TaxTMI 
TaxTMI 
2014 (4) TMI 1263
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....re discussing the general law governing the subject, 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 ....
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....form part of Ac. 2-73 cents of land recorded as 'burial ground 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). Th....
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.... Records as Burial Ground but the land in question is merged in burial ground in detail Town Survey instead of patta land in the year 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 y....
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....Katta, Bahadurpura Mandal, Hyderabad, in the above mentioned compromise decree and that he is the absolute owner and possessor of the same. On 13-6-2013 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....
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..... Respondent No. 1 initiated the impugned proceedings for eviction of the petitioners under the 1905 Act. Questioning these proceedings, the petitioners filed this 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 fixat....
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....8/2012: 18. The petitioner claimed title to 2300.46 sq. yards of land situated at premises bearing municipal No. 1-7-496/1 of Zamistanpur village, Musheerabad, Hyderabad under 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 t....
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.... under registered sale deed dated 10-12-1984. The application filed by the petitioner's mother for issue of NOC in connection with approval of building plan by the Municipal Corporation 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 mentio....
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....lement patta or assignment patta was granted in respect of the said land, the private sale transactions taken place from the year 1950 do not bind the Government. Referring to the pattadar 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 ....
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.... land tenures. Re Point No. 1: 29. The Courts are quite often faced with the problem of resolving the disputes between two private parties or between private parties on one side and the State on the other side on the question of ownership 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. The....
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.... in the year 1792. Coimbatore, Kanara and Hosur taluks were ceded in 1799. The Districts of Bellari, Anantapur, Palaud taluk of Kitsna (Krishna) Kurapa (Kadapa) and Karnul (Kurnool) were transferred by the Mysore sultan to the Nizam in the year 1799. 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 ....
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.... Munro, the then Chief Controller of the ceded districts, constantly worked for putting a stop to the zamindari settlement and introducing individual or ryotwar settlement whereunder individual settlements or settlement with each ryot not with a view to give the government 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....
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....he ryots on account of the zamindars. 44. Regulation 28 of 1802 conferred power on the holders of estates to distrain for arrears of revenue. This Regulation was later repealed by the Rent Recovery Act 1865, which contained similar provisions. 45. Regulation 29 of 1802 created the office of Kernam ('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. E....
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.... the land or whether the tenants had any rights in the soil remained unanswered and gave rise to numerous decisions, some favouring ryots and the others favouring zamindars and landholders. It is in this background that Estates Land Act 1 of 1908 was passed. Features of Estates Land Act: 51. Section 2 of the Act defined '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 there....
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....g and upon the produce of the land. The landholder is entitled to distrain and sell the properties of the ryot for non-payment of rent. Principles of settlement under Ryotwari system: 54. A field to field settlement, called, Kulwar settlement, was followed by Thomas Munro to ascertain what fields are occupied by each ryot and to enter them with fixed rents attached to them in his patta, their aggregate 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....
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....records prepared after settlement: (i) Settlement Register: This register is also termed as Diglot or 'A' Register. It is the foundation on which the whole revenue administration rests. It forms complete recording of accurate information as to whether it is Government or inam land, dry, wet, unassessed or poramboke, source of irrigation, class and sort of soil, taram, rate per acre, extent etc. It records every 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 am....
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....were recognised: (i) Inams proper, where the land granted is either a field, or a village, or a village or a group of villages; (ii) Mohammadan jagirs, which were personal grants. (iii) Shrotriyams and agraharams: These are grants to certain classes of Brahmins. These imams include the inams given for religious institutions, public utility-such as for the support of choultries etc.; construction-maintenance and repair of irrigation works in the 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, w....
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.... land etc. No. 10 Account: It is a sort of 'individual chitta' or personal ledger of each cultivator. Section-I shows the particulars of the original holding, additions by-transfer, or by land taken up on application etc., under 'dry' and 'wet' separately. Section-II shows the assessment on these lands, deducting remissions and adding miscellaneous revenue, land cess, village service and special funds. No. 11 Account: It is the form of patta granted to each ryot. Register of Holdings: This is a very important 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 adop....
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.... Managers of Estates etc., and gave control to the Board of Revenue inter alia for giving effect to the provisions of the Act, superintendence of taking over of estates to make due arrangements for interim administration therefor. The Act also abolished 'inam estates'. Under Section 11 of the Act, every ryot in an estate shall, with effect on and from the notified date is entitled to a ryotwari patta in respect of all ryoti lands which immediately before the notified date were properly included or ought to have been properly included in his holding and which are not either lanka lands 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 est....
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....ettlement made by the Bahmani Kings and by the Adilshahi and Kutubshahi rulers were found in some places. Regular settlements were introduced only when Akbar annexed Berar in 1596 and Malikambar became the Governor of Aurangabad. The assessment according to Akbar's settlement was fixed by measuring the arable lands and making a careful assessment of the produce. The land was measured in Bighas. Revenue was assessed on 1/4th of the estimated produce per each Bigha and the total demand on a village was termed as "Tankhwah" or "Standard rent-roll". The assessment was originally based on the quantity of 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....
