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";
* [(a) "Commissioner" means the Commissioner, Survey Settlements and Land Records";
(aa) "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 of which is to lend money;"]
(3) "Government" means the State Government.
(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.
(2) When in respect of any village the preparation of the record of rights referred to in sub-s
(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, 1908, every Registering Officer appointed under the Act and registering a doc
(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 record of rights, the recording authority shall carry out the said ame
(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 Act, 1908 as fixed by the registering officer on a ref
(1) An Appeal shall lie against an order passed by the Tahsildar 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.
(2) The Revenue Divisional Officer may suo motu call for record of a case or proceedings from the Recording Authority and inspect it in order to satisfy himself that the order or decision passed or the proceedings taken is regular, legal and proper and make suitable order in that behalf:
Provided that no order or decision affecting the rights of the parties shall be made unless the concerned parties are given a notice and hearing and such order, shall, subject to revision under Section 9, be final.]
Recording of grant of loans and encumbrances etc. in the pass book and punishment or contravention thereof:- (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 und
(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 accordance with the Record of Rights wit
(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.]
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 a landless person including a tenant or a mortgagee who becomes ow
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.]
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.
* [Revision:- 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:-
Provide
Legal Comments
"Suo motu prohibition" - Section 9 cannot be invoked to initiate proceedings between private parties on its own; disputes between private individuals must be pursued through lawful remedies, not by sua motu revision - [Kalavakuri Mallikarjuna Rao VS Government of Andhra Pradesh Rep. by its Principal Secretary-Revenue, Secretariat]
"Joint Collector jurisdiction" - Revenue authorities are not competent to decide complicated questions of title; Section 9 revisional power is limited to evaluating correctness of entries, not adjudicating title disputes; fresh enquiry must follow proper statutory procedure - [B. Karunakar, S/o. B. Mallanna VS State of Andhra Pradesh]
"Finality and decree prerequisite" - On revisional petitions under Section 9, there must typically be a final decree or legally recognizable basis; mere mutations or entries cannot bypass final civil processes; writ petitions may be dismissed where final decree is lacking - [Trinity Infraventures Limited VS State of Telangana, represented by its Principal Secretary, Department of Revenue]
"Timeliness of revision" - Revisions under Section 9 do not have strict time limits, but courts emphasize timely exercise and fairness; long delays (e.g., decades) without adequate justification render revisional actions open to set aside as beyond proper jurisdiction - [Jetti Jagannadha Rao, S/O Late Sri Surya Rao vs State Of Andhra Pradesh, Rep By Its Prl. Secretary, Revenue Department]
"Limitations on mutation vs. title" - Revenue authorities should not treat mutation or PPP issuance as conclusive title; civil courts remain proper forum for deciding title disputes; mutations may be corrected but cannot finalise title absent civil adjudication - [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad], [Joint Collector-cum-Settlement Officer VS S. Kamalamma]
"Alternative remedy requirement" - When a remedy under Section 9 exists, courts may require petitioners to avail Joint Collector revision rather than resort to Article 226 petitions; insistence on statutory remedy prevents bypassing statutory channels - [Boya Nagamma vs State of Andhra Pradesh]
"Notice and audi alteram partem" - Violations of notice requirements in mutation/PPP corrections render orders vulnerable; due process is a recurring ground for setting aside orders under Rule 9(1)(c)(ii) and related provisions - [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]
"Role of Ratnamma line of authority" - Jurisdiction to entertain appeals under Section 9 is constrained; misapplication: appeals cannot be entertained against PPP/TD where jurisdiction is not conferred; revisional review must respect Ratnamma principles - [Kuruva Hanumanthamma VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, and five], [Indula Nookaraju VS State of Andhra Pradesh]
