AI Overview...
- Power to Cancel Patta - Main points and insights:
- The authority to cancel a patta primarily lies with the Revenue Divisional Officer (RDO) as per the Tamil Nadu Patta Passbook Act, 1983, and related revenue rules K. Sankaranarayanan VS Tahsildar, Uthamapalayam - Madras.
- Collector has the power to cancel patta under certain circumstances, such as misrepresentation, suppression of facts, or contravention of rules, often based on specific orders like the Board Standing Orders or under Sections of relevant Acts G. Munilakshmamma VS District Collector, Chittoor District - Andhra Pradesh, G. Munilakshmamma VS District Collector, Chittoor - Andhra Pradesh, Jiban Chandra Deka : Death Dambarudhar Deka, His Legal Heirs Monoranjan Deka VS State of Assam - Gauhati.
- The Tahsildar generally does not have jurisdiction to cancel patta; the Collector or RDO holds the primary authority B. Jayaprada VS State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Dept. , Secretariat - Andhra Pradesh.
- The court has recognized the power of the Director or Collector to cancel patta suo moto, provided due process, including considering objections, is followed The Special Commissioner & Director of Survey and Settlement VS M. Arumugam - Madras.
- The Commissioner can cancel a periodic patta if issued in violation of rules, especially in cases of contravention or irregularities in settlement procedures Jiban Chandra Deka : Death Dambarudhar Deka, His Legal Heirs Monoranjan Deka VS State of Assam - Gauhati.
- Cancellation can be initiated on grounds such as misrepresentation, suppression of facts, or legal violations, with the process often involving notices and opportunity for explanation G. Munilakshmamma VS District Collector, Chittoor - Andhra Pradesh, C.Alagupandi vs The Revenue Divisional Officer, Usilampatti - Madras.
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The question of jurisdiction and timeliness of proceedings is crucial; courts have upheld that the Collector or RDO’s authority is well-established, and proceedings are subject to legal timelines R.Jayachandran vs State of Tamil Nadu, Rep. By its Secretary to Government, Revenue Department - Madras.
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Analysis and Conclusion:
- The overarching legal framework indicates that the power to cancel a patta predominantly resides with the Revenue Divisional Officer or Collector, depending on the specific circumstances and statutory provisions.
- Proper procedural safeguards, including notices and opportunity to be heard, are essential when exercising this power.
- While authorities like the Tahsildar generally lack jurisdiction, higher officials such as the Collector or Director have explicit powers to cancel patta, especially in cases of irregularities or legal violations.
- Courts have upheld these powers, emphasizing adherence to statutory procedures and the importance of justifiable grounds for cancellation.
References: - Tamil Nadu Patta Passbook Act, 1983 K. Sankaranarayanan VS Tahsildar, Uthamapalayam - Madras - Revenue Board Standing Orders and relevant provisions G. Munilakshmamma VS District Collector, Chittoor District - Andhra Pradesh, G. Munilakshmamma VS District Collector, Chittoor - Andhra Pradesh, Jiban Chandra Deka : Death Dambarudhar Deka, His Legal Heirs Monoranjan Deka VS State of Assam - Gauhati - Court judgments on jurisdiction and procedural requirements The Special Commissioner & Director of Survey and Settlement VS M. Arumugam - Madras, B. Jayaprada VS State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Dept. , Secretariat - Andhra Pradesh, R.Jayachandran vs State of Tamil Nadu, Rep. By its Secretary to Government, Revenue Department - Madras - Land Revenue Act provisions on suo moto cancellation B. Bhoomarajam VS Joint Collector - Andhra Pradesh - Legal considerations regarding settlement and reversion of land Satendra Mani Tiwari VS Commissioner, Gorakhpur Division, Gorakhpur - Allahabad
Search Results for "Power to Cancel Patta"
2014 0 Supreme(Mad) 3842 • India - Madras
M.VENUGOPAL
, as the power to cancel the patta lies with the Revenue Divisional Officer as per the Tamil Nadu Patta Passbook Act, 1983. ... Ratio Decidendi: The power to cancel the patta lies with the Revenue Divisional Officer as per the Tamil Nadu Patta Passbook ... Issues: Jurisdiction of the Tahsildar to cancel the patta a....