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....y would collect the land revenue from the cultivating ryots in relation to these areas. 73. The expression "Jagir" includes (a) Paiga, (b) Samsthan part of Jagir, (c) Village Mukhtha, (d) Agrahar, (e) Umli and (f) Mukasa (This definition is found in Regulation 2(f) of the Abolition of Jagirs Regulation, 1358 Fasli). 74. The expression "Inam" is defined in Section 2(10) of the Land Revenue Act, 1317 Fasli and is also defined in Section 2(1)(c) of the A.P. (Telangana Area) Abolition of Inams Act, 1955. 75. After abolition of Jagirs/Inams, the entire tenure in the Telangana area became uniform and the Khalsa tenure 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 Stat....
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....y of holding. Rules regarding grant of pattadari rights in Non-Khalsa villages: 79. These rules were framed under Section 172 of the Land Revenue Act, 1317 Fasli and were published during the year 1356 Fasli (1946 A.D.) as a precursor to the Abolition of Jagirs Regulation, 1358 Fasli. Under these Rules, the land tenure in Jagirs was equated with that in the Khalsa villages (villages administered by the Government directly). Rule 2 of the said rules reads as under: From the date of the coming into force of these rules all persons who hold jagir land and pay revenue direct to the Jagirdars shall, in all Jagirs, whether settled or 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 a....
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.... the crucial date was 1-11-1973. The Hyderabad Tenancy and Agricultural Lands Act. 1950: 82. This important statute was enacted in the year 1950 and its Preamble reads thus: Whereas, it is expedient to amend the law regulating the relations of landholders and tenants of agricultural land and the alienation of such land. And whereas it is also expedient to enable landholders to prevent the excessive sub-division of agricultural holdings to empower Government to assume in certain circumstances the management of agricultural lands, to provide for the registration of Co-operative Farms and to make further provision for matters incidental to the aforesaid purposes. 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 cens....
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....rab lands comprise foot paths, cart tracks, wells, out-cropped rocks, gokattes or other small kuntas which are not treated as separate survey numbers; topes-places where trees are found together and which are intended to be retained for being used as such and where it is usual to hold annual Jatras, weekly markets, or such other functions, are usually assigned pot kharab by multiplying length and width; places set apart for use of the community at large or Hallas or Nalas, cattle tracks or made Roads and Railways, trees; the area over which shade of big trees falls; cultivation ridges, area covered by buildings etc. Land records in Telangana Area: 88. The Hyderabad Record of Rights in Land Regulation 1358 Fasli Act (for 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 an....
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....prepared "Akar land" register. 92. At the end of the entries of each khata, totals are noted for old entries and corresponding new survey entries. This will give the clear picture of each khata particularly to ascertain the discrepancy of extents if any10. Village Accounts (Pre-Independence): 93. After completion of Survey and Settlement and announcement of settlement rates, a copy of the Basic records (i.e.) Village map, Sethwar Register and Wasulbaqi Register will be supplied to the Tahsildar. Tahsildar will get two copies of Pahani prepared by the Patwari in his office and attested by him. Pahani is an important Register maintained by the Patwari for the purpose of Azimash and also for various statistical Returns and accounts to be 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 ....
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....ions and area available for assignment. (ii) Village Account No. 2-Register of changes in the village (Annual Register). (iii) No. 3-Register-Statement of occupation and cultivation field by field (columns 11 to 15 of this Account are meant for record of rights) (iv) Village Account No. 4-Register of holding and land revenue demand (Column Nos. 8, 16 to 19, 24 to 28, 30 to 33 are not applicable in view of abolition of land revenue). (a) Documents of ownership/title: 97. Having traced the backdrop of the land tenures and the evolution of ryotwari system, the stage is set for considering what are the documents that constitute ownership/title to land. The Board Standing Orders (BSO) of the Board of Revenue of Madras (1907 Edition) succinctly dealt with the rights and 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 unneces....
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....ay the fixed assessment on it, whether cultivated, waste or fallow, in the presented installments, unless it be remitted in accordance with the rules laid down in Standing Order No. 13. 5. Currency of patta: A patta retains its validity until superseded by one of later date. It does not necessarily require renewal from year to year. 6. Mineral right of pattadar: The registered pattadar is entitled to work minerals on his land, but is liable to pay therefor a separate assessment in addition to the usual assessment for surface cultivation. 7. Joint-pattadar's rights to receipt book: Sub-receipt books should be given to all holders of land on joint-pattas who want them. The entries in these sub-receipts will be transferred to the principal receipt book when it is produced for the purpose before the village officers by the possessor. The sub-receipts 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 Briti....
