ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971
(1) This Act may be called the Andhra Pradesh [Rights in Land] and Pattadar Pass Books Act, 1971.
(2) It shall come into force at once.
(3) It shall come into force in such area or areas and on such date or dates as the Government may, by notification, from time to time specify in this behalf.
In this Act, unless the extent otherwise requires,-
(1) "Certified copy" or "certified extract" means a copy of extract, as the case may be, certified in the manner prescribed by Section 76 of the Indian Evidence Act, 1872 (Central Act 1 of 1872).
(2) "Collector" means the Collector of a district and includes "Joint Collector";
(2a) "Commissioner" means the Commissioner, Survey Settlements and Land Records";
(2aa) "Credit agency" means any banking company as defined in the Banking Regulation Act, 1949, the State Bank of India and its subsidiaries, a corresponding new bank, a Regional Rural Bank, a Co operative Bank or Credit Society by whatever name called, Agricultural Development Bank and includes any other agency or individual the main object o
(1) As soon as may be after the commencement of this Act any area, there shall be prepared and brought upto date from time to time, by the recording authority in such manner, and thereafter maintained in such form as may be prescribed, a records of rights in all lands in every village in that area and such record of rights shall contain the following particulars, namely:
(a) the names of all persons who are owners, pattadars, mortgagees occupants or tenants of lands;
(b) the nature and extent of the respective rights or interest of such persons and the conditions or liabilities if any, attaching thereto;
(c) the rent, revenue or other amount, if any, payable by, or to any of such persons;
(d) such other particulars as may be prescribed.
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(1) In relation to any village in which the provisions of this Act are in force, the provisions of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli or of any other law for the time being in force which are inconsistent with the provisions of this Act shall have effect subject to such omissions or modifications as may be required for the removal of the inconsistency.
(2) In particular and without prejudice to the generality of sub section (1) in relation to any village in which the provisions of this Act are in force, in Telangana Area, Sections 103 and 141 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli shall have effect in relation to such village as if the word pattadar in each of the said sections were substituted by the word occupant.
(1) Any person acquiring by succession, survivorship, inheritance, the partition, Government patta, decree of a court or otherwise any right as owner pattadar, mortgagee, occupant or tenant of a land and any person acquiring any right as occupant of a land by any other method shall intimate in writing his acquisition of such right, to the Mandal Revenue Officer within ninety days from the date of such acquisition, and the said Mandal Revenue Officer shall give or send a written acknowledgment of the receipt of such intimation to the person making it:-
Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other persons having charge of his property shall intimate the fact of such acquisition to the Mandal Revenue Officer.
(2) Notwithstanding anything contained in the Registration Act, 19
(1) On receipt of intimation of the fact of acquisition of any right referred to in Section 4, the [Mandal Revenue Officer] shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence therefor and shall carryout the amendment in the record of rights in accordance with such determination:-
Provided that no order refusing to make an amendment in accordance with the intimation shall be passed unless the person making such intimation has been given an opportunity of making his representation in that behalf.
(2) Where the [Mandal Revenue Officer] has reason to believe that an acquisition of any right of a description to which Section 4 applies has taken place and of which an intimation has not been made to him under that Section and where he considers that an amendment has to be effected in the
The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, aims to provide a framework for the rights of landholders in Andhra Pradesh, including the issuance of Pattadar Pass Books, which serve as proof of ownership. Section 5 specifically addresses the procedures for amending records of rights and the appeals process related to such amendments.
Section 5 of the Act outlines the process for making amendments to the records of rights and the procedure for appeals against such amendments. It stipulates that any aggrieved party may appeal to the Revenue Divisional Officer (RDO) within a specified time frame if their request for an amendment is denied or if an amendment is made against their interest.
The scope of Section 5 encompasses:- The authority of the RDO to hear appeals regarding amendments to land records.- The requirement for the RDO to make decisions based on the merits of the case, considering the principles of natural justice.- The provision for the finality of the RDO's decision, subject to further legal recourse in civil courts.
