .

  7. Consequently, an appeal filed against the issuance of PPB/TD under Section 6-A is not maintainable, and the proper course for an aggrieved party is to pursue other legal remedies available under the Act or common law (!) .

  8. The court disposed of the writ petition, emphasizing that its decision is limited to the question of appealability and does not examine the merits of the parties' claims (!) .

Please let me know if you need further assistance or a detailed analysis of any particular aspect.


ORDER

S.V. Bhatt, J.

1. Heard Mr. Addepalli Suryanarayana learned counsel for the petitioner, learned Government Pleader for Revenue for respondents 1 and 2 and Mr. O. Manoher Reddy, learned counsel for respondent No. 3.

2. In N. Bal Reddy v. Revenue Divisional Officer, Hyderabad East 2004 (2) ALT 457, a learned Single Judge has taken the view that against the issuance of Pattadar Passbooks (PPB)/Title Deeds (TD) under Section 6-A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short the Act), an appeal under Section 5 sub-section (5) of the Act is maintainable before the Revenue Divisional Officer.

3. Through the reference order dated 25.06.2007, the correctness of view taken in N. Bal Reddys case 2004 (2) ALT 457 (supra) is doubted by another learned Judge and the writ petition is referred to a Division Bench for decision on the maintainability of appeal under Section 5(5) of the Act against order or issuance of PPB/TD under Section 6-A of the Act.

4. The order of reference reads thus:

"The law settled on this aspect is that when the statute is silent about the right of appeal, the Courts cannot interpret and say that consequently an appeal is also maintaina




















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top