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....er the provisions or for the purposes of the Act. Section 3 envisages preparation and updating of ROR in all lands. Section 4 obligates every person acquiring rights as owner, pattadar, mortgagee, occupant or tenant of the land or otherwise to intimate such acquisition of rights to the Mandal Revenue Officer (Tahsildar). Section 5 provides for amendment and updating of ROR. This provision also provides for the remedy of appeal by an aggrieved party. Section 5-A provides for regularisation of certain alienations. Under Section 5-B, an aggrieved party is entitled to file an appeal against the order passed under Section 5-A. Under Section 6, every entry in the ROR is presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provisions of the Act. Section 6-A, which was introduced by Act 11 of 1980, provided for issue of pattadar passbook and title 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 equitabl....
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.... by way of regrant)/occupancy right certificate holders and their successors-in-interest, hold title. Title will be divested from them in the event of transfer of these properties through legally recognised modes. In case of persons claiming rights under the Hyderabad Tenancy and Agricultural Lands Act, 1950, protected tenants and land holders on whom ownership rights are conferred hold title to the lands over which such rights are conferred. Darkhast lands: 105. Bhashyam Ayyangar., J, speaking for the Division Bench in The Secretary of State far India Council, represented by Changalput v. Kasturi Reddy (1902) 1 MLJ 453 traced the history of transfer of all properties from East India Company to the Crown. It is instructive to quote the relevant portion of the Judgment below: ....The law applicable to the subject is contained in the following statutes: 21 and 22 Vict. Ch. 106, Ss. 39 and 40; 22 and 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, in....
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...."unassessed"). As vast tracts of lands were available for cultivation and it was the policy of the administration to bring as much land as possible under cultivation with a view to earn revenue, and also to increase food production to overcome food shortage after the First World War (1914-1918), the conditions of grant were liberal to the extent that there was not much distinction between the regular patta and darkhast grant. The concept of "landless poor person" as the eligibility criterion was not in existence. The only restriction on alienation was contained in clause (3) which reads: "Alienation of the land without the sanction of the Government, to a person other than the British subject or a subject of an Indian State shall invalidate the grant". Later, certain amendments were made to the BSO. Para-23 of the BSO (1920 Edition) reads: No land belonging to Government shall be assigned or sold under this Standing Order to any person other than a British subject or to a 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....
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.... 1. Whether the land in question was assigned in the year 1960, 1961 in favour of the petitioners' predecessors in title under the Telangana Area Land Revenue Act read with Laoni Rules made thereunder or whether the grant of patta is attributable to Revised Assignment Policy issued in G.O.Ms. No. 1406, dt. 25-7-1958? 2. Whether the provisions of Act No. 9/77 can be applicable to all types of pattas under Laoni Rules after collection of market value under Chapter V of the Telangana Area Land Revenue Act? On Point No. 2, which is relevant for the present purpose, the Division Bench at paras 36 and 52 held as under: A combined reading of the statutory provisions and the Rules as referred to would clearly indicate that grant of pattas are of two kinds; one is by way of sale in favour of persons who desirous of taking up unoccupied land. As per Rule-III of the Revised Assignment Policy issued in G.O.Ms. No. 1406 dt. 25-7-1958 assignment of land in favour of landless poor persons who directly engage themselves in cultivation by giving preference to Harijans, Girijans, Harijan Christians. In case of granting patta for the persons who are desirous to occupy ....
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....ion of the land and that unless the Revenue officials are first satisfied that the land was an assigned land within the meaning of sub-section (1) of Section 2 of Act 9 of 1977, no proceeding for cancellation of assignment for alienation of the assigned land can be initiated. 111. A Division Bench of this Court by order dated 23-10-2013 in W.A. No. 1728/2013 confirmed the above Judgment. 112. In P.V. Rajendra Kumar v. Government of A.P. 2011(3) ALD 571, I have held at paras 21 and 22 as under: ...The term 'assigned land' is defined by Section 2(1) of the Act to the effect that the lands assigned by the Government to the landless poor persons under the rules for the time being in force subject to the condition of non-alienation and includes lands allotted or transferred to landless poor persons under the relevant law for the time being in force relating to land ceilings. In order to attract the bar of registration, the land must be an assigned land within the above mentioned definition. Unless the patta under which the assignment is made contains a condition of non-alienability, such land cannot be treated as assigned land within the provisions of the Act.... ....
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....a condition against alienation of the land and that 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. Waste lands: 114. Act XXIII of 1863 deals with the manner of disposal of waste lands including unassessed waste lands. It provided for adjudication of claims to waste lands and the preamble reads as under: Whereas it is expedient to make special provision for the speedy-adjudication of claims which may be preferred to waste lands proposed to be sold or otherwise dealt with on account of Government, and of objections taken to the sale or other disposition of such lands; it is enacted as follows: When any claim shall be preferred to any waste land proposed to be sold or otherwise dealt with on account of Government, or when any objection shall be taken to the sale or other disposition of such land, the Collector of the district in which such land is situate, or other officer performing the duties of a Collector of land revenue in such district, by whatsoever name his office is designated, shall....
