The A P Land Revenue Act |
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*THE ANDHRA PRADESH (TELANGANA AREA)
LAND REVENUE ACT, 1317 F.
(Act No. VIII of 1317 Fasli)
Preamble:— Whereas it is
expedient to amend and consolidate the orders and regulations relating
to land revenue; it is hereby enacted as follows:—
CHAPTER I Preliminary
1. Short title and commencement:—
(1) This Act may be called 1 [the Andhra Pradesh (Telangana Area) Land
Revenue Act, 1317 F. ] and it shall
come into force from its 1 st Azur,
1318 Fasli.
2[(l-a)
It shall extend to the whole of the 3[Telangana area of the
State of
(2) Previous rales and orders:—
Rules and orders in force before the
commencement of this Act, provided
they are not repugnant to the
provisions contained in this Act,
shall remain in force until rules
relating to such matters are made
under this Act.
CASE
LAW
Sections 1,2, 171 -Does not apply to Jagirs - Grant of
patta in 1340 F. in Jagir land - Not valid. Loani Rules, 1347F. and Rules
relating to grant of pattadari rights in Non-khalsa villages -
Applicability. State of
2[1-A. Effect of Regulations LX & LXIX
of 1358 Fasli and Act XXI of 1950 on this Act:—
With effect from the commencement of the Andhra Pradesh (Telangana Area) Board of
Revenue Regulation, 1358-F.) 1[the
A.P. (Telangana Area) (Abolition of Jagirs) Regulation 1358
F.) and 1[the Andhra Pradesh (Telangana Area) Tenancy
and Agricultural Lands Act, 1950 (Act XXI of 1950) Regulation
LXI of 1358 F. Regulation, LXIX of 1358 F. Act XXI of 1950 respectively, the
provisions of this Act are subject to the provisions of the said Regulation
and Act.]
2. Definitions:—
In this Act unless there is anything repugnant
in the subject or context,—
4[(1) 'Revenue
Officer' means every officer of any rank whatsoever
appointed under any provision of this Act] or of 5[the Andhra
Pradesh (Telangana Area) Record of Rights in Land Regulation,
1358 F.] (Regulation LXIII of 1358 F.) and appointed for carrying on
the land revenue administration or who discharges the function
relating to survey, assessment and preparation of accounts and
records;
-
- -
*. Received the assent of the Madar-ul-Moham on 21st
Meher 1317-F.
1.
Subs. for the original Short title by A.P. Act
IX of 1961.
2. Ins.
by the A.P.A.O. 1957.
3. Subs.
for the words "
4. Amended by Act III of
1355-F.
5.
Subs. for the origional short title by A.P.
Act IX of 1961.
- - -
|
(1-a) (1-b) |
'Survey
Officer means an officer appointed under Section 12 of this
Act;
'land'
includes all kinds of benefits pertaining to land or things attached to the earth, or
permanently fastened to things attached to
the earth and also includes shares in, or charges on, the revenue or
rent which are or may be levied on villages, or other defined areas;]
|
(2) (3)
(4) (5) |
3number'
means a portion of land the area and other particulars of
which are separately entered with a number in the village records
and shall include Tote-number', if any, in a number.
'Pote
number' means the portion of a 'number' separately assessed and
entered in a register.
'residential
site' means the land set apart for the purposed of construction
a house whether a house be constructed thereon or not and also
includes the court-yard or ground enclosed by or appurtenant to a
house.
'boundary
marks' means the marks made of earth, stone or any
other
material, and also a fence, or embankment or any other
object,
whether natural or artificial, set up, named or fixed by
any
competent officer, in order to determine the boundary and
also
include the boundary marks fixed before 1374 F.
|
l[(6) (7)
(8) |
'to
hold land' or 'to be a land holder' of land means to be lawfully
in
possession of land whether such possession is actual or not.]
'holding'
means a portion of land held by a holder.