While Section 5 does not prescribe specific punishments, it establishes a framework for legal recourse in cases where the rights of individuals are violated through improper amendments or failure to follow due process.
(1) Notwith standing anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force, where a person is an occupant by virtue of an alienation or transfer made or effected otherwise than by registered document, the alienee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
(2) On receipt of such application, the Mandal Revenue Officer shall after making such enquiry as may be prescribed require the alienee or the transferee to deposit in the office of the Mandal Revenue Officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Ac
An appeal shall lie against an order passed by the Mandal Revenue Officer under sub section (4) of Section 5 A, to the Revenue Divisional Officer within thirty days of the date of communication of the order and the Revenue Divisional Officer shall after due enquiry pass such order on the appeal as he deems fit, and such order shall, subject to revision under Section 9 be final.
The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, was enacted to provide a systematic framework for the rights in land and the issuance of pattadar passbooks, which serve as proof of ownership. Section 5(B) specifically addresses the appeal process for aggrieved parties regarding orders passed by the Tahsildar under Section 5(A).
Section 5(B) stipulates that an appeal can be filed against an order made by the Tahsildar under subsection (4) of Section 5(A) to the Revenue Divisional Officer (RDO) within a specified timeframe. This section ensures that individuals have a legal recourse to challenge decisions affecting their land rights.
The scope of Section 5(B) is limited to appeals concerning orders made by the Tahsildar under Section 5(A). It does not extend to other types of disputes or orders outside this context.
While Section 5(B) itself does not prescribe punishment, related provisions indicate that violations of the Act may lead to penalties under Section 420 of the Indian Penal Code, which deals with cheating and dishonestly inducing delivery of property.
Every entry in the record of rights shall be presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provisions of this Act. [Any mortgage or charge created earlier to a mortgage or charge created in favour of a credit agency shall lose its priority if it is not entered in the pattadar pass book.
(1) Every Owner, Pattadar, mortgagee, [ ] or tenant of any land shall apply for the issue of a [pass book and title deed] to the Mandal Revenue Officer on payment of such fee as may be prescribed. [The owner pattadar shall apply for the issue of a title deed in addition to a pass book.]
Provided that an occupant of an inam land is also eligible to apply for the issue of a pass book and title deed as an occupant.] Provided further that where no application is made under this sub section the Mandal Revenue Officer may suo motu issue a [pass book and title deed] after following the procedure prescribed under sub section (2) and collect the fee prescribed therefor.
(2) On making such application, the Mandal Revenue Officer shall cause an enquiry to be made in such manner as may be prescribed and shall issue a [pass book and title deed] in a
(1) Notwithstanding anything contained in the Registration Act, 1908, every pass book holder presenting a document of title deed before a registering officer appointed under the said Act, on or after coming into force of the Andhra Pradesh Record of Rights in Land and Pattadar Pass Books (Amendment) Ordinance, 1993 relating to a transaction in land, such as purchase or sale, mortgage, gift, lease or otherwise shall get the necessary entries in respect of such transaction recorded in the title deed and pass book by such registering officer.
(2) Every pass book holder acquiring a right by succession, survivorship, inheritance, partition, Government patta, court decree or otherwise shall get necessary entries in respect of such right recorded in the title deed and in the pass book by the Mandal Revenue Officer.
(1) Every loan granted by any credit agency [on the security of the land] or crop every encumbrance of land for the grant of a loan and every repayment of such loan shall be recorded in the pass book by the concerned officer or authority under attestation by a competent officer of the credit agency, and also made an entry of the discharge after the repayment of the loan:
Provided that after three months from the date of publication of the notification under sub section (2) of Section 3, in the Andhra Pradesh Gazette [or in the District Gazette], no loan shall be granted by any credit agency to a owner pattadar without the production of the title deed and pass book and to others without the production of their pass books.