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....he land if he is unable to produce proof of patta; and in such cases would the entries in the record of rights help him to establish his title, are the questions to be answered under this Point. 119. Based on the discussion made earlier, the following record could be held to constitute the core revenue record in Andhra area prior to the integration of the revenue record of both areas: Diglot or A-Register, Ledger/Chitta constituting settlement record, No. 2 Account, otherwise known as Adangal/Annual Settlement of occupation and cultivation, No. 3 Account which reflects changes in respect of land held by way of transfer by sale, relinquishment etc., and the Register of Holdings maintained under BSO-31 and No. 10 Account which is an individual chitta or personal ledger of each cultivator. 120. In Telangana area, Sethwar Register, Supplementary Sethwar, Wasool Baqui Register, Khasra Pahani (prepared under the Land Census 1954 under the provisions of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950), Pahani, Chowfasla and Faisal Patti constitute the core revenue record. 121. After integration of records of both the Andhra and Telangana areas, the following co....
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....rary is shown. This provision raises a presumption of correctness of the aforesaid Khasra entries. The burden of proving adverse possession accordingly was a heavy one... 125. Considering the provisions of the Madhya Bharath Land Revenue and Tenancy Act, 1950, in Kasturchand v. Harbilash AIR 2000 S.C. 3037 : (2000) 7 SCC 611 : 2000(6) ALT 47.1 (DN SC) the Supreme Court reiterated the legal position on the evidentiary value of the entries in the village records. The Apex Court, at para-17, held: ... As per Section 45 of the said Act, Khasra, Jamabandi or Khatoni and such other village papers as the Government may from time to time prescribe shall be annual village papers. Section 46 enjoins preparation of annual village papers each year for each village of a District in accordance with the rules made under the Act. Section 52 embodies the presumption that all entries made under that Chapter in the annual village papers shall be presumed to be correct until the contrary is proved and Section 50 prescribes the method or procedure for correction of wrong entries in the annual village papers by superior officers. Thus it is clear that in the event of wrong entries in the ann....
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....mants for the occupation of certain denominations of immovable property may be put into occupation of it with the greater confidence that the revenue for it will be paid. These observations were made by the Privy Council in a case where one Lal Bahadur Singh, one of the joint family members set up his exclusive title based on the mutation proceedings showing his name as the owner of the land. The Privy Council held that the revenue authorities have no jurisdiction to pronounce upon the validity of the claim of Lal Bahadur Singh to be the sole proprietary owner of the estate to the exclusion of his, brothers as such questions have to be adjudicated only by the competent civil court. 131. A Division Bench of this Court in Ramanna v. Samba Murthy AIR 1961 A.P.- 361 which inter alia relied upon the Judgment in Thakur Nirman Singh (supra) and held: In our view the entries in the revenue records though they may be relevant evidence under Section 35 of the Evidence Act, are not evidence of title. Dealing with the entries in Diglot, the Division Bench held at para-10 as under: In our view, therefore, though the entries in the Diglot register may be evidence, they ar....
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....whether those documents were maintained by any statutory authority in discharge of its normal official duties. The nature of the documents and the entries made therein are not dealt with in any one of those judgments. By placing reliance upon the Judgments in Rajeswararao v. Narsingarao AIR 1952 Hyderabad 75, Mylaram Lachaiah v. Nafeezunnisa Begum ILR 72 A.P. 652, Md. Ibrahim v. Secretary to Government of India 1996(2) ALT 950, Commissioner of Survey v. G. Padmavathi 1999(4) ALT 209 (DB), Choote Khan v. Mai Khan AIR 1954 SC 575, B.S.V. Temple v. P. Krishna Murthy AIR 1973 SC 1299, Avadh Kishore v. Ram Gopal AIR 1979 SC 861 and Kasturchand v. Harbilash (2000) 7 SCC 611 : 2000(6) ALT 47.1 (DN SC), the Division Bench held at paras 97 and 98 as under: A careful analysis of the decisions referred to hereinabove of this court as well as of the Apex Court would make it clear that the entries made in the Record of Rights carry with them a very great evidentiary value, provided the Record of Rights is prepared and maintained under the provisions of the relevant statutes or the Regulations, as the case may be, and further provided that the entries therein are made after holding p....
