TaxTMI 
TaxTMI 
2014 (4) TMI 1263
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....ject, it is appropriate to briefly refer to the facts of each case hereunder: Brief facts: W.P. Nos. 23595, 23599 & 23615 of 2013: 2. The petitioners in these Writ Petitions who claimed ownership under registered sale deeds were denied pattadar passbooks and title deeds by the Tahsildar, Bandaganipalli village, Udaigiri Mandal, Nellore District on the ground that as per the Adangals, the lands are shown as Government lands. The petitioners claimed that the RSR shows these lands as private persons. They have also relied upon separate but identical certificates issued by the Tahsildar concerned. 3. The respondents have not filed counter-affidavit in any of these cases. W.P. Nos. 25333 and 25356 of 2013: 4. The facts in both these cases are identical. The petitioners have claimed right under registered sale deeds. They were granted pattadar passbooks and title deeds for Ac. 39-33 cents each in Sy. Nos. 436, 438, 439 to 442 of Boodili village, Gorantla Mandal, Anantapur District. The petitioners' vendor was declared as a surplus land holder to the extent of Ac. 5-59 cents under the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short "th....
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....poramboke' in the Town Survey records; that Machavaram village, in which the lands are situated, was an estate village under the possession and enjoyment of Jagirdars; that initially survey of the village was conducted in the year 1923 and since then the Jagirdars are in possession and enjoyment of Ac. 2-73 cents and that sale transactions have taken place between the Jagirdars and individuals from the year 1901 onwards in respect of Ac. 155-00 cents of land. The petitioners further pleaded that the lands have changed many hands during the last 110 years and that the burial ground is situated over an extent of 9111.36 sq. yards and the same is surrounded by a compound wall on all the sides and the said extent of Ac. 2-73 is outside the compound wall; that as the land was classified as 'Burial ground poramboke' in the Town Survey records, the petitioners are not able to obtain permission from respondent No. 6-Corporation for construction of houses. The petitioners have approached the respondents for change of classification of the land from 'Burial ground poramboke' to Assessed Waste Dry (AWD). The Revenue Divisional officer, Vijayawada submitted his report to th....
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....r 1964. On the report of the Tahsildar, Vijayawada, Urban, I have inspected the land in question along with Tahsildar, Vijayawada Urban, Mandal Surveyor, Vijayawada Urban on 2.4.2010 and I agree with the report of the Tahsildar, Vijayawada Urban. 8. The District Collector, in his report dated 21-2-2011 sent to the Chief Commissioner of Land Administration (CCLA) requested for permission to change the classification of the land admeasuring 4000 sq. yards in N.T.S. No. 45, Block 21, Revenue Ward No. 16 of Machavaram village from 'Burial ground' to 'AWD'. The CCLA appeared to have addressed the Collector, Krishna District to re-verify the facts and submit a fresh report. The Collector, in his fresh report dated 3-9-2011 opined that no records are available to indicate that the land is a private land and the same was wrongly classified as 'Burial ground'. The CCLA in turn has submitted his report in CCLA's Lr. No. B2/375/2011, dated 18-10-2011 wherein he has referred to the entry in the Fair Adangal prepared in the year 1968 describing the land as 'Smasanam'. He has further stated that the Assistant Director, Survey and Land Records reported that ....
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....013 and 30-8-2013, notices under Section 7 of the A.P. Land Encroachment Act, 1905 (for short "the 1905 Act") were issued alleging that the land in T.S. No. 89, Block-M, Ward No. 212 is recorded as 'G-Abadi' in the Town Survey record and that therefore the petitioners are encroachers over an extent of 450 and 130 sq. mts. respectively. The petitioners submitted their explanations stating that the entries in the TSLR are not conclusive proof of title. Rejecting the said explanations, eviction orders under Section 6 of the 1905 Act has been passed by the Tahsildar on 30-8-2013. Assailing the said orders, the petitioners filed these Writ Petitions. 12. In the counter affidavit filed by the respondent-Tahsildar, Bahadurpura Mandal, Hyderabad District, it is inter alia stated that the land admeasuring 6630 sq. mts. in T.S. No. 89/M, Ward No. 212 is recorded as 'G-Abadi' (Government land); that once the Town Survey was conducted, the same becomes final and that a Gazette notification as required under Section 13 of the A.P. Survey and Boundaries Act, 1923 (for short "the 1923 Act") was published vide notification No. 36, dated 12-7-1977; that as the petitioners failed to....
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....Writ Petition. 15. The petitioners have pleaded that no notice was issued to them under Sections 5 and 6 of the 1923 Act. They have also relied upon the Judgment of this Court in Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District and another 2001(3) ALT 200 : 2001 ALT (Rev.) 235 : 2001(3) ALD 600 in support of their plea that the entries in the TSLR do not have any presumptive value to hold that the subject land belongs to the Government. 16. Respondent No. 1 filed a counter affidavit wherein it was inter alia averred that during 1964-70, Town Survey was conducted in the twin cities of Hyderabad and Secunderabad duly following the procedure laid down under the 1923 Act; that general notifications under Sections 5 and 6 thereof were published in the Gazette informing the public that the Town Survey operations have commenced in the twin cities; that as required under Section 9(2), individual notices were given to the registered holders of the properties for raising objections, if any, with regard to fixation of boundaries; that a final notification under Section 13 was published in the Hyderabad Gazette; that in respect of the subject land, notification was published in....
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....nder three registered sale deeds dated 5-6-1985, 14-6-1985 and 15-11-1985. Proceedings under the 1976 Act were initiated in respect of the said property. The Primary Authority, by its order dated 30-8-1995 in C.C. No. 7576/1975 declared 270 sq. mts. as surplus land. However, the Appellate Authority, by order No. H1/7576/76, dated 20-6-1996, declared the petitioner as a non-surplus holder. The petitioner sold 1124 sq. yards out of the subject property to a third party under a registered sale deed. When the petitioner was intending to sell the remaining 1176.46 sq. yards, he was informed by the Sub-Registrar, Chikkadpally that the District Collector, Hyderabad vide his letter No. C3/5042/2007, dated 4-7-2011, instructed the registering authorities not to register any document on the ground that the subject property is included in the prohibitory list prepared under Section 22-A of the Registration Act, 1908 (for short "the 1908 Act"). The petitioner averred that even before he has purchased the said property in the year 1985, he was in possession of the land as a tenant and running a plastic industry in the name and style of M/s. Himayala Plastic Industry by obtaining licence. The pe....