"Disputed lands in dispute registers" - Placement of land in a dispute register is a temporary administrative measure; removal requires civil court direction or disposal of pending statutory remedies; circulars encourage proper closure once civil processes resolve disputes - [C. Linga Reddy VS State of Andhra Pradesh], [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad]
"No jurisdiction to decide title in writs" - Courts repeatedly hold that revenue authorities under the RoR Act cannot decide intricate questions of title; civil courts are the proper forum for title disputes, while writs address procedural and statutory compliance concerns - [P. Krishna Murthy (died), S/o. late Ayyanna VS Panuganti Laxmamma], [K. Jaipal Reddy, S/o. Ramachandra Reddy VS Joint Collector, Ranga Reddy District Lakdikapool, Hyderabad]
"Suo motu revision sensibly bounded" - Supreme Court and High Courts caution against indefinite or unexplained suo motu revisions that overstep the boundaries of Section 9; delay with lack of justification undermines legitimacy - [Chavali Anilaja VS Collector, Ranga Reddy District], [Trinity Infraventures Limited VS State of Telangana, represented by its Principal Secretary, Department of Revenue]
"Role of Will and succession" - Will-based or testamentary claims require Civil Courts; revenue authorities lack jurisdiction to adjudicate Will-based title in many RoR Act contexts; civil adjudication is preferred for succession rights - [Healthy Agro Enterprises Pvt Ltd. VS State of Andhra Pradesh], [S. Madhusudhan VS Revenue Divisional Officer]
"Rule 9(1)(c)(ii) compliance" - The requirement to issue written notices to all interested persons before amending entries is central; failure renders orders illegal/arbitrary and voidable - [C. Linga Reddy VS State of Andhra Pradesh], [Healthy Agro Enterprises Pvt Ltd. VS State of Andhra Pradesh]
"Revision vs. appeal distinction" - Section 9 revisional power is distinct from Section 5(5) appeals; improper conversion of a Section 5(5) appeal into a Section 9 revision without jurisdiction has been struck down - [Indula Nookaraju VS State of Andhra Pradesh], [Indula Nookaraju VS State of Andhra Pradesh]
"Judicial approach to title disputes" - Consistent line from multiple judgments: revenue officers should refrain from deciding title; complex title questions must be resolved in Civil Court; RoR/PPP proceedings are not substitutes for civil litigation - [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]
"Mutations require corroboration of possession" - Records must reflect actual possession; petitions relying solely on documentary titles without possession evidence are vulnerable; courts stress actual possession corroboration in Section 6/5/5-A contexts - [Gundarapu Narasimhulu @ Narisimha Chowdary VS District Collector, Ananthapur], [Velupadas Veeraswamy VS State Of A. P. ]
"Scope of Section 9 vs. Section 5-A" - Section 5-A legitimizes certain transfers of land transferred otherwise than by registered deeds, but revisional power under Section 9 cannot authoritatively adjudicate title; it must assess procedural propriety and legality of entries - [Healthy Agro Enterprises Pvt Ltd. VS State of Andhra Pradesh], [Gundarapu Narasimhulu @ Narisimha Chowdary VS District Collector, Ananthapur]
"Civil Court primacy on title questions" - Repeated holdings: title-related disputes are ill-suited for writs; civil courts should resolve disputed titles, with RoR/PPP mechanisms providing ancillary corrections or clarifications - [Vallabhdas Pallod (died) VS Nagar Panchayat (Municipal Council), Zaheerabad], [P. Krishna Murthy (died), S/o. late Ayyanna VS Panuganti Laxmamma]
"Judicial caution on long-pending revisions" - Decisions in Long-pending RoR revisions must endure scrutiny; courts have deprecated revisional orders after extensive delays; fairness and stability arguments favor timely action - [K. Pratap Reddy VS Joint Collector, Lakdikapool, Hyderabad, Ranga Reddy District], [Yelagani Papaiah, R. R. District VS Joint Collector, Ranga Reddy District]
"Procedure for corrections under Rule 9/6-A/5/3" - A consistent thread is that corrections to records of rights, Pattadar Pass Books, and title deeds must follow due procedure, including proper notices, hearing opportunities, and alignment with Rule 9, Rule 21, and related provisions; deviations render orders vulnerable - [00200059461], [Thontla Masthan Reddy VS State of Andhra Pradesh]
Note: The above points synthesize core themes and outcomes across the provided sources regarding Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, focusing on limits of suo motu action, when revenue authorities may/should not adjudicate title, necessity of proper notices, respect for civil court jurisdiction on title, and appropriate remedies under the Act. References in square brackets indicate the cited source material from which each point derives.
[(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;
* [(bb) regulating the manner of preparation, issue, maintenance and renewal of * [title
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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