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....Pahani Patrika shall be deemed to be entries made and maintained under Regulations. We are of the view that even if the entries in the Record of Rights carry evidentiary value, that itself would not confer any title on the plaintiff on the suit land in question, Ext. X-1 is Classer Register of 1347 which according to the trial court, speaks of the ownership of the plaintiff's vendor's property. We are of the view that these entries, as such, would not confer any title. Plaintiffs have to show, independent of those entries, that the plaintiffs predecessors had title over the property in question and it is that property which they have purchased. The only document that has been produced before the court was the registered family settlement and partition deed dated 11.12.1939 of their predecessor in interest, wherein, admittedly, the suit land in question has not been mentioned. (Emphasis added) 134. On a careful reading of the Judgment of the Apex Court in Union of India v. Vasavi Co-op. Housing Society Ltd. (43) Civil Appeal No. 4702/2004, dt. 7-1-2004, I am of the opinion that the legal position as enunciated by the Division Bench with respect to the ev....
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....egistered occupant was conferred with the right of selling the land to any third party without restrictions. Thus, the recognised possession can be said to be the source of a person's title. The possession of a person is reflected in the records. As noticed earlier, the A-Register/Diglot in Madras Presidency and the Sethwar in Telangana Area was the mother of all the Registers. Though the primary intention of preparing this Register was to classify the lands according to the soil and potentiality and assess the revenue, recording the names of the persons in occupation was an equally important object in preparing this Register, for, without recording the names of the persons in occupation, the Government will not be able to collect revenue. All the revenue records such as Registers A to E and monthly and annual Accounts No. 1 to 4 and No. 10 Accounts in Andhra area and Wasool Baqui, Khasra Pahani, Pahani Patrik, Choufasla, Faisal patti etc., discussed hereinbefore, in Telangana Area are based on the basic register of Diglot/Sethwar. Therefore, if a person's name is recorded as an occupant or pattadar in these records, a necessary presumption would arise in his favour or in f....
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.... (vi) 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. (vii) While there is a presumption that all poramboke and communal lands vest in the Government, no such presumption arises in case of waste lands, assessed or unassessed. In deciding the claim of persons on these lands, isolated entries in documents such as RSR are not conclusive. All other relevant revenue record shall be considered while deciding this dispute. Re Point No. 2: 137. In the absence of proof of patta, the right of a person in possession supported by multiple registered sale transactions needs to be considered. Both under the ancient Hindu and Muhammadan laws, ....
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....dern India have also recognised the right of the first occupant to the possession of the land under the Hindu law. According to what may be termed-the Hindu common law, a right to take possession of land is acquired by the first person who makes a beneficial use of the soil. The interest of the person thus taking possession is not a limited but an absolute one (See: Secretary of State v. Vira Rayan 9 Madras 175). Subject to payment of revenue, a ryotwari proprietor enjoys an absolute proprietorship over the soil and can deal with and use it in any manner he likes13 'Possession' is therefore recognised as nine points in law with the ownership completing the residue. 140. Para-7 of BSO-31 recognised possession of a person without title for 12 years or more and enjoins on the Revenue officers to recognise such person's right by transferring the register in his name after notice. Under this provision, obligation is cast on the officers to confer such right on their own motion even without an application by the individual. 141. In Rama Iyyangar v. Kasinivenda Iyyangar 23 MLJ 32, a Division Bench of Madras High Court held that transactions by a party dealing with the pr....
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....nd land held by other registered holders under proprietary right are two of the exclusions in the said provision and these two categories of lands do not belong to the Government. Conclusion on Point No. 2: 145. From what is discussed above, it appears to me that in the absence of a document such as patta or a grant, a person in possession of land for 12 years or more without title can claim transfer of registry in his favour as envisaged by para-7 of BSO-31. The possession of a person coupled with multiple sale transactions would also form basis for his claim to title. In such cases, the burden shifts to the rival claimant, be it a private citizen or the Government, to prove that the land belongs to or vested in them. In many cases, despite successive registered sale transactions, the Government denies title set up by private citizens. In these cases, the burden on the Government is heavier, for, the presumption goes in favour of the person who claims the land on the strength of registered sale transactions which constitute public notice, as held by the Supreme Court in Sura) Lamp & Industries (P) Ltd. v. State of Haryana 2009(7) SCJ 593 : (2009) 7 SCC 363. In cases of repea....
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....tand of the Government which has become rather well-known over years is that if column No. 4 or 5 in RSR shows the land as belonging to Government, unless the name of the pattadar is mentioned in column No. 13 or 14 devoted to "Name of pattadar or Inamdar or the Manager of the Institution to which the land belongs" the land is deemed to belong to the Government. This assumption, in the opinion of this Court, is wholly misconceived. 147. In this context, it is necessary to have a peep into the background leading to the genesis of survey. The British India has enacted Act 28 of 1860 for survey and demarcation of the lands. Its long title reads "An Act for the establishment and maintenance of Boundary marks and for facilitating the settlement of Boundary disputes in the Presidency of Fort St George; Passed on 29th June 1860". The preamble of the Act reads: Whereas it is desirable, with a view to the better definition and security of landed property, the prevention of encroachments and disputes, and the identification of lands assessed to, or exempted from, the public revenue in the Presidency of Fort St. George, that provision should be made for the establishment and maint....