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....rporation of Hyderabad was rejected by the Joint Collector, Hyderabad, vide proceedings dated 31-8-2005 on the ground that the land was shown as 'GVM Drain' in the TSLR. After the death of her mother, the petitioner made an application to the District Collector on 15-10-2012 seeking conversion of the land from 'GVM Drain' to 'patta'. The District Collector, Hyderabad, vide his endorsement No. E2/2539/2013, dated 24-6-2013, rejected the said request by stating that the petitioner has purchased the subject property after preparation and implementation of the TSLR. The petitioner pleaded that her title to the subject property cannot be determined merely on the basis of the entry in the TSLR. 21. In the counter affidavit, the respondents asserted that the land is shown as 'GVM Drain' in the TSLR. It is further averred that the subject land was under the management of the Municipality and it was being utilised for drainage and as such the classification of the land was mentioned as 'GVM' in the TSLR. In short, the plea of the respondents is that similar to that in W.P. No. 27589/2013 and W.P. No. 15438/2012. W.P. No. 25387/2013: 22. The petitio....
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.... passbooks and title deeds, respondent No. 3 remarked that they might have been issued under a mistaken impression that the lands are private patta lands and that the petitioner would not get any right over the Government lands. As regards the land admeasuring Ac. 1-23 cents in Sy. No. 932, respondent No. 3 stated that the RSR contains 'dots' and that as the petitioner or his predecessors have not obtained any settlement patta, the said land is deemed to be Government land. Questioning these proceedings, the petitioners filed this Writ Petition. 24. The counter affidavit filed by the respondent is also in the same vein. Therefore, no specific reference to its contents need by made. W.P. No. 25993/2013: 25. The dispute in this Writ Petition pertains to Ac. 0-50 cents in Sy. No. 1008/1/A2 and Ac. 2-50 cents in Sy. No. 1008/1/A3 (patta No. 219) of Jagadevipeta village, Indukurpet Mandal, Nellore District. The petitioners' application for conversion of the lands from agricultural to non-agricultural was kept pending on the ground that instructions from the Government are awaited. The petitioners pleaded that the subject lands are private lands. It has traced the transact....
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....hip over lands. The competing claims by these adversary parties are based on the entries in the various records which are mostly Survey and Settlement records and revenue records. No statutory enactment has, with precision, indicated as to what constitutes 'title' with reference to the land records. Unless a proper insight into the history and evolution of the land systems is acquired, resolution of title disputes continues to pose difficulties for the Courts. It is in this context that this Court feels the necessity of tracing the history of land tenures. Evolution of ryotwari system in British India: 30. Two seminal works, one by B.H. Baden Powell, a member of Bengal Civil Service and one of the former Judges of the Chief Court of Punjab and another by S. Sundara Raja Iyengar, extensively dealt with the land systems prevailed prior to the advent of the East India Company and the introduction of ryotwari system by the British. These two books "Land Systems of British India" by B.H. Baden Powell and "Land Tenures in Madras Presidency" by S. Sundara Raja Iyengar, along with another fabulous piece of work titled "Land Law in Madras Presidency" by B.R. Chakravarthi, publishe....
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....These Districts were however ceded by the Nizam to the British in 1800 A.D. 33. 'Baden Powell made a graphic description of the condition of the North-Eastern and ceded Districts regarding revenue administration when the British has taken over.2 British administration of Northern Circars: 34. When the British took over, the Northern Circars were managed by the existing zamindars wielding importance and influence and others of the ordinary type of revenue agent. The Haveli lands which belonged as private estates to the Mughal Crown or to the members of the Royal family, were given to lessees (renters). The Haveli lands were made into parcels or mutthas and sold to the highest bidders. The mutthadars became the proprietors and permanent settlement holders. 35. Provincial Councils were formed in 1769 on the model of Bengal. These Councils were unsuccessful in managing and supervising the Revenue Arrangements. In the ceded Districts, lands were in the hands of local chieftains, called Poligars, who were used by the rulers as semi-independent Revenue Collectors and also as Police in aid of Revenue Collector. 36. Mr. B.R. Chakravarthi wrote 3 that when the British took over the ....
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....ment an opportunity to review the assessment once in 30 years or in shorter intervals if need be, but with a view to give the ryots all the advantages of permanency in settlement without any of the disadvantages inevitable in the zamindari system are envisaged. 39. Due to the stalling of the further growth of permanent settlement, only 1/3rd of the Madras Presidency was permanently settled in favour of zamindars and other landholders. Period of transition: 40. Consequent on stoppage of permanent settlement, the question arose as to what was the system of settlement to be adopted with advantage as regards the lands which had not been permanently settled. Several alternative systems were tried. Prominent among them were individual settlement whereunder each individual mirasidar or ryot separately without there being any community either of interest or of responsibility between the several mirasidars or ryots of a village, was made. There were again sub-categories of this system-Amani system, Appanam system, Pathukattu system, Tarambarthi system and the Dittam system. 41. Under Mozawar or village settlement system, the assessment is fixed on the body of cultivators as a whole in t....
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....m ('Karanam' as in later years came to be popularly known as). This office of Kernam was created for the purpose of preservation of the rights and the property of the people, to facilitate the decision of suits in the courts of judicature, prevent diminution of the fixed revenue of the Government and securing individual persons from injustice by enabling the public officers of government and the courts of judicature to procure authentic information and accounts. 46. Regulation 30 of 1802, otherwise known as Patta Regulation, provided for grant of patta by zamindar or landholder and execution of counter-part by the ryot called 'muchilika'. The patta should contain the description of the property, the terms of the holding such as the rent payable by the ryot and the time or duration of the tenure. Pattas and muchilikas must be registered in the office of the Kernam. Even the landholder could not make any demand except as provided for in the deed and for any illegal exaction, he would be liable in damages to the extent of three times of the amount so exacted. If the ryot demanded patta and there was refusal or delay, he could sue the landholder for damages. Incongrui....
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....ined 'estate' as under: Estate means: (a) any permanently settled estate or temporarily settled Zamindari; (b) any portion of such permanently settled estate or temporarily settled Zamindari which is separately registered in the office of the collector; (c) any unsettled Palaiyam or Jagir; (d) any village of which the land revenue alone has been granted in inam to a person not owning the Kudivaram thereof, provided that the grant has been made, confirmed or recognised by the British Government, or any separated part of such village; (e) any portion consisting of one or more villages of any of the estates, specified above in clauses (a), (b) and (c) which is held on a permanent under tenure. The term 'Land holder' is defined as: Land holder means a person owning an estate or part thereof and includes every person entitled to collect the rents of the whole or any portion of the estate by virtue of any transfer from the owner or his predecessor in title or any order of a competent court or of any provision of law. The Act divided the lands in an estate as 'ryoti lands' and 'private lands'. Ryoti lands were further divided as 'ryoti l....
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....gate constitutes his rent (revenue) for the year. As per Munro, the term 'settlement' was used not for the money rate, but for the extent of land4. 55. In his report sent to the British Government in 1807, Munro stated that the ryotwari system is better adopted to preserve simplicity of manners and good order, because every ryot will, on his own estate, be a proprietor, farmer and labourer; because a great body of small proprietors instead of a few zamindars or mutthadars will be interested in supporting the Government. 56. As a result of the Read and Monro reforms accepted by the British Government, the annual settlement hitherto followed by the settlement system of leases for fixed tenures has given way to a somewhat permanent settlement (30 years duration) in favour of ryots, subject to availability of option to them to give up the land in their holding and opt for another land, subject to its availability. Identification of land in Ryotwari settlement: 57. Baden Powell described ryotwari settlement as survey-assessment. He quoted Dr. Macleane saying, it (revenue settlement) as "the division of all arable land whether cultivated or not, into fields, and the assessmen....