(2) Any [title deed and pass book] holder approaching a credit agency for a loan without getting necessary entries re
It shall be obligatory on the part of any person having interest or right in land to produce the [title deed and pass book] before the registering authority appointed, under the Registration Act, 1908 along with the documents he proposes to get registered and it shall be obligatory on the part of such registering authority to make entry of every transaction of sale, gift, purchase, mortgage, lease or exchange in such [title deed and pass book] at the appropriate place or places under his signature and official seal.
(2) Notwithstanding anything contained in the Registration Act, 1908, the registering authority shall not register any document relating to a transaction of the nature referred to in sub section (1) without the production of the [title deed and pass book] by both the parties to the transaction:-
Provided that in the case of
Subject to such rules as may be made in this behalf, the record of rights shall be open to the inspection of the public at reasonable hours of any charge and certified copies thereof or certified extracts therefrom [shall be given to all persons including the credit agencies] applying for the same on payment of such fees as may be prescribed.
(1) No suit shall lie against the Government or any officer of Government in respect of a claim to have an entry made or in relation to an entry made in any record of rights or to have any such entry omitted or amended.
(2) If any person is aggrieved as to any rights of which he is in possession by an entry made in any record of rights he may institute a suit against any person denying or interested to deny his title to such right for declaration of his right under Chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963) and the entry in the record of rights shall be amended in accordance with any such declaration.
The Collector may either suo motu or on an application made to him, call for and examine the record of any Recording Authority, Mandal Revenue Officer or Revenue Divisional Officer under Sections 3, 5, 5-A or 5-B, in respect of any record of rights prepared or maintained to satisfy himself as to the regularity, correctness, legality or propriety of any decision taken, order passed or proceedings made in respect thereof and if it appears to the Collector that any such decision, order or proceedings should be modified, annulled or reversed or remitted for re consideration, he may pass orders accordingly:- Provided that no such order adversely affecting any person shall be passed under this section unless he had an opportunity of making a representation.
Legal Comments
"Suo Motu Prosecution Prohibition" - Initiation of suo motu proceedings under Section 9 is not permitted where the dispute is between private parties; such disputes must be pursued by the parties through legal remedies [Kalavakuri Mallikarjuna Rao VS Government of Andhra Pradesh Rep. by its Principal Secretary-Revenue, Secretariat].
"Jurisdictional Limitation on Title Disputes" - Revenue authorities (Joint Collector/Tahsildar) are not competent to decide complicated questions of title; title disputes must be adjudicated in civil courts or through proper statutory remedies [B. Karunakar, S/o. B. Mallanna VS State of Andhra Pradesh].
"Suo Moto Revision – Time and Scope" - The revisional power under Section 9 is subject to reasonable time limits and cannot be exercised to decide private title disputes after an inordinate delay; delays can render revisional actions invalid [Lambadi Pedda Bhadru VS Mohd. Ali Hussain], [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad], [K. Pratap Reddy VS Joint Collector, Lakdikapool, Hyderabad, Ranga Reddy District].
"Alternative Remedy Emphasized" - Existence of a statutory remedy under Section 9 (via Joint Collector) or a civil suit precludes exclusive reliance on Article 226 writs for title disputes; petitioners should approach the competent authority or civil court [Boya Nagamma vs State of Andhra Pradesh], [Healthy Agro Enterprises Pvt Ltd. VS State of Andhra Pradesh].
"Procedure and Notice Requirements" - Improper or absent notice before mutation or revision under Section 9 renders the order illegal; due process under Rule 9(1)(c)(ii) and related provisions requires notice and hearing [S. Rajasekhar Reddy VS State of Andhra Pradesh], [Jetti Jagannadha Rao, S/O Late Sri Surya Rao vs State Of Andhra Pradesh, Rep By Its Prl. Secretary, Revenue Department].