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.... 'the person in whose name the land in question is registered in the Government accounts of the village: Provided that when any person other than the registered holder is in lawful management of the Government land otherwise than as agents or servant of the registered holder or as mortgagor or lessee' such person shall be deemed to be the registered holder in respect of such Government land'. 148. The above noted definitions would reveal that an estate included all permanently settled lands of whatever name i.e., Zamindari, Jagir, Mitta, Palaiyam and all Inam villages of which grant was made or was confirmed by the British Government. All the other lands are treated as 'Government land' under Section 3(ii). The estate holders are recognised as proprietors while persons who are in occupation of Government lands and registered as such in the Government accounts of the village are called 'registered holders'. 149. What is discernible from these provisions is that all lands other than 'estate lands' are treated as Government lands irrespective of whether they were in occupation of ryots and whether pattas were granted to them or not. In other w....
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....adar or in filling the column wherever it exists. Therefore, based on such an unfilled and incomplete document, it is neither proper nor reasonable to presume that the land is not held by the pattadar or that the same is not in occupation of a ryot and that the same is vested in the Government. 151. It is significant to notice in some of the RSRs filed before this Court that in respect of some of the lands where 'dots' are shown under 'pattadar column', in the remarks column, they are shown as 'Hill-stream' (vagu), 'Footpath' (donka), 'Jungle' (adavi). In such cases, the burden lies on the persons who claim ownership over lands to prove that these entries are wrong and that they are ryoti lands under their cultivation. For this purpose, they can rely upon the record such as Diglot, Register of Holdings and the Village accounts prepared after re-survey and re-settlement. Such evidence will displace the entries in the RSR. 152. Interestingly, in the RSR prepared for Bandaganipalli village, Udaygiri taluq, Nellore District, the pattadar column in respect of many survey numbers was filled with 'dots'. Some of these lands are shown a....
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....9 without taking into consideration the evidence for the subsequent period such as registered sale transactions cannot be taken as conclusive proof of ownership. In Shaik All v. District Collector 2011(1) ALT 474 this Court has referred to and relied upon various other Judgments of this Court in reiterating the position that the mere entries in RSR will not offer conclusive proof of ownership of the land. In Shaik Dudekula Pyari Jan v. Revenue Divisional Officer (54) W.P. No. 6061/2010, dt. 2-7-2010 this Court has weighed the entries in the RSR of Doddipalli village showing the lands as Government lands on the one side and registered transactions of the years 1938, 1942, 1959 and 1972 on the other side and held that in the face of the subsequent registered sale transactions, it is for the Government to assert and prove its title if it chooses to do so in a properly constituted proceeding before the appropriate forum in accordance with law and that without doing so it is not open to the revenue authorities or the registration authorities to deny persons claiming rights over such land merely on the basis of the RSR entries. This dicta was reiterated by this Court in Madiga Papanna v.....
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....rvey made under the said Act is mainly intended for the purposes of identification of lands and fixation of boundaries and that there is no provision thereunder to make any detailed enquiries with regard to the right, title and interest of persons in the lands. It is apposite to quote the relevant passage in the said Judgment (para-21): A bare reading of scheme of the A.P. Survey and Boundaries Act, 1923 would make it clear that the survey made under the said Act is mainly intended for the purposes of identification of the lands and fixation of boundaries. There is no provision under the Act intending to make any detailed enquiries with regard to the right, title and interest of the persons in the lands. It is neither the object nor the scheme of the said Act. There is no presumption that every entry made in the TSLR shall be presumed to be true until contrary is proved as in the case of entries made in the record of rights under the provisions of A.P. Record of Rights in Land and Pattadar Passbooks Act, 1971. It is not a record of right. There is no such provision in the Andhra Pradesh Survey and Boundaries Act, 1923 (Emphasis added) The dispute raised in Hyde....
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.... be declared to be government land as has been recorded in Column 20 of TSLR. Apart from the said revenue record and issuance of gazette notification as mentioned hereinabove, no other material document was filed by the appellant to show that the said land belonged only to the Government. It is trite that entry in the revenue record alone may not be sufficient as conclusive proof of title nor can be relied on for proof of establishing the title as such. (Emphasis supplied) Conclusion on Point No. 3-II: 157. The above judicial pronouncements thus placed the controversy beyond any pale of doubt that the entry in the TSLR does not constitute conclusive proof of one's title. Re Point No. 4: 158. The issue under this point is no longer res integra. In Thummala Krishna Rao (supra), a serious dispute arose as to whether three plots of land were included in the acquisition notified by the Government of Nizam for establishment of Osmania University. The suit filed by the Osmania University against Nawab Habibuddin in the City Civil Court, Hyderabad for eviction was dismissed on the finding that plot No. III was not acquired by the Government and that though plot Nos....