'Superior
holder' means a land holder entitled to receive rent or
land
revenue from other land-holders (hereinafter called 'inferior
holders')
whether he is accountable or not for such rent or land
|
(8-a)
(8-b) (8-c) |
revenue,
or any part thereof to Government;
'occupation'
means possession;
'to occupy
land means to possess or to take possession of land;
'occupant
means a holder in actual possession of unalienated
land
other than an asami shikmi; provided that where the holder
in
actual possession is an asami shikmi, the superior holder
shall
be deemed to be the occupant;
|
6(8-d) 2[(9) 2[9-a) (10) |
'occupancy'
means a portion of land held by an occupant:
'Inam
land' means the land exempted wholly or in part from payment
of land revenue and includes 'Muqta' and 'Agrahar' land: 3[(11)
'Pattadar' means the person who is directly responsible to the Government
for payment of land revenue and whose name has
- - -
1.
Subs. by Regulation No. LVIII of 1358-F.
2.
Cls. (9) and (9-A) were omitted by the
A.P.A.O. 1957.
3.
Subs. by clause (11) of ibid.
- - -
been
entered as such in Government records whether he be personally in possession
of the holding or through his Shikmidar;] (12)
Shikmidar' means the person who like Pattadar possesses a title to the
land or who from the beginning has been jointly in possession of the land with
the Pattadar or who, before the commencement of this Act, has acquired by
virtue of any regulation in force, or may acquire by virtue of that law the
right of a Shikmidar. 1[(13) 'osarnishikmi' means a lessee, whether
holding under an instrument or under
an oral agreement, and incudes a mortgagee of an asami shikmi's rights with possession, but does not
include a lessee holding directly under Government;
(14)
'village' includes a town or city
and all the land belonging to a village,
town or city;
(15)
'village officer; means
the Patel and Patwari of a village;
2[(16)
'rent means the consideration in money or kind or partly in money and
partly in kind paid or payable by a Shikmidar to his Pattadar or
by an Asami Shikmi to the holder of the land on account of the use
or occupation of the land held by him as Shikmidar or Asami Shikmi
but shall not include the rendering of any personal service]; 3[(
17)' revenue' means the amount payable by the holder to the Government
at fixed periods for use
of or entry into the land];
4[(18) 'chauadi' includes in any village, in
which there is no chavadi, such place as the 5[Collector] may
direct shall be deemed to be the chavadi for the purposes of this Act.
CASE
LAW
Sec.2(15)
- Gumastha Patwari is Village Officer within Sec. 2(15) and he is a public servantwithin Sec. 21(10) of Penal Code. Y. GopalReddy
vs. State of
6CHAPTER
II Appointment and Powers of Revenue Officers
3. Chief Controlling Authority in
matters relating to land
revenue:—
(1) The Chief Controlling Authority in all matters
relating to land revenue shall be the 7[Board of
Revenue constituted under 8[the Andhra Pradesh
(Telangana Area) Board of Revenue Regulation, 1358 F). (Regulation LX of 1358 F.)
(hereinafter in this Act referred to as the
Board of Revenue),] subject to the Government in the Revenue Department. 9[(2) * * *]
---
- - -
1.
Subs. by Regulation LV1I of 1359-F.
2.
Amended
by Act 1 of 1354-F.
3.
Subs.
for Clause (17) by the A.P.A.O. 1959.
4.
Subs.
by Regulation LVIII of 1358-F.
5.
Subs.
for the word Taluqdar' by the A.P.A.O. 1957.
6.
Amended
by Act III of 1355-F.
7.
Subs
for the word 'Subedar' by the A.P.A.O. 1957.
8.
Subs.
for the original short title by A.P. Act lX of 1961.
9.
Sub-sec.
(2) was omitted by the A.P.A.O. 1957.
---
1[4. * *
* ] 2[5. *
* * ]
6. Appointment of 3[Collector]:—
The Government shall appoint in each district a 3[Collector]
who shall be subordinate to the 4 [Board of
Revenue] and shall exercise all the powers and discharge the duties conferred
or imposed on a 3[Collector] under this Act, or any other law
for the time being in force, and in all matters not specially provided for
by law shall act according to the instructions of the Government.
The Government may, if necessary, appoint in any district 5[Additional
Collector] who shall discharge such duties
of a 3[Collector] as may, from time to time, be determined by the Government.