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....ery separate holding, whether large or small. The area is given in acres and cents and the assessment thereon stands in parallel columns. If a single field on the survey map is divided among ryots, a special letter is allotted to each ryot with a separate line giving full particulars of his holding. (ii) Ledger/Chitta: From the Settlement Register is prepared a ledger known as Chitta giving each ryot personal account with the Government. Every field or a fraction of a field held by the same ryot is picked out from the Settlement Register and entered in this ledger under his name with particulars of area, assessment and other details. The total of the area shows the extent of his different holdings in the village and the total of the assessment is the amount due thereon by him to the Government. A copy of this is given to each ryot with a note as to the date on which each installment falls due and the same is known as 'patta'. (iii) Memoir and village maps: This memoir is prepared in English giving full description and details touching each village and its settlement and an account of all lands held revenue rent free or on favourable tenure is also printed. A sketch map ....
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....he ceded Districts, in Kistna, Nellore, North Arcot and Salem; to Brahmins and other religious persons for their maintenance; maintenance grants for the families of poligars ancient land officers in the ceded Districts, Changalput etc. Permanent accounts at Taluq/Mandal Level: 61. These accounts consisted of five Registers representing the state of the land and its assessment as fixed at settlement. They are adaptations of the Registers made at survey-settlement. (i) Register-A: It shows every field (survey field and sub-division) in the village, whether 'Government' or 'inam', wet, dry, cultivated or poramboke, the source of irrigation; whether one crop or two, what group it is in, what is its soil class, the 'taram' or revenue rate applied, the extent in area and the total assessment, the name of the occupant and remarks. (ii) Register-B: It is a register of any inam fields in the village, giving particulars of the field, its taram, its quit-rent, the part of this payable to Imperial Revenue and the part to the village service fund. (iii) Register-C: It shows the sources of irrigation and the fields included in the area of or ayacut supplied by eac....
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....nt Register maintained at the village level under Board Standing Order 31. It is apt to extract sub-para-1 thereof, which is as under: The register of holdings kept in every village should, as far as possible, show the names of persons who are the real owners or who, in virtue of their title, whatever its nature, are in the enjoyment of the lands and it is of great importance that the register should be maintained accurately and upto-date, as it is to the registered-holder that the Collector must look for the revenue from the land. The following instructions are therefore laid down for regulating the procedure to be adopted in effecting changes of registry in the revenue accounts when transfers of landed property take place. (Emphasis added) The agrarian reforms: A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948: 64. This was the first legislation made after the Independence governing the agrarian reforms. As could be seen from its Statement of Objects and Reasons, the main purpose of the Enactment was to abolish the Zamindari system in the Madras province. The Act is intended to confer rights in lands on cultivators/pattadars by introducing ryotw....
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.... or lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of the Act and all lanka lands in his occupation immediately before the notified date, such lands having been in his occupation or in that of his predecessors-in-title continuously from 1st day of July 1939. Under Section 12, in case of zamindari estate, the land holder shall with effect on and from the notified date be entitled to ryotwari patta in respect of all the lands mentioned in clauses (a) and (b) thereof. Section 13 enumerated the lands situated in an 'inam estate' in which the land holder is entitled to a ryotwari patta. Under Section 14, the land holder is entitled to ryotwari patta in respect of the lands in an under-tenure estate. The Act also made provision for survey and settlement of the estates, the manner of effecting ryotwari settlement of estates, determination of land revenue before the ryotwari settlement is brought into force, payment of compensation to land holders etc. A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act. 1956: 65. This Act was made for the abolition of minor imams, including charitable and re....
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....f the grain sown in a field or on its produce on which a certain share was taken by the State as revenue. 68. Though the assessment was based on the ryotwari system, in reality it was Villagewar or Mozawar. Each village was separately assessed as a whole. Any deficiency in the revenue which might arise owing to relinquishment of certain fields by the cultivators or desertion by the ryots from the village was made good by taxing other cultivators proportionately in excess of the proper amount so as to cover the loss sustained. Thus the responsibility of the people of the village was sought to be enforced, the main object being that the revenue from the village did not fall short of the previous revenue. Revenue payments were either in cash or in grain. Standing crops were not permitted to be removed until the Government demand has been first satisfied. Reforms introduced by Sir Salar Jung: 69. As in Andhra area, there were two kinds of land tenures under the Nizam rule. They were (i) Khalsa and (ii) Non-Khalsa. Khalsa areas were equivalent to Ryotwari lands in Andhra area, directly under the control and administration of the Government. 70. Sir Salar Jung became the Prime Minist....
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....applied even to the areas that were hitherto non-Khalsa areas. Hyderabad Land Revenue Act, 1317 Fasli and the Hyderabad Record of Rights in Land Regulation. 1358 Fasli: 76. In Telangana Area, the two most important among the statutory enactments are the Hyderabad Land Revenue Act, 1317 Fasli (for short "the 1317 Fasli Act") and the Hyderabad Record of Rights in Land Regulation, 1358 Fasli (for short "the 1358 Fasli Regulation"). The 1317 Fasli Act is a comprehensive enactment intended to govern the entire revenue administration in the erstwhile Hyderabad State. It provided for appointment of Revenue officers and defined their powers. Section 24 thereof declared that all public roads, lanes, paths, bridges, ditches, dikes, rivers, streams, tanks, ponds etc., except those belonging to persons or class legally capable of holding property and those in respect of which any other order under any law may have been given, are the property of the Government. Chapter V of the Act (Sections 54 to 76) specifically dealt with Khalsa lands. It provided for granting of pattas/assignments of khalsa lands. It also provided for succession in case of death of pattadars. It has further provided for ....
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.... unsettled, for all purposes be deemed to be pattadars of the land held by them notwithstanding any oral or written agreement between the Jagirdar and such persons or any entry in the concerned village records to the contrary, and their rights and liabilities shall be the same as those of the Pattadars of Khalsa lands. A reading of the above provision would indicate that after coming into effect of the aforementioned rules, persons holding Jagir land and hitherto paying revenue to the Jagirdars, would become the pattadars of the said lands and would have the legal status of pattadars holding Khalsa lands (Khalsa villages were directly controlled by the Government). The Hyderabad Abolition of Jagirs Regulation 1358 Fasli (1948 A.P.): 80. This statute, which came into force on 20-9-1948 marked a watershed in the history of land tenures in the Telangana Area. The statement of objects and reasons thereof, reads as under.: Whereas it is expedient to abolish jagirs and to provide, pending determination of terms of commutation for payment to jagirdars and hissedars of certain interim allowances... Under the said statute, the jagirs were abolished and were transferred and included in....