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....nment and therefore it is in public interest to evict him expeditiously, which can only be done by resorting to the summary remedy provided by the Act. But Section 6(1) which confers the power of summary eviction on the Government limits that power to cases in which a person is in unauthorised occupation of a land "for which he is liable to pay assessment under Section 3". Section 3 in turn, refers to unauthorised occupation of any land "which is the property of Government". If there is a bona fide dispute regarding the title of the Government to any property, the Government cannot take a unilateral decision in its own favour that the property belongs to it and on the basis of such decision take recourse to the summary remedy provided by Section 6 for evicting, the person who is in possession of the property under a bona fide claim or title. In the instant case, there is unquestionably a genuine dispute between the State Government and the respondents as to whether the three plots of land were the subject-matter of acquisition proceeding taken by the then Government of Hyderabad and whether the Osmania University, for whose benefit the plots are alleged to have been acquired, had l....
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.... Bench of this Court in Special Deputy Collector, Land Eviction v. Konda Lakshman Bapuji 1984(1) APLJ 219. While referring to an earlier Judgment of this Court by O. Chinnappa Reddy., J (as his Lordship then was) in Meharunnisa Begum v. State of A.P. 1970(1) ALT 88 which was also considered in Tummala Krishna Rao (supra), the Division Bench observed that the petitioners before it were in possession nearly for 25 years prior to the issue of the impugned notices; that the occupation of the writ petitioners is open and for an appreciable length of time as observed by the Supreme Court and the petitioner can be taken prima facie to have a bonafide claim to the property requiring an impartial adjudication according to the established procedure of law; and that the Government cannot decide such questions unilaterally in its own favour and evict them summarily on the basis of such decision. The Division Bench also made the following significant observations: ...The land in possession of the writ petitioners is not a part of a public road, street, bridge or the bed of the sea and the like. Therefore we are clearly of the view that the proceedings under the A.P. Land Encroachment Act can....
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.... has rejected the petitioner's application for grant of pattadar passbooks and title deeds only on the ground that as per the adangals, the lands are shown as Government lands. 165. In W.P. No. 23599/2013, an extent of Ac. 37-30 cents in Sy. No. 384 of Badaganipalli village, Udaigiri Mandal, SPSR Nellore District was purchased by the petitioner from the same vendors as in W.P. No. 23595/2013. In this case also, respondent No. 3 has issued a certificate stating that the lands are recorded in the name of Byreddy Cheera Reddy and others. The petitioner has filed a similar certificate issued by respondent No. 3 showing that the lands were recorded in the name of Byreddy Cheera Reddy and others in the Diglot. The grievance of the petitioner is that respondent No. 3 has issued the impugned endorsement dated 3-8-2013 refusing to issue pattadar passbooks and title deeds on the same ground as in W.P. No. 23595/2013. 166. The facts in W.P. No. 23615/2013 are also identical except that the survey numbers and the extents of the land purchased by the petitioner herein vary. The petitioner has filed copies of RSR. Based on the entries in the RSR, respondent No. 3 has issued a certifica....
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....al force and are hence liable to be ignored. W.P. Nos. 25333/2013 and 25356 of 2013: 168-A. From the facts of these cases already noted, it could be seen that it is an admitted fact that registered sale transactions have taken place in respect of these lands from the year 1934 as admitted in the counter-affidavits of the Tahsildar, Gorantla Mandal, Anantapur District. It is also admitted that 10(1) Account incorporated the names of the petitioners. It is however stated that the said entries were made without the certification of any officers. It is also admitted that these lands were included in the declarations made by the petitioners' vendors under the 1973 Act whereunder these lands were treated as private lands by the Land Reforms Tribunal. Further, in respect of these lands, pattadar passbooks and title deeds have been issued. The only ground on which these lands were treated as Government lands is that the RSR has shown that they are Government lands. The respondents have not filed a copy of the RSR. It is not known whether the RSR contains the names of pattadars or the pattadar column is kept blank or it contains 'dots'. Following the findings rendered on P....
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....LA) to the Collector, Krishna District, for rectification of the facts and submission of a report, the Collector has relied upon the Fair Adangal prepared in the year 1968 describing the land as 'smasanam'. On the report submitted by the CCLA, the Government has rejected the petitioners' claim for conversion of land from 'burial ground' to 'AWD' In essence, the respondents sought to treat the entries in the TSLR and the Fair Adangal as conclusive proof of the nature of the land. This, in my opinion, is a highly unsound approach. No entry in the revenue or survey record can be treated as conclusive proof if circumstances exist which render such entries as unrealistic and contrary to the ground realities. There is no dispute about the fact that the land was a part of Machavaram village estate and even before the estates were abolished, the same was merged in the then Vijayawada Municipality in the year 1943. As per the report of the Assistant Director, Survey and Land Records, the settlement records under the Estates/Inams Abolition Acts are not available for examination. No documents have been discussed based on which the entry in the Fair Adangal describ....
