The procedure for rectification of errors in revenue records is prescribed under Section 5(3) of the Andhra Pradesh (Rights in Land) and Pattadar Pass Book Act, 1971, and Rule 19(1) of the Andhra Pradesh (Rights in Land) and Pattadar Pass Book Rules, 1972.

Headnote:
LAND ACQUISITION - COMPENSATION - ENTITLEMENT - BOGUS ENTRIES - RECTIFICATION OF ERRORS - PROCEDURE - ANDHRA PRADESH (RIGHTS IN LAND) AND PATTADAR PASS BOOK ACT, 1971 - SECTION 5(3) - RULE 19(1).
Fact of the Case:

Petitioner claimed compensation for land acquired for house site pattas under the "Navarathnalu Pedalandariki Illu" scheme. The 4th respondent issued a notice to the petitioner and others to attend an enquiry regarding the land acquisition. The petitioner contended that she was in possession of 3.30 cents of land in Sy. No. 507/A3, but the 4th respondent officials committed a mistake and wrongly entered the extent as 2.71 cents and changed the Sy. No. to 507/A. The 4th respondent contended that the petitioner's claim was false and baseless, and that the entry in the revenue records for 3.30 cents in Sy. No. 507/A3 was bogus.
Finding of the Court:

The court found that there were disputed questions of facts regarding the land owned and possessed by the petitioner, and that it was difficult to decide such questions in a writ petition. The court also found that the petitioner had applied for correction of errors in the revenue records through Mee Seva, but no order had been passed on the application. The court further found that the 4th respondent had conducted an enquiry on the petitioner's claim, but no orders had been passed.
Issues: 1. Whether the petitioner was entitled to compensation for the land acquired. 2. Whether the entries in the revenue records were bogus. 3. Whether the 4th respondent had followed the proper procedure for rectification of errors in the revenue records.
Ratio Decidendi: 1. The court held that the petitioner was entitled to claim compensation for the land she owned and possessed, as per the Form 1B Adangal produced by the 4th respondent. 2. The court held that the 4th respondent had not produced any evidence to substantiate the contention that the entries in the revenue records were bogus. 3. The court held that the 4th respondent had not followed the proper procedure for rectification of errors in the revenue records, as prescribed under Section 5(3) of the Andhra Pradesh (Rights in Land) and Pattadar Pass Book Act, 1971.
Final Decision: The court directed the 4th respondent to conduct a fresh enquiry for rectification of errors in the revenue records and to pass appropriate orders on the petitioner's claim within one month. The court also directed the 4th respondent not to dispossess the petitioner from the subject land till passing such orders.

JUDGMENT

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…….to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the illegal action of the respondents No.3 to 4 in interfering and dispossessing petitioner peaceful possession and enjoyment by laying house site pattas in respect of petitioner land in Sy.No.507/A3 an extent of Ac 3.30 cents but while mutating petitioner name in Online Adangal only an extent of Ac 2.71 cents and changed Sy.No.507/A situated at Rudravaram Village, Kurnool Mandal, Kurnool District without following the procedure under Land Acquisition Act and paying compensation, which is illegal, unjust, arbitrary, contrary to the Act and in violation of Articles 14, 16 and 21 of Constitution of India and in violation of principles of natural justice and consequently direct the respondents herein not to dispossess and distribute the house site pattas to the beneficiaries under Navarathnalu Pedalandariki Illu Housing Scheme in respect of petitioner land in Sy.No.507/A3 an extent of Ac 3.30 cents, but while mutating petitioner name in Online Adangal only an extent of Ac 2.71 cents and changed Sy No.507/A situated at Rudravaram Village, Kurnool Mandal, Kurnool District, further direct the respondents herein to pay the compensation Rs.18,00,000/- per acre on par with others as otherwise petitioner and her family will suffer serious loss and grate hardship and pass such other order or orders …..”

2. The petitioner is Golla Lakshmi Devi. Her specific case is that, herself and her family members have been in possession and enjoyment of Government Land in Sy.No.507/A to an extent of Ac 0.71 cents and land in Sy No.507/A3 an extent of Ac 3.30 cents, total Ac 4.01 cents, besides some other land since two decades. They have been cultivating the said land and eking out their livelihood. The parents of this petitioner performed her marriage and partitioned the above land and allotted to her, consequently, necessary entries were made in pattadar passbooks in Khata No.626. Subsequent to her marriage in the year 2016, with one Kistappa, Aluru Mandal, but due to matrimonial disputes, she is living separately and maintaining herself, her daughter with the income earned by cultivating the said land.

The 3rd respondent initiated Land acquisition proceedings to provide house site pattas under “NAVARATHNALU PEDALANDARIKI ILLU” scheme by proceedings R.Dis.No.G2/(H.S)/766/2020, dated 25.06.2020, which the petitioner was obtained under Right to Information Act (RTI) on 21.09.2020. The 3rd respondent did not issue any notice to this petitioner and did not pay compensation though she is eligible in terms of the Land Acquisition proceedings.

Due to political influence, the respondents No.2 to 4 mutated some other persons names for the land in Sy No.507/A3 and mutated the name of the petitioner in Online Adangal only for an extent of Ac 2.71 cents and changed Survey Number as Sy.No.507/A situated at Rudravaram Village, Kurnool Mandal, Kurnool District. Immediately the petitioner approached the respondents No.3 and 4, several times, but they did not attend her grievance to pay compensation following due process of law. But the local political leaders influencing the respondents No.2 to 4 mutated their names for the land in Sy No.507/A3 so as to enable those persons to claim compensation. Thus, the respondents No.3 and 4 paying compensation to the ineligible persons, illegally and arbitrarily.

The petitioner asserted that she has been in possession and enjoyment of the land in Sy No.507/A3 and while mutating her name in the Online Adangal, the 4th respondent officials committed mistake and wrongly entered the extent as Ac 2.71 cents and changed Sy No.507/A, situated in Rudravaram village, Kurnool Mandal, Kurnool district. Thereupon, she mad

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2021 Supreme(AP) 376

ANDHRA PRADESH HIGH COURT AT AMARAVATHIM. Satyanarayana Murthy, J.Golla Lakshmi Devi - AppellantVersusState of Andhra Pradesh - RespondentWrit Petition No. 19273 of 2020Decided On : 27-07-2021

The procedure for rectification of errors in revenue records is prescribed under Section 5(3) of the Andhra Pradesh (Rights in Land) and Pattadar Pass Book Act, 1971, and Rule 19(1) of the Andhra Pradesh (Rights in Land) and Pattadar Pass Book Rules, 1972.

ANDHRA PRADESH HIGH COURT AT AMARAVATHI
M. Satyanarayana Murthy, J.
Golla Lakshmi Devi - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition No. 19273 of 2020
Decided On : 27-07-2021