1991 0 Supreme(AP) 34 • India - Andhra Pradesh
S.S.M.QUADRI
AP Board Standing RDEROS, Order 15 [12][3] Note [iii] and [18] and condition No20 of D-Form Patta - Collector has power to cancel ... Order 15 - Mandal Revenue Officer has no power to cancel the Patta ... ... of facts On these ground, the Collector has the power to cancel the Patta under Paragraph 18 of the Board Standing Order ....
2008 0 Supreme(Mad) 1275 • India - Madras
D.MURUGESAN, P.R.SHIVAKUMAR
The appellant sought to cancel the patta using suo moto power under Section 5(2) of the Act. ... Ratio Decidendi: The court held that while the Director had the power to cancel patta suo moto, it was essential to consider ... cancel patta and the requirement to consider objections/explanations before passing adverse orders. ... under Section 5(2) of t....
1991 0 Supreme(AP) 33 • India - Andhra Pradesh
S.S.M.QUADRI
power to cancel D-Form Patta on the ground of misrepresentation or suppression of fact Only Collector has power to cancel the same ... to cancel the Patta under- Paragraph-18 of the Board Standing Order 15 The Mandal Revenue Officer has no power to do so It is true ... cancelled on the ground of suppression of material facts and misrepresentation of fa....
1993 0 Supreme(Gau) 236 • India - Gauhati
U.L.BHAT, R.K.MANISANA SINGH, D.N.BARUAH
Whether the Commissioner has the power to cancel a periodic patta once issued in pursuance of an order of settlement? 2. ... Therefore, the Commissioner has the power to cancel a periodic patta if it was made or issued in contravention of the Rules. 2. ... Finding of the Court: The Court held that the Commissioner has power to confirm all settlements and also to #HL_S....
2016 0 Supreme(AP) 134 • India - Andhra Pradesh
C.PRAVEEN KUMAR
the patta and resume land - Therefore argument of counsel for petitioners that Tahsildar has no jurisdiction to cancel the patta ... to cancel patta - Claims to be in peaceful possession - Petitioners and Government Pleader for Revenue - Questioning jurisdiction ... also to original assignees but petitioners failed to attend enquiry - Held, It is clear that Collector will get jurisdiction to can....
2025 Supreme(Online)(Mad) 70437 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh
... ... Issues: Whether the 2nd respondent had the power to cancel the patta and if the proceedings were time-barred. ... Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 - Section 6(c) - Writ petition challenging the cancellation of patta ... (Para 19) ... ... Facts of the case: ... The petitioners challenged the cancellation of patta issued to their father ... to cancel#....
2005 0 Supreme(AP) 305 • India - Andhra Pradesh
C.Y.SOMAYAJULU
Land Revenue Act 1317 Fasli - Section 166-B – Acquisition of land - suo motu power to cancel the patta granted ... that they would look into that offer cannot be taking shelter on offer allegedly made by petitioner say that they have a right to cancel ... to him should not be cancelled for which petitioner sent a reply - BY his proceedings the District Revenue Officer cancelled the patta ... Suresh Reddy ....
2025 Supreme(Online)(Mad) 48647 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
judgment examines the validity of an enquiry notice issued by the Revenue Divisional Officer regarding the cancellation of assignment patta ... to cancel patta on the specified grounds. ... The first respondent has power to cancel the assignment patta and also the manaivari thoraya patta issued in favour of the petitioner ... Pendency of the civil suit filed by the peti....
2004 0 Supreme(All) 735 • India - Allahabad
ARUN TANDON
Imposition of Ceiling on Land Holdings Act and the legal provisions related to cancellation of patta and reversion of land to the ... The petitioner filed an application under Section 27(4) for cancellation of the patta of the surplus land allotted to others. ... The court interprets the definition of an aggrieved person under Section 27(4) and clarifies the procedure for cancellation of patta ... It may be noted that under the Ceiling Act ....
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