6[6-A. Additional Collector or Additional 3[Taluqdar]
to have had always the same powers and duties as the Collector
or 3[Taluqdar]:—
Subject to any special orders of Government
in force at the relevant time—
(a)
An Additional Collector shall have and shall
be deemed always
to have the powers and duties of a Collector; and
(b)
An Additional 3[Taluqdar] shall be
deemed always to have had
the powers and duties of 3 [Taluqdar] within their respective
districts, whether under this Act or under any other law for the
time being in force read with 7[the Andhra Pradesh (Telangana
Area) District Officers (Charge of Designation and Construction
of References) Act, 1950 Act XXXV of 1950]
7. Appointment of 8[Deputy
or Assistant Collector]:—
(1)
The Government may appoint in each district so
many 8[Deputy
or Assistant Collectors], as it may deem expedient, and they may
be called Additional8 [Deputy or Assistant Collector] or
Divisional
officer or by any other name, as may be specified in the order of
appointment. All the 8[Deputy
or Assistant Collectors] and all
other officers, employed in the revenue administration of the
district shall be subordinate to the 3[Collector.]
(2)
Duties and powers of 8[Deputy
or Assistant Collector]:—
Subject to the general orders of the Government a 3[Collector]
may, for the purpose of revenue administration, place one or
---
1.
Section 4 was omitted by A.P.A.O. 1957.
2.
Section 5 repealed by A.P. District (Formation) Act 7 of 1974.
3.
Subs. for the word 'Taluqdar" by the
A.P.A.O. 1957.
4.
Subs.
for the words "Subedrari-i-Muttalliqa" (concerned Subedar) by ibid.
5.
Subs. for the words "Zaid Taluqdar" (Additional
Collector) by ibid.
6.
Subs. by Act No. IX of 1952.
7.
Subs. for the origional short title by A.P.
Act IX of 1961.
8.
Subs. for the words "Duwam
Taluqdars" (second Collector) by ibid.
---
more of the taluqs in his district in the charge of any 1[Deputy
or
Assistant Collector], or may himself retain charge thereof. Any
1[Deputy
or Assistant Collector] so made in charge of any taluq shall
perform all the duties and exercise all the powers
imposed or
conferred
upon a 1[Deputy or Assistant Collector] by virtue of
this Act or perform and exercise such of the duties and powers
of a 2[Collector] as have been imposed or conferred
on a 2[Collector] under this Act or under any other law for the
time being in force and as may be assigned to him by the 2[Collector]
or by a special or general order of the Government.
Provided that the 2[Collector] may,
whenever he may deem fit, direct any such 1[Deputy
or Assistant Collector] not to perform or exercise certain duties
or powers, and may reserve the same to himself or assign them to any other
subordinate1[Deputy or Assistant Collector.]
(3) To such ' [Deputy or Assistant
Collectors] as it may not be possible or expedient to place in charge of a taluqa2[Collector]
shall, in pursuance of the general or special order of the
Government, assign such of his special duties and powers as may, from time to
time, appear fit.
CASE
LAW
Jurisdiction
of Deputy Collector to order eviction - Basis of. Absence of objection in lower
court - Effect. Rachappa vs. Chander, 1958 (2) An.W.R. 660.
8. 1 [Deputy or Assistant Collector] to hold charge of that office in
absence of 2[Collector] until person is appointed or
2[Collector] resumes charge:—
(1)
If the 2[Collectorj is not able to perform his services, or for any
reason vacates his office or leaves his district, or dies, the
senior most 1 [Deputy or Assistant Collector] of the
District who may be present in the district, shall temporarily hold charge of the office, and for
the purposes of this Act shall be deemed to
be a 2[Collector] until the 2[Collectorj resumes charge
or until the Government appoints his successor and such successor takes
charges of his appointment. An officer whose
principle functions are different from those of a [Deputy or Assistant
Collector] and who is appointed 1[Deputy
or Assistant Collector] for special
purposes only, shall not be deemed to be
1 [Deputy or Assistant Collector] for the purposes
of this section. 4[9. 3[TahsildarJ, his
appointment, duties and powers:—
(1) The Revenue officer entrusted with the revenue administration of a taluqa shall be called a Tahsikiar' and he
shall be subordinate to the 2[CoIlectorj
and the 1[Deputy or Assistant Collectors concerned. He shall be appointed by the
Government or by an officer
authorised by the Government in this behalf by notification in the 5[Official Gazette]. His duties
and powers shall be such as may
be expressly imposed or conferred by this Act or by any
--
1. Subs. for the words "Duwam Taluqdars" (Second Collector) by
A.P.A.O. 1957.
2. Subs. for the word Taluqedar" by ibid.
3.