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....vate property and the same does not belong to the Government, Such a presumption can be displaced by the Government only in a properly constituted civil proceeding. On these undisputed facts of the case, the ratio in the Judgment of the Supreme Court in Tummala Krishna Rao (supra) squarely applies. The respondents cannot therefore resort to summary proceedings of eviction under the provisions of the 1905 Act as there is a bona fide dispute relating to ownership of the land. Following the dicta laid down in Tummala Krishna Rao (supra) and the finding rendered by this Court on Point No. 4, the only option left with the respondents is to file a civil suit. The impugned proceedings are therefore liable to be quashed with liberty to the respondents to approach the competent Civil Court. W.P. No. 27589/2013: 172. From the uncontroverted facts recorded in the earlier part of the Judgment, it is evident that the only ground on which eviction proceedings under the 1905 Act have been issued is that the land is recorded as 'G-Abadi' in the TSLR. The respondents have not denied the genesis of the petitioners' title. There are as many as four registered sale transactions comme....
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....and. The fact that the petitioner was allowed to purchase the land under three registered sale deeds in the year 1985 and sell a part of the land under a separate registered sale deed later to a third party would show that despite the entry in the TSLR, the Government functionaries have treated the land as 'private land'. In the face of these undisputed facts and having allowed the petitioner to sell 1124 sq. yards of land, the respondent cannot raise an objection for registration of the balance property solely based on the entry in the TSLR. If the subject-property was included in the prohibitolry list under Section 22-A of the 1908 Act based on such an entry in the TSLR, such inclusion cannot be legally sustained. Accordingly, respondent No. 5 is directed to ignore the prohibitory list to the extent of the subject property and entertain the sale deed that may be presented by the petitioner for registration. However, respondent Nos. 1 to 3 are left with the liberty of filing a civil suit for declaration that the property is vested in the Government. W.P. No. 23447/2013: 175. Except the TSLR entry, no other document is relied upon by the respondents on the basis of wh....
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....he same, take appropriate decision and communicate the same to the petitioner within one month from the date of the petitioner producing the material. W.P. No. 25387/2013: 178. In this case, initially proceedings under the 1977 Act were initiated. On the petitioner approaching this Court by filing W.P. No. 26061/2011 to direct respondent No. 3 to consider his explanation submitted to notice dated 2-9-2011 issued in Form-1 under the 2007 Rules framed under the 1977 Act 1977, respondent No. 3-Tahsildar has taken up the enquiry, wherein he was reconciled to the reality that the subject lands were not assigned lands. Therefore, while dropping the said proceedings, respondent No. 3, however, strangely went to the extent of declaring that the lands in question belong to the Government. 179. The impugned order is liable to be set aside for two reasons. Firstly, on the finding that lands are not assigned lands, respondent No. 3 has lost jurisdiction to continue the proceedings. It was incumbent upon respondent No. 3 to close the proceedings initiated under the 1977 Act. Instead of doing so, he has acted beyond his jurisdiction in declaring the lands as belonging to the Government.....
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....27, 26106, 27589 of 2013, 15438 and 31582 of 2012 are allowed as prayed for and W.P. Nos. 23447, 25387 and 25993 of 2013 are disposed of. As a sequel to the disposal of the Writ Petitions, WPMP Nos. 29000, 29004, 29020, 31249, 31286, 31756, 32237, 36804, 34216 of 2013; 19886, 21320, 40274 of 2012; 28808, 31325 and 32114 of 2013 filed in the respective Writ Petitions for interim relief are disposed of as infructuous. ADDENDUM Summation of conclusions on Point Nos. 1 to 4 (1) A patta granted under BSO-27 confers absolute title. (2) An assignment made under BSO-15 prior to 18-6-1954 in Andhra Area and a patta granted under Laoni Rules before 25-7-1958 in Telangana Area confer absolute title 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. (3) In case of Laoni pattas granted on collection of market value, the pattadar is entitled to sell the land without any restrictions. (4) In respect of estate and inam lands, ryotwari pattas/occupancy righ....
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....Dots or blank in pattadar column does not necessarily mean that the land is vested in or it belongs to the Government. Despite such blanks or dots, a private person can claim ownership based on entries in 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. (13) The entries in TSLR do not constitute conclusive proof of title. (14) Where there is a bonafide dispute regarding title of a person in possession of the lands other than public roads, streets, bridges or the bed of the sea or the like, summary proceedings under the 1905 Act cannot be initiated. In all such cases, the Government which claims title shall approach the competent Civil Court for declaration of its title. ============= Document 1 1. Pahani patrik 2. Choufasla 3. Faisalpatti .. Register No.3 " Register No.4 Register Nos.5, 6 & 7 4. Qabile Wasool .. Register No.8 5. Jamabandi Goshwara " Register No.9 6. Araziyath Sarkari 7. Araziyath-e- I....