"Fraud and Misrepresentation" - If an order is vitiated by fraud or misrepresentation, the Joint Collector may set aside or remand; however, fraud alone does not validate an invalid order, and proper notice and procedures must be followed [Lambadi Pedda Bhadru VS Mohd. Ali Hussain], [00200060312 referencing related jurisprudence].
"Role of Joint Collector vs. Civil Court" - Where title questions are involved, Joint Collector cannot adjudicate title; parties should pursue civil court relief, with revenue authorities acting to correct entries where appropriate (mutations) but not to resolve title in the first instance [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad], [Kuruva Hanumanthamma VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, and five].
"Dispute Register vs. Contentious Title" - Placing land in the dispute register under Rule 9(1)(iv) or Rule 9(1)(c)(ii) requires proper notice and a clear basis; misapplication can render orders illegal or arbitrary [Muvva Atchutha Rao VS State Of Andhra Pradesh], [Jetti Jagannadha Rao, S/O Late Sri Surya Rao vs State Of Andhra Pradesh, Rep By Its Prl. Secretary, Revenue Department].
"Revisional Power and Finality" - Revisional orders cannot undermine final civil court decrees or finality of proceedings; where a final decree or civil court decision exists, revisional actions should be restrained or remanded, per established precedents [K. Pratap Reddy VS Joint Collector, Lakdikapool, Hyderabad, Ranga Reddy District], [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad].
"Judicial Caution on Title Disputes" - The courts repeatedly caution that writs under Article 226 are ill-suited for resolving complex questions of title; the proper forum is civil court or statutory revisional channels, with revenue authorities limited to correcting entries or updating Pattadar Pass Books (PPP) without determining title [Vallabhdas Pallod (died) VS Nagar Panchayat (Municipal Council), Zaheerabad], [P. Krishna Murthy (died), S/o. late Ayyanna VS Panuganti Laxmamma].
"Suo Motu Powers – Telangana vs Andhra Areas" - Courts have stressed that suo motu revision under Section 9 must be exercised in a timely manner; delays beyond a reasonable period taint the legality of the action, especially for long-past entries and settled rights [00200034655], [Jetti Jagannadha Rao, S/O Late Sri Surya Rao vs State Of Andhra Pradesh, Rep By Its Prl. Secretary, Revenue Department].
"Jurisdictional Boundaries – Section 5 vs Section 9" - Section 5(5) appeals relate to modifications/updates; Section 9 revises recording authority decisions; mixing or misapplying these channels can render orders without jurisdiction and liable to set aside [Joint Collector-cum-Settlement Officer VS S. Kamalamma], [Annapoorna Financiers VS State of Andhra Pradesh].
"Notice on Web Land Databases" - When entries are altered via web land databases or computerized records, due process (notice/hearing) remains essential; lack thereof can render such actions illegal and arbitrary and require remand or set-aside [Healthy Agro Enterprises Pvt Ltd. VS State of Andhra Pradesh], [Jetti Jagannadha Rao, S/O Late Sri Surya Rao vs State Of Andhra Pradesh, Rep By Its Prl. Secretary, Revenue Department].
"Pattadar Pass Books and Will/Judicial Declarations" - Will-based or probate-related challenges to Patta/PPP entries are to be resolved through civil courts; appellate/revisional authorities cannot effectively decide questions arising from a Will’s validity in a writ context [Healthy Agro Enterprises Pvt Ltd. VS State of Andhra Pradesh], [R. J. Paul VS Joint Collector].
"Remand to Appropriate Authority" - Courts often direct remand to Joint Collector or MRO for fresh enquiry with proper notice and admissible grounds, emphasizing adherence to the Act and Rules (ROR Act, Rules 9(1), Rule 26(6)) [Chavali Anilaja VS Collector, Ranga Reddy District], [Gundarapu Narasimhulu @ Narisimha Chowdary VS District Collector, Ananthapur].