Subs. for the word Taiuqdar" ibid.
4.
Subs. by Regulation of 135G-F.
5. Subs. for the word
"jarida" by ibid.
---
other
law for the time being in force, or as may be imposed upon or
delegated to him by the 1 [Collector]
under the general or special order of the Government: The
Government may, if necessary, appoint more than one Tahsildar.
(2) The Government may appoint one or more
officers to be designated as Naib Tahsildar, to assist the Tahsildar in
the revenue administration of his taluqa, and may by general or
special order confer upon the Naib Tahsildars generally or any
specified Naib Tahsildar all or any of the powers of a
Tahsildar under this Act or any other law for the time being in force.]
10. Tahsildar
may depute subordinates to perform certain of his
services:—
A Tahsildar may, subject to such general
orders as may from time to time be passed by the2 [Board of
Revenue] or the 1[Collector], depute any of
his subordinates to perform any portion of his ministerial or executive duties:
Provided that all acts and orders of the
subordinates so appointed shall be subject to modification and
confirmation by the Tahsildar.
11. Temporary arrangement of office of Tahsildar:—
If a Tahsildar is not able to perform his
service or for any reason vacates his office, or leaves his taluqa, or
dies, the Peshkar or the superior clerk on the establishment shall temporarily hold charge
of the office and shall be deemed to be the
Tahsildar of that taluqa until the Tahsildar resumes charge of the
taluqa or until such time as a successor is
appointed by order of competent authority and takes charge of the office.
12. Survey officers,
their duties and powers:—
For the purposes of Chapters VII and VIII of
this Act, the Government may appoint such officers as may be from
time to time appear necessary. Such officers shall be designated
"Commissioner of Survey Settlement", "Commissioner of Land Records",
"Assistant Commissioner of Survey Settlement",
"Assistant Commissioner of Land Records" or otherwise as may appear requisite, and they shall be subordinate
to one another in such order as
Government may fix.
Subject to the orders of the Government all
matters, connected with survey and settlement, shall relate to the officers so appointed
and they shall exercise and perform all
such powers duties as have been fixed by this Act or any other law for the time being in force.
13. Combination of offices:—
The government may appoint one and the same person, being
otherwise competent according to law, to any two or more of the offices
provided for
in this Chapter or to confer upon an officer of one class all
---
1.
Subs. for the word "Tahsildar" by A.P.A.O. 1957.
2.
Subs. for the word "Subedar" by
ibid.
---
or any of the powers or duties of any other officer or
officers within any
particular areas or otherwise as may appear expedient.
14. Appointment of officers to be notified:—
The appointment of all officers mentioned in
Sections 3 to 9, 12 and 13 shall be notified in the manner as may
be prescribed by the Government.
15. Power of appointment of establishment:—
Subject to the rules made in this behalf under
Section 172, the Government shall regulate the power of
appointment of all members of establishment vested in 1[Board
of Revenue], 2[Collector], Commissioner of
Survey Settlement and Commissioner of Land Records in their respective
departments. The Government shall also determine, inter alia
the powers which the said officers may delegate to their
subordinate officers.
Provided that the aforesaid officers shall
always have a right of modification and revision in respect of
appointments made by their such subordinate officer.
16. Power of 2[Collector]
to transfer cases:—
A2[Collector]may, after recording
reasons, transfer any case from his own or from that of any of his subordinate
departments to any other department or from that of his subordinate
department to his own department.)
CHAPTER
III
3lOmitted]
CHAPTER
IV
Land
and Land Revenue
24.
All lands etc., are property of 4[Government]:—
All public roads, lanes, paths, bridges,
ditches, dikes, rivers, streams, tanks, ponds, canals, lakes, and flowing water
and all lands, wherever situated, together with all rights
appertaining thereto are the property of the Government excepting:—
(a)
those belonging to persons or class legally
capable of holding
property and to the extent so far as their such rights are
established;
(b)
those in respect of which any other order
under any law may
have been given.
It shall be lawful for the 2 [Collector] or
other officer appointed by the 4[Government] for this purpose subject to
rules sanctioned by the Government and contained in notification and
the order of the '[Board
---
1.
Subs. for the word "Subedar" by the
A.P.A.O. 1957.
2.
Subs.
for the word 'Tahsildar' by ibid.
3.