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....oses. This statute introduced drastic reforms in land tenure and provided for conferring absolute ownership of lands held by protected tenants under Section 38E thereof, thereby transferring such ownership in their favour w.e.f. the notified date i.e., 1-11-1973. Several sets of statutory Rules were framed under the said enactment dealing with various contingencies. The Telangana Area Land Census Rules, 1954: 83. These rules were made under Section 97 of the Tenancy Act. Under these Rules, land census, as defined by Rule 2(f) of the Rules, was taken up by the Government. The important record i.e., Khasra Pahani is a document prepared under these Rules. Rules 8 to 13 speak of provisional Khasra Pahani and Rule 14 speaks of fair copy of Khasra Pahani. The said record is an important record and entry as pattadar in the same would confer absolute title over the land occupied. Laoni Rules issued vide Gashthi No. 19 of 1347 Fasli (1937 A.D.): 84. These rules were framed under Section 172 of the Land Revenue Act, 1317 Fasli and dealt with grant of 'Laoni' (assignment). There was no non-alienation clause in those grants made under the said provision. Laoni Rules 1950: 85. Th....
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....r short 1358 Fasli Regulation) governed the preparation and maintenance of record of rights in land in Hyderabad State. Section 3(c) defined 'land records' to mean the records under the provisions of or for the purposes of that Regulation and the Hyderabad Land Revenue Act 1317 Fasli. Section 4 mandates preparation and maintenance of records in all lands and the record of rights shall include the names of all persons who are holders, occupants, owners and mortgagees of land or assignees of the rent or revenue thereof, the nature and its extent and the respective interests of such persons and the conditions or liabilities (if any) payable by or to any of such persons and such other particulars as may be prescribed. Such record is to be prepared after due enquiry. Section 6 deals with mutation and enquiries thereof and publication of records. Under Section 13, any entry in the record of rights and a certified entry in the register of mutations shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor. The note on Rule 3 of Hyderabad Record of Rights Rules, 1956 made under the Hyderabad Land Revenue Act, 1317 Fasli reads "The pah....
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....e prepared by him in connection with day to day Land Revenue Administration. This corresponds to No. 2 Account i.e., Adangal maintained by the village Karnams in Andhra region. One copy of the village map, and Pahani are supplied to the Patwari. In order to collect land Revenue, Patwari will have to prepare 'Chowfasla' register Khatawise yearly along with Pahani. One copy of the Sethwar is sent to Central Survey Office. 94. One copy of the village map, Sethwar, Wasulbaqi Register and Pahani are kept in the Taluk office. All the remaining Survey and Settlement Records are transferred to the District Land Record Office which is part of the Collector's office11. 95. Following were the important Registers among 40 Registers to be maintained by the Patwaris: Village Accounts after Independence: 96. Prior to Independence, land revenue was the main source of income to the Government in both Andhra and Telangana regions. The main function of the Revenue administration was fixation of revenue demand and collection of land revenue. There were 38 village accounts in Andhra Area and 40 village accounts in Telangana Area. The purpose of maintenance of these village accou....
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....nd obligations under a patta. Paras 27 and 28 of the BSO included in Part III "Title to Land" read: 27. Issue of pattas-(1) Form of patta-The Form of patta is given in the Manual of Village Accounts. (2) Renewal of patta-As a rule, fresh pattas need only be issued when desired by the ryots concerned. When the holding of a ryot has undergone no change, it is obviously unnecessary to issue fresh patta. Each ryot should have one original patta containing a detailed list of the fields comprising his holding as it stood when the patta was drawn up. The pattas of future years should show only the changes which have taken place in his holding or in the revenue payable by him. In the event, however, of numerous changes taking place in the original patta, it may be convenient to issue a fresh one. (3) (Omitted as not relevant) (4) Entry of names in joint-patta-The entries of names in a joint-patta will be made without reference to the extent of land enjoyed by each pattadar. 28. (1) Effect of registry as pattadar: The registered pattadar of a ryotwari holding is, as regards Government, the responsible proprietor of the ryotwari lands registered in his name in the Land Register of ....
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.... will be in the same form as the receipt, but will not mention the extent of the land on account of which payment is made. 8. Tree-patta: For the rights and restrictions implied in a tree-patta-vide Standing Order No. 18, paragraph 2, clause b(ii). It is thus deducible from the above that the British treated patta as a document whereunder possessory right with absolute rights to alienate, sub-let, mortgage, sell, bequeath or otherwise dispose of in any manner he likes were conferred on the pattadar. 98. It is not out of place to note here that two enactments gave statutory recognition to pattas. They are (1) the 1317 Fasli Act covering the Telangana area and the A.P. Rights in Lands and Pattadar Passbooks Act, 1971 (for short "the 1971 Act") which covered the entire State of Andhra Pradesh from the time of its coming into force. 99. Section 2(11) of the 1317 Fasli Act defined 'pattadar' as the person who is directly responsible to the Government for payment of land revenue and whose name has not been entered as such in the Government records whether he be in personal possession of the holding or through his shikmidar. Section 2(12) defined 'shikmidar' as the pe....
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....deed to every owner, pattadar, mortgagee or tenant of any land. Sub-section (5) of Section 6-A declared that the title deed so issued shall be the title deed in respect of owner-pattadar and it shall have the same evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of the Transfer of Property Act, 1882 as a document registered in accordance with the provisions of the 1908 Act. Section 9 empowers the Collector to revise the orders of the lower authorities passed under Sections 3, 5, 5-A or 5-B in respect of any ROR prepared and maintained or to satisfy himself as to the regularity, correctness, legality or propriety of any order passed by the recording authority i.e., the Mandal Revenue Officer of Revenue Divisional Officer. 101. The A.P. Rights in Land and Pattadar Passbooks Rules, 1989 were made under the rule making power of the State Government under Section 11 of the 1971 Act. Rule 3 ordains that an ROR shall be prepared and maintained in Form-I for every separate revenue village. Under the Note to the said Rule, it is mentioned that pahani/adangal does not constitute the ROR for the village and that it reflects the....
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....nd 23 Vict. Ch. 41. Ss. 1 and 2; 32 and 33 Vict. Ch. 29, S. 1; 33 and 34 Vict. Ch. 59, Ss. 1 and 2; India Act XV of 1895 (Crown grants). Ss. 39 and 40 of 21 and 22 Vict. Ch. 106 vested all lands and hereditaments and other real and personal estate of the East India Company, including such as may thereafter be acquired, in the Crown, to be applied and disposed of for the purposes of the Government of India and empowered the Secretary of State in Council to sell and dispose of the same, as he may think fit, the necessary conveyance and assurances being required to be made by the authority of the Secretary of State in Council under the hands and seats of three members of the Council.... The Bench further held: .... The Crown Grants (India) Act VII of 1895 exempts Crown grants from the operation of the Transfer of Property Act (1882) and S. 17(j) and 90(d) of the Indian Registration Act (1877) exempt from registration, "grants of immoveable property by Government" and "all documents purporting to be or to evidence grants or assignments by Government of land or of any interest in land.... The Court also held that under "Statute 22 Vict. Ch. 106", all waste lands whether assessed or ....