"Protection of Possession vs. Title" - Where possession and title diverge, revenue authorities should protect possession while civil courts decide title matters; mutating records without proper authority harms the title once contested [P. Krishna Murthy (died), S/o. late Ayyanna VS Panuganti Laxmamma], [Marri Pedda Hanimi Reddy VS State of Andhra Pradesh].
"Rule 9(1)(iv) and Disputed Lands" - Entry of lands into a dispute register under Rule 9(1)(iv) must satisfy procedural safeguards; failing to do so renders the order illegal and liable for set-aside [Jetti Jagannadha Rao, S/O Late Sri Surya Rao vs State Of Andhra Pradesh, Rep By Its Prl. Secretary, Revenue Department], [Muvva Atchutha Rao VS State Of Andhra Pradesh].
"Resumption and Assigned Lands" - Resumption orders under Assigned Lands Prohibition of Transfers require due notice and lawful procedure; failure to follow the statute renders resumption illegal and arbitrary [Revenue Divisional Officer, Chevella Division, Ranga Reddy District VS Chavali Anilaja].
"Finality of Section 38-E Certificates" - For protected tenants with ownership certificates (Section 38-E), restoration of possession issues may be governed by different provisions; revenue authorities must respect statutory frameworks and not override civil court remedies [Lambadi Pedda Bhadru VS Mohd. Ali Hussain], [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad].
"Judicial Consensus on Section 9's Purpose" - The consensus is that Section 9 revisional power is a supervisory tool over recording authorities, not a substitute for civil title adjudication; complex or disputed title questions must go to civil courts [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad], [Yelagani Papaiah, R. R. District VS Joint Collector, Ranga Reddy District].
"Remedies Open to Petitioners" - Courts commonly permit petitions to continue, but warn that petitioners must pursue statutory avenues (Joint Collector, Civil Court) rather than broad writ relief for title disputes; failure to do so may lead to dismissal or remand [Boya Kadirappa VS State of Andhra Pradesh, Represented By Its Principal Secretary, Revenue Department], [Boya Nagamma vs State of Andhra Pradesh].
Note: The above points are drawn from the provided sources and are formatted as concise summaries with source cues in brackets. If a point cannot be supported by a specific source in the list, it has been omitted.
(1) A recording authority or an appellate authority or any other officer shall, for the purpose of holding any enquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit in respect of the following matters namely -
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents; and
(c) Any other matter which may be prescribed.
(2) The provisions of Section 5 and Sections 12 to 24 of the Limitation Act, 1963, shall apply for the purposes of extension and computation of the periods prescribed in Sections 3(3), 4(1), 5(5), 5 A and 5 B of this Act
After the final publication of records of rights in the manner prescribed the Mandal Revenue Officer shall take action to incorporate the said particulars in the Village Revenue Records, subject to such amendments as may be necessary on appeal or revision, as the case may be.
(1) The Government may by notification and after previous publications make rules for carrying out all or any of the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for:
(a) regulating the manner of preparation, compilation, maintenance and amendment of the record of rights and prescribing the forms in which they are to be compelled or maintained, the places at which and the officer by whom such record of rights have to be maintained and the officer by whom the said records are to be verified and amended.
(b) the maintenance of other records, registers, accounts, maps and plans to be maintained for the purpose of this Act and the manner and forms in which they shall be prepared and maintained;
Act not to apply to Government Lands:- Nothing in this Act shall apply to the lands belonging to the State Government or Central Government.
The Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 Fasli (Regulation No.LVIII of 1358F) and all standing orders and any other provisions of law relating to the record of rights of land as in force in the State are hereby repealed:-
Provided that the provisions of Section 8 of the Andhra Pradesh General Clauses Act, 1891, (Act 1 of 1891) shall be applicable in respect of the repeal of the said enactment, standing orders and other provisions of law, and Sections 8 and 18 of the said Act shall be applicable as if the said enactment, standing orders, provisions of law had been repealed and re enacted by an Andhra Pradesh Act.
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