Chapter III, omitted by Act No. XLIV of
1952.
4.
Amended by Act No. III of 1308-F.
---
of
Revenue], to dispose of them in his discretion; but the right of way or other
right legally vesting in any person or the public shall subsist. 25.
Assigning of land for special purposes to be lawful:—
When a village is under settlement, the 1[Commissioner
of Survey Settlement or the Commissioner of Land Records] in that
Village and in other cases with the sanction of the 2[Board
of Revenue], the 3[Collector] may, subject to the orders of the 4[Government]
set apart any Khalsa land not in the lawful occupation of any person or class
for pasturage of cattle or for grass reserves or for other Government
purposes or for the purposes of public benefit; provided that it
does not interfere with any right of any person or class. The land so set apart shall not be
otherwise appropriated without the order of
the 2[Board of Revenue.]
26. Animals which shall graze on land set apart for free
pasturage
of animals:—
The right of grazing on land set apart for free
pasturage of animals
shall
confine only to the animals of the village within the limits of which
the land is situate and for which it has been set apart.
If there is a dispute as to such right the decision of the 1[Collector] in
respect
thereof shall be conclusive.
27. Cases in which there shall be right to
carry earth, stones, etc., from river, stream or bed of tank:—
There shall be the right in the following
cases, without obtaining the permission and without payment of tax to carry
from a river, stream or bed of a tank and also from land which has
not been assessed or not been part for any special purpose, earth, stone,
gravel, sand, morrum inasmuch as has not been reserved by any order of the 4[Government]:-
(a)
For any person for his private purpose in
the village of residence
and for agricultural need in the village where he has residence
or cultivation.
(b)
For a potter or brick-maker or tile-maker or
for the person who
makes use of any of the aforesaid articles in his professional
work at the
place where he carries on the work of his profession
but where trade in any of these articles is
carried on a big scale
at any place and on account of digging of earth therefor, there is
risk of destruction and of becoming useless
of any building or
cultivation or arising of difficulties in the ordinary requirements
of villages or endangering public health, the
Tahsildar shall for
that purpose select and assign some
plots and notify the same
and no person among them shall be authorised to dig earth at
any place other than the said plots.
---
1.
Subs. by Act No.III of
1355-F.
2. Subs.
for the word 'Subedar' by A.P.A.O. 1957.
3.
Subs.
for the word Taluqdar' by the A.P.A.O. 1957.
4.
Amended
by Act No. III of 1308-F.
---
(c) The aforesaid articles may, with the permission of 1[Collector] also be taken for Government purposes of the Public Works Department, 2[Local Administration] or
other departments or for purposes of public benefit, from the land on
which revenue has been fixed but is not held
by any person and is not set apart for any
special purpose.
Explanation:—
Digging within five yards close to a building shall not be
lawful.
28. Trees Irsali or Ghairi on land held by Pattadar:—
The Pattadar shall have full right over 'Irsali'
'Ghairi' trees within the limits of land held by a pattadar, so long as
he remains the pattadar of that land, as also over the trees which may,
after obtaining the patta have grown up naturally or have been planted or have cropped up
from the roots of trees cut by the Forest
Department. But the trees over which the
3[Government] may have retained its proprietary right by
notification shall be excluded from
the ownership of the pattadar.
29. Right of pattadar to trees planted on occupied
land prior to his
occupation:—
Trees Irsali or Ghairi in land in the
occupation of pattadar which may have been planted by the pattadar or by the
persons of whom the present pattadar is a successor: on the ownership or
which may have been acquired by the pattadar or his predecessors
by other lawful means, shall belong to the present Pattadar and remain at his
disposal by all means and the Government shall have no right
of any kind thereto; but the Pattadar shall have full rights over such
trees as have not been planted by the Pattadars or by his ancestors or by a
former Pattadar whose successor he is and to which the right
of the 3[Government] may be subsisting, if they have not been felled
by the Forest Department or sold by fixing the price to the present pattadar
under rules made by the 3[Government] by notification.
30. Trees outside occupied tracts or in bed of rivers,
streams,
etc.:—
All trees being outside the occupied tracts
or in river, stream or on road or in the bed of tank and pond or on the
bund shall be deemed to be the property of the 3[Government].
31.