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.... subject of a Native State, except by the Collector or the Board and with the previous permission of Government. Every assignment or sale made under this Standing Order shall be subject to the condition that, if the land is alienated without the sanction of Government in favour of any person other than a British subject or a subject of a Native State, the grant shall thereupon become null and void. This condition permits the sale of land (without government's permission) in favour of two categories of persons: Firstly, British subjects i.e., Indians belonging to British ruled States (such as Madras, Bombay, Bengal, United Provinces, Central Provinces, etc). Secondly, subjects of native states i.e., Indians belonging to Princely States (such as Hyderabad, Mysore, Travancore, Gwalior, Patiala etc). It is only in respect of lands assigned to depressed classes (Harijans) under the special conditions of grant in "Special Form-D", that the non-alienation clause would operate and not to assignments made under general conditions of grant in "Form-D", irrespective of whether such assignment was made to members of the depressed class/tribes or persons belonging to other communities....
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....selves in cultivation by giving preference to Harijans, Girijans, Harijan Christians. In case of granting patta for the persons who are desirous to occupy unoccupied land made a claim for such grant of patta under Laoni Rules or under Circular 14, the same shall be transferred by way of sale as per the rules referred to above. In case of occupation of land, old occupants are entitled to grant of patta under Circular No. 14, the same shall be granted either by collecting upset price equal to 16 times the land revenue to the extent of one family holding which is an out right sale. The family holding has not been defined under Telangana Area Land Revenue Act but the same has been defined under A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950. We are of the view that provisions of Act No. 9 of 1977 will not be applicable to the cases where assignments were made on collection of market value or under Circular 14 except it were granted to the landless poor persons free of market value. Point No. 2 is answered accordingly. At para-54, The Division Bench gave the following directions: Whenever any proceedings are to be initiated by the revenue authorities for resumption ....
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....ability, such land cannot be treated as assigned land within the provisions of the Act.... In several Judgments, various learned Judges of this Court have taken similar views (See: K.M. Kamallula Basha and others v. District Collector, Chittoor District, Chittoor and others (2009(3) ALD 385), The A.P. State Electricity Board Employees Union, Madanapalli Division, Madanapalli v. The Joint Collector, Chittoor (W.P. Nos. 19258/1998, dt. 14-9-2007) and D. Parthasaradhi Sarma v. Government of A.P. Revenue (Assn. II) Dept, W.P. No. 27217/2013, dt. 15-4-2008). The above noted judgments are only illustrative of a slew of Judgments in which the above mentioned consistent view is taken by this Court. Most unfortunately, the precedential value of these Judgments is persistently being ignored by the Revenue officials as well as the Registering authorities. While on one hand the Revenue authorities such as Tahsildars, Revenue Divisional Officers, and in some cases even District Collectors, have been sending the lists styling them as "prohibitory lists" by including the lands which are not notified under Section 22A(2) of the Act without verifying whether the assignment was made prior to issua....
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....uch district, by whatsoever name his office is designated, shall, if the claim or objection be preferred within the period mentioned in the advertisement to be issued for the sale or other disposition of such land which period shall not be less than three months, proceed to make an enquiry into the claim or objection. 115. Act XXVI of 1871 defined 'land' to mean 'land used for agricultural purposes, or waste land which is cultivable'. 116. Under BSO-15, both assessed and unassessed lands are available for assignment and the lands which are classified as 'poramboke' and 'reserved lands'-assessed and unassessed, are not available for assignment. All arable lands are assessed. There may be cases where, after assessment of land, a ryot may have left it uncultivated for one or more Faslies. In such cases, the lands are shown as 'waste' in the records. However, in the RSR, the word 'waste' is not generally used and it only contains a column 'whether the land is assessed or unassessed'. In case of 'unassessed waste' as assignment is permissible, the entry in revenue record describing the land as 'unassessed waste' c....
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....the Andhra and Telangana areas, the following constitute the core relevant revenue record: (i) Printed Diglot or A-Register; (ii) Village Account No. 1, (iii) Village Account No. 2; (iv) No. 3 Register; and (v) Village Account No. 4-Register of holdings. Case law: 122. Before discussing the case law on this aspect, Section 35 of the Indian Evidence Act, 1872 deserves to be noticed. It reads: Relevancy of entry in public record or an electronic record made in performance of duty:- An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register, or record or an electronic record is kept, is itself a relevant fact. The presumption envisaged under Section 6 of the 1971 Act is evidently based on the principle contained in Section 35 of the Evidence Act, 1872. 123. In M. Narasimha Reddy and others v. The Superintending Engineer, Irrigation and others 2000 (3) ALT 295 this Court held at para-7 as under: ... It may be noted h....
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....nual village papers the same is liable to be corrected under Section 50 and unless they are so corrected the presumption under Section 52 will govern the position. 126. In Vatticherukuru Village Panchayat v. Nori Venkatarama Deekshithulu and others (1991) Supp. (2) SCC 228, the Supreme Court described the entries in Inams Fair Register under the A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 as great acts of the State and held that the entries in the Inams Fair Register coupled with the entries in the survey and settlement record furnish unimpeachable evidence of title. 127. In Harihar Prasad v. Deonarain Prasad AIR 1956 S.C. 305 dealing with the Bihar Tenancy Act 8 of 1885, the Supreme Court held that in view of Section 103-B(3) of the said Act, every entry in the record of rights will be evidence of the matter referred to in such entry and shall be presumed to be correct until it is proved by evidence to be incorrect and that the burden lies heavily on the person who claims to be the proprietor of the land contrary to the entries recorded in the revenue record. 128. In State of A.P. v. V. Prameela Modi (2006) 13 SCC 147 the Supreme Court held as un....
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....dence of the facts which they purport to record. It may turn out that they are in accord with the general bulk of the evidence in the case and they may supply gaps in it. When viewed in the light of other compelling circumstances from which inference contrary to such-entries can be drawn, they may become unimportant and their value insignificant... 132. In State of Himachal Pradesh v. Keshav Ram and others (1996) 11 SCC 257, the Supreme Court held that the entries made in revenue record cannot form basis for declaration of title. In Corporation of the City of Bangalore v. M. Papaiah and another (1989) 3 SCC 612, the Apex Court held that it is firmly established that the revenue records are not documents of title. In Guru Amarjit Singh v. Rattan Chand and others (1993) 4 SCC 349, the Supreme Court held that the entries in jama bandi are not proof of title. 133. A Division Bench of this Court speaking through B. Sudershan Reddy., J (as his Lordship then was) made a thorough analysis of the provisions of 1317 Fasli Act and 1358 Fasli Act in Union of India, represented by its. Secretary v. Vasavi Co-op. Housing Society Ltd. and others 2002(5) ALT 370 (DB). While dealing with a ....
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....vidence available in order to establish one's title to the lands. The entries made in Columns 1 to 19 of the pahani patrikas shall be deemed to be the record of Rights prepared and maintained by a public servant in discharge of his official duties. However, the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 Fasli and all standing orders made thereunder relating to the record of rights of land as in force in the State have been repealed under Section 13 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the 1971 Act'). In the instant case, we are not concerned with the pahanies, if any, prepared and the nature of the entries made in such pahanies after the repealing of 1358 Fasli Regulations. The entries in Ex. A-6 sesala pahani of 1955-58, Ex. A-8 pahani for the year 1972-73 and Ex. A-81 pahani for the year 1980-81 were made, prepared and maintained under the regulations since the 1971 Act has not been implemented in Secunderabad Taluq of Hyderabad District in which the lands in question are situated. (Emphasis added) The Judgment of the Division Bench was carried in Civil Appeal No. 4702/2004. The Supreme ....
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....rt. While overturning the decision of the Division Bench, the Supreme Court has proceeded on the premise that even if the entries in the record of rights carry evidentiary value, the plaintiffs title could not be declared solely based on Classer Register of 1347. The Supreme Court observed that independent of the entries in the Classer Register, the plaintiff has to show that his predecessors had title over the property in question and that it is that property which the plaintiffs have purchased. The Supreme Court observed that except the registered family settlement and partition deed dated 11-12-1939 of their predecessors in interest, wherein, admittedly, the suit land in question has not been mentioned, in the absence of any independent evidence dehors the entries in the Classer Register, the plaintiffs failed to establish their title. This Judgment therefore cannot be understood as laying down any law different from that laid down by the long line of Judgments discussed above holding that the entries in the revenue records carry high evidentiary value in deciding one's title. 135. It is noticeable from all the Judgments which held that revenue records do not constitute tit....
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....between two private parties, this presumption can be rebutted by the rival claimant by producing better evidence, such as subsequent partitions, mutation in the revenue record and registered sale transactions etc. In many cases, after preparation of Diglot/Sethwar, changes in ownership of land may occur. In such cases, a person who sets up rival claim must be able to show that either he or his predecessor-in-title derived right through sale deeds supported by entries in revenue record. Conclusion on Point No. 1(a) & (b): (i) A patta granted under BSO-27 constitutes absolute title. (ii) An assignment made under BSO-15 prior to 18-6-1954 in Andhra Area and a patta granted under the Laoni Rules before 25-7-1958 in Telangana Area confer absolute title on the assignee with right to transfer the land. Unless the Revenue functionaries are first satisfied that the land is an assigned land within the meaning of sub-section (1) of Section 2 of Act 9 of 1977, no proceeding for cancellation of assignment can be initiated. (iii) In case of Laoni pattas granted on collection of market value, the pattadar is entitled to sell the land without any restrictions. (iv) In respect of estate an....
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....n, however brief, is necessary for a perfected title. As between title and possession, the former predominates, unless the latter is hereditary. A person who claims under title must, when it is disputed, prove it. Just in some way title can be acquired by possession, it can be lost by adverse possession of another and the effect of such adverse possession is that the latter keeps the property as his own. Possession lawfully obtained, prima facie, raises a presumption of ownership in the absence of evidence rebutting such presumption. Possession, however short, will raise that presumption and a long possession is not only evidence of title but is a good and valid title by itself. A person in possession, without title, has a right to remain in possession against all, but the true owner, and has an interest capable of being inherited, devised or conveyed. 138. According to Salmond, in the whole range of legal theory, there is no conception more difficult than that of 'possession'. He observed: The legal consequences which flow from the acquisition and loss of possession are many and serious. Possession, for example, is evidence of ownership; the possessor of a thing is pres....
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....da Khatun AIR 1930 P.C. 103, the Privy Council held that where no actual proof of title is forthcoming, presumption of lawful title is necessary to support possessory rights enjoyed for long. The Privy Council further held that the longer the period within which and the remoter the time when first a grant might be reasonably supposed to have occurred the less force is there is in an objection to the lawful title: 143. Delving into the nature of proof required in suits for declaration of title against the Government, in R. Hanumaiah v. State of Karnataka 2011 ALT (Rev.) 90 (SC) : 2010(4) SCJ 345 : (2010) 5 SCC 203, the Supreme Court observed that all lands which are not the property of any person or which are not vested in a local authority belong to the Government; that all unoccupied lands are the property of the Government unless any person can establish his right or title to any such land. Taking judicial notice of collusion between private citizens with Government servants in getting their names entered in the revenue record as occupants of government land, the Apex Court held that only entries based on appropriate documents like grants, title deeds, etc., or based upon actual....
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....isplaced by the Government with reference to the evidence proving that the land is vested in it. Re Point No. 3: I. (a) Description as Government land in RSR: 146. With regard to ryotwari lands, duration of settlement was generally restricted to 30 years. Therefore, the need for resettlement arose on the expiry of the period of Settlement. For undertaking resettlement, resurvey was necessary in order to demarcate the fields with specific boundaries as many changes may have occurred during the currency of the previous settlements. After completion of re-survey and re-settlement, RSRs are prepared. A comparison of the Survey and Settlement Register (A-Register/Diglot/Sethwar) with the Re-survey and Resettlement Register is necessary for proper appreciation. It needs to be noted in this context that the proformas of RSRs for different Districts varied in their columns. For instance, column No. 14 of the RSR of Pottur village, Guntur Taluk, Guntur District, pertains to the Name of pattadar or Manager of the institution to which it belongs. In contrast, in the RSR of Thimmarajupeta village of Vizagapatnam District, there is no such column. It is noticed from this RSR that the names o....
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....ctor if he is of the opinion that demarcation is necessary for prevention or adjustment of disputes (or for conducting and perpetuating a survey or a settlement of land revenue), to fix the boundaries of fields, holdings, estates or villages etc. The Act does not define the phrases "owner" and "occupant". Act 28/1860 was replaced by Act 4/1897. This Act was repealed by the provisions of the Madras Survey and Boundaries Act 1923, which on the formation of the State of Andhra Pradesh, included the Telangana Area, by Section 3 of the A.P. Survey and Boundaries (Extension and Amendment) Act 1958. A reading of the statement of objects and reasons of this Act would show that the majority of the general surveys was completed and the Act was largely required in connection with survey of estates or other similar areas, re-surveys, maintenance and the like. It is significant to note that what was implicit in Act 28/1860 and Act 4/1897 have been made explicit in respect of the definitions of the words such as "estate", "Government land", "proprietor", "registered holder" etc. Section 3(i) defined "estate" as under: 'Estate' means: (a) any permanently-settled estate whether a Zamin....
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....olumn Nos. 4 or 5, as the case may be, in the RSR, the land belongs to and vested in it. If the literal meaning of the phrase 'Government land' is to be ascribed to the said column, then, the column pertaining to 'Name of pattadar or inamdar' would be rendered nugatory. The correct way of understanding the term 'Government land' in the RSR is that it takes into its sweep all lands including patta lands and those in possession of private persons other than the inam lands. If the pattadar column shows the names of pattadars they are private lands belonging to the persons named therein or their successors in interest. (b) Dots in RSR: 150. This is another important aspect which is quite often troubling the Courts and litigant public alike for several years. In many cases under ryotwari tenure, the column pertaining to pattadar/inamdar is left blank or it contains 'dots'. The statutory enactments such as Act 28/1860, 4/1897 and 8/1923 were made with the main purpose of demarcating the boundaries between estate lands and non-estate lands which are otherwise termed as 'Government lands'. Another purpose was to cause survey for making settlement o....
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....whether holding patta or otherwise. In my opinion, keeping the 'pattadar' column blank or showing 'dots' is an indication that no information is forthcoming on the details of pattadar or person in occupation. In a given case, if patta was granted to the person in occupation and his name is not shown in the pattadar column, can such land be treated as belonging to the Government? The answer must be in the negative. Proof of a patta will displace the initial presumption that the land is not held by a private person. In the absence of patta, the subsequent entries in the revenue record and registered sale transactions also displace such presumption. The State being the author and custodian of the RSRs, the burden lies on it to explain why the 'pattadar' column is not filled up and the reasons therefor are not indicated in the 'Remarks' column. It is apt to note that Section 10 of the 1923 Act envisages enquiry if any registered holder of the land raises dispute regarding boundary. Section 12 provides for appeal to the party aggrieved by the decision of the Survey Officer on the determination of the boundary. Section 14 provides for further remedy to th....
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....t constitutes one of the many revenue records which have to be considered in determination of title. (b) Entries in RSR showing the land as belonging to Government do not necessarily mean that the same is not a patta land, but they only mean that it is not an inam land. (c) The pattadar column in RSR left blank or containing 'dots' cannot be understood to mean that the land is vested in the Government. A private person can still claim ownership over the land based on the patta and/or entries in the revenue record prepared both prior to and after the commencement of the 1971 Act, besides registered sale transactions. If, the Government disputes such entries, it needs to get its right declared by instituting proceedings before the competent court of law. II. Entries in Town Survey Land Register (TSLR): 155. Detailed Town Survey was carried out in some municipalities and Panchayats in Andhra Area. In Telangana region detailed Town Survey of the twin cities was carried out in 1966-70. The object of undertaking detailed surveys is not only to survey the boundary between the streets and private properties, but also the boundaries of all private properties whether built up o....
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....he A.P. Land Grabbing (Prohibition) Act, 1982 were initiated for eviction of Hyderabad Potteries Pvt. Ltd. in respect of 17,786.56 sq. mts of land in T.S. No. 4/2, Block-D Ward No. 66 of Bakaram village, Musheerabad Mandal, Hyderabad District, after declaring that they are land grabbers and for award of compensation to the State. The only basis for institution of the said proceedings was that in the Town Survey conducted in respect of Bakaram and Gaganmahal villages for the years 1355 and 1357 Faslies (1945 and 1947 respectively) and further in the year 1965 and 1971, it was found that certain extent of area existing between the said two villages was left unsurveyed and that the same was not accounted for and consequently it remained as a gap area; that gap area means unsurveyed land and would be deemed to be Government land. In the Gazette notification dated 17-7-1996 published under the A.P. Survey and Boundaries Act, 1923, in column No. 20 of the TSLR, the schedule property admeasuring 19,214 sq. mts. was recorded as Government land. The State has pleaded that as the survey has attained finality, Hyderabad Potteries Pvt. Ltd. should be declared as land grabbers. On consideration....
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....summary eviction of the persons in occupation of the three plots, the Tahsildar initiated proceedings under the 1905 Act by issuing a notice under Section 7 thereof. It was followed by an order passed under Section 6 directing eviction of Habibuddin. The appeal filed by Habibuddin before the Collector was dismissed and the said order was affirmed by the Board of Revenue. During the pendency of the appeal before the Board of Revenue, the plots were purchased by the respondents before the Supreme Court for a valuable consideration. After being unsuccessful before the Government against the order of the Board of Revenue, the purchasers have filed Writ Petition in this Court. A learned single Judge dismissed the Writ Petition. The Division Bench has however allowed the Writ Appeals by taking the view that the aspect whether the land belongs to the Osmania University or not will have to be decided by a competent Civil Court as and when a civil suit is filed by the Government and that the summary eviction proceedings under Section 7 cannot be resorted to unless there is an attempt at encroachment of a very recent origin. The State carried the matter in appeal before the Supreme Court. Wh....
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....od. Having failed in the suit, the University activated the Government to evict the Nawab and his transferees summarily, which seems to us impermissible. The respondents have a bona fide claim to litigate and they cannot be evicted save by the due process of law. The summary remedy prescribed by Section 6 is not the kind of legal process which is suited to an adjudication of complicated question of title. That procedure is, therefore, not the due process of law for evicting the respondents. The view of the Division Bench that the summary remedy provided for by Section 6 cannot be resorted to unless the alleged encroachment is of "a very recent origin", cannot be stretched too far. That was also the view taken by the learned single Judge himself in another case which is reported in Meherunnissa Begum v. State of A.P. (1970) 1 ALT 88 which was affirmed by a Division Bench: AIR 1971 AP 382. It is not the duration, short or long, of encroachment that is conclusive of the question whether the summary remedy prescribed by the Act can be put into operation for evicting a person. What is relevant for the decision of that question is more the nature of the property on which the encr....
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....the bed of the sea, or the like, summary proceedings under the 1905 Act cannot be initiated and that in all such cases, the Government which claims title shall approach the competent Civil Court for declaring its title. 161. For ease of reference, conclusions on Point Nos. 1 to 4 are compendiously reproduced in the addendum enclosed which shall form part of this Judgment. PART-IV Consideration of individual Writ Petitions: 162. Let me now consider the Writ Petitions by applying the legal position elucidated hereinabove. For convenience, these Writ Petitions are categorised based on the nature of the dispute. W.P. Nos. 23595/2013, 23599/2013, 23615/2013, 25333/2013 and 25356/2013: 163. These writ Petitions involve dispute relating to the entries in RSRs. of these, W.P. Nos. 23595, 23599 and 23615 of 2013 present identical facts. Though the facts were already stated at the beginning, their repetition is unavoidable in order to apply the principles of law discussed above to the facts of each case. 164. The petitioner in W.P. No. 23595/2013 pleaded that he has purchased lands admeasuring Ac. 23-43 cents in Sy. No. 408, Ac. 2-44 in Sy. No. 589, Ac. 1-40 cents in Sy. No. 385, Ac. ....
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....ificates issued by respondent No. 3 remained uncontroverted. It is therefore reasonable for this Court to proceed on the premise that the names of the petitioners' vendors have been recorded in the RSR as pattadars. 168. As concluded under Point No. 3, if any evidence contrary to the entries in RSR exist, such entries cannot be taken as conclusive proof of title. In these cases, the only document which contradicts the entries in the RSR is Adangal. As noticed by this Court earlier, under Rule 3 of the A.P. Rights in Land and Pattadar Passbooks Rules, 1989, pahani/adangal does not constitute record of rights (ROR) for a village. Under the Scheme of the 1971 Act the procedure for preparation and updating of record of rights, intimation of acquisition of rights, amendment and updating of ROR on receipt of such intimation, the provisions of appeal and revision, relate only to ROR. Therefore, even if there is an error in the entry in the Adangal, a person who asserts his title and ownership to the properties need not avail the remedies provided under this Act for rectification of entries for the simple reason that Adangal pertaining to post 1971 Act period does not form part of ROR....
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....r 1934 would overweigh the entries in the RSR. The issue of pattadar passbook and title deed based on the entries in the record of rights such as 10(1) Account raise a presumption in favour of these entries under Section 6 of the 1971 Act. For all these reasons, the petitioners have established their ownership for receiving compensation and there is no justification for the respondents to deny compensation. W.P. No. 15438/2012, 31582/2012, 26106/2013, 25727/2013, 27589/2013 and 23447/2013: 169. On broad classification, these Writ Petitions fall under one category. In all these Writ Petitions, the genesis of the dispute is the entries in TSLR. As the facts vary from case to case, each Writ Petition needs to be considered on its own facts: W.P. No. 31582/2012: 170. Since the facts have already been noted earlier, they need not be repeated. The request of the petitioners for change of classification of the land in the TSLR from 'burial ground' to 'poramboke' was rejected only based on Fair Adangal prepared in the year 1968 describing the land as 'smasanam'. The admitted facts however remain that as far back as 1901, an extent of Ac. 155-00 was purchased by ....
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.... where the ratio in Rama Iyyengar (supra) as referred to and discussed under Point No. 2 squarely applies. The continuous flow of registered sale transactions reflects on the conduct of the Government in treating the land as a private land and not as a burial ground. Therefore, this is a fit case to which the doctrine of estoppel by conduct needs to be applied. The Government cannot rely upon a stand alone entry in the Fair Adangal prepared in the year 1968 by which time more than 18 registered sale transactions have taken place. Thus, ex facie, the entry in the Fair Adangal is incorrect. In my opinion, respondent No. 1 ought to have accepted the earlier reports of the Revenue Divisional Officer and the District Collector. The petitioner is therefore entitled for change of classification of the land from 'burial ground' to 'AWD'. W.P. Nos. 25727 and 26106 of 2013: 171. The petitioners have claimed ownership of the land in respect of a common property based on a compromise decree passed in O.S. No. 1420/1983. The petitioners have traced their title through their grand mother late Sultan Khatoon who has purchased an extent of 23445 sq. mtrs. of land under registered....
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....itiate eviction proceedings under the provisions of 1905 Act only based on the entry in the TSLR describing the land as 'G-Abadi'. The impugned proceedings are liable to be quashed, however, with liberty to the respondents to approach the competent Civil Court for declaration of title of the Government over the land in question. W.P. No. 15438/2012: 173. The petitioners have claimed title to 2300.46 sq. yards under three registered sale transactions dated 5-6-1985, 14-6-1985 and 15-11-1985. The petitioners have also relied upon the proceedings initiated under the 1973 Act in respect of the same land by order dated 30-8-1995 passed in C.C. No. 7576/1975 declaring 270 sq. yards as surplus land. However, the appellate authority by order dated 20-6-1996 declared the petitioner as a non-surplus holder. The petitioner has already sold 1124 sq. yards out of the said property to a third party under registered sale deed and when the remaining property of 1176.46 sq. yards was sought to be sold," the petitioner was informed by the Sub-Registrar, Chikkadpally that the District Collector, Hyderabad by letter dated 4-7-2011 instructed the Registering authorities not to register any do....
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....e plea of the respondents suffers from serious legal flaw. This case is identical to the case dealt in Hyderabad Potteries Pvt. Ltd. (supra) the only difference being that in that case, the land was shown as 'gap area' in the TSLR while in this case, the land is shown as 'GVM drain'. 176. A perusal of the impugned endorsement dated 24-6-2013 shows that the petitioner has not produced any documentary evidence to prove that the classification in the TSLR is wrong. Even in this Writ Petition, the petitioner has not pleaded that other than the two registered sale deeds and the Encumbrance Certificate, any other document has been filed to show that wrong classification has been made. The Judgments dated 20-6-2012 in W.P. No. 25840/2011 on which reliance has been placed by the petitioner does not help her for the reason that in that case, the petitioner therein has sought relief against the Greater Hyderabad Municipal Corporation for considering her application for grant of building permission relying on the Judgment of this Court in Hyderabad Potteries Pvt. Ltd. (supra). However, in this case, the petitioner sought the relief of directing the District Collector to grant....
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....RSR indicate that the lands belong to the Government is in the teeth of the conclusions drawn by this Court under Point No. 3. Similarly, the reasoning of respondent No. 3 that the classification of the land as "Gayalu" in the RSR is also conclusive proof of the Government's title to the lands is also legally unsound for the detailed discussion made and the findings rendered in this Judgment. Therefore, the impugned order to the extent of declaring the land as belonging to the Government cannot be sustained and the same is set-aside. However, the question whether the land belongs to the petitioner, or the same is vested in the Government, is left open to be adjudicated by a competent court in appropriate proceedings. W.P. No. 25993/2013: 180. On the facts already noted, it is seen that the petitioners' application for conversion of land from 'agriculture' to 'non-agriculture' was kept pending on the ground that instructions from the Government are awaited in view of recording of the land as 'dots' and 'Anaadeenam punja' in the village Diglot and the District Collector also has given directions to await further instructions from the Governme....
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....age Accounts. Before integration of revenue record, No. 1 and No. 2 Accounts (old), No. 3 Account, No. 10 Account and Register of Holdings in Andhra Area and Pahani patrika, Chowfasla, Faisal Patti and Khasra Pahani in Telangana Area are relevant Village Accounts for determination of title. After integration of the Village Accounts under the 1971 Act, (i) Printed Diglot or A-Register, (ii) Village Account No. 1, (iii) Village Account No. 2, (iv) No. 3 Register and (v) Village Account No. 4-Register of Holdings constitute relevant record. (6) Between two rival claimants relying upon the entries in revenue record, the person whose name is recorded in the basic records such as A-Register and Record of Holdings and their successors-in-interest will be considered as the rightful owners. In deciding such disputes, the revenue authorities and the courts need to carefully weigh the evidence relied upon by the rival parties with reference to the record referred to hereinbefore. Even in cases of disputes between the Government and private persons, the above referred record constitute material evidence in determination of title. (7) While there is a presumption that all porambokes and lan....