In the taluqas in which boundaries of existing forest
have been demarcated by the Forest Department, the 4[* *
*] 1[Collector] may, if he deems fit to be let
out for cultivation such land as are excluded from the boundaries fixed, sell the trees therein at a reasonable price and
let out the land for cultivation and credit the sale-proceeds of the
timber to
- - -
1.
Subs. for the word 'Taluqdar'by the A.P.A.O.
1957.
2.
Subs. for the words "Local Fund" by
ibid.
3.
Amended by Act No. III of 1308-F.
4.
Omitted by Act No. II of 1355-F.
- - -
the
Forest Department; but in case the valuable Irsali timber therein be in
abundance an intimation in writing for sale of timber shall be given to the 1[District
Forest Officer]. It shall be incumbent on the Forest Department either to fell
or sell the trees within one year from the date of receipt of the
intimation, otherwise the 2[Collector] on the expiry of the said
period may, at his own instance, sell and credit the amount to the Forest
Department, and in case it is not deemed fit to fell such trees, they may
be preserved and including the land on which those trees lie patta of
the remaining land may be given.
32. Letting out for cultivation unoccupied
land containing valuable trees situate in taluqa where forest
boundaries have not been demarcated:—
If the3[* * * ]2[Collector]
in taluqas where reserved forest has not been demarcated, deems fit to let out for
cultivation the unoccupied land beyond the proposed boundaries containing
forest or valuable trees he shall consult the Forest Department and, if
with the concurrence of competent officer of the Forest Department
occupation of such land is given to any person the provisions of the preceding
section shall apply thereto.
33= Fresh patta within reserved forest to be
given in consultation with Conservator of Forests:—
Unless land is set apart demarcated for
cultivation within the limits or reserved forest no fresh patta shall be
given without consulting the 4[Chief Conservator of
5[34. Proprietary rights
over toddy and sendhi trees and the rights to
plant such trees:—
(1)
Sub] ect to the provisions of this Section and
Section 2 5 all toddy
and sendhi trees standing for the time being within the limits of
the land legally occupied by a pattadar, shikmidar or any other
person in possession (hereinafter referred to in this section as
owner) whether grown by such person or not, shall be deemed
to be the property of the owner. Such owner shall not however
be entitled to plant toddy and sendhi trees within the limits of
such land without obtaining the permission of the Government.
(2)
The owner shall not be entitled to tap the
trees referred to in sub
section (1) or get them tapped by any person other than a person
authorised by the Government. An owner, who permits the trees
to be tapped by a person authorised by the Government, shall
be entitled to charge such person for each tree not more than 25
- - -
1.
Subs. for the words "Madadgar Nizam
janglath" (Assistant Conservator of Forests)
by the A.P.A.O. 1957.
2.
Subs. for the word "Taluqdar" by
ibid.
3.
Omitted
by Act No. III of 1355-F.
4.
Subs. for the words "Nizam
Janglath" (conservator of forests) by the A.P.A.O. 1957.
5.
Subs. by Hyd. Act No. IX of 1956.
- - -
per
cent of the tree-tax payable for the tree to the Government in
accordance with the laws and rules for the time being in force.
(3)
Nothing contained in this Section shall be
deemed to exempt the
juice of such trees from any excise duty that may be leviable
thereon under any law for the time being in force.
(4)
(i) An owner who is unwilling to get his trees
tapped, shall before
the
end of April every year intimate his unwillingness in writing,
to the Excise Superintendent concerned. In case of failure
to give such intimation, he shall not cut down his trees during
a period of seventeen months following the said month of
April.
(ii)
Any owner who cuts down his trees in contravention of provisions
of clause (i) shall be liable for each tree so cut to a penalty equal to double
the amount of abkari tree-tax in force at the time of contravention. Such penalty
may be imposed by the Collector or any other officer
empowered by the Government in this behalf.] 1[35.
Proprietary rights of Government over toddy, sendhi and
gulmohwa
trees:—
Notwithstanding anything contained in Sections
34 and 38 with effect from the date of the coming into force
of the Hyderabad Land Revenue (Amendment) Act, 1956 (XXXII of
1956), all the toddy, sendhi and gulmohwa trees standing within the limits
of any land that may be given on patta on or after the date, shall belong to
the Government and the pattadar, Shikmidar or any other person in possession shall
not be entitled to plant such trees within
the limits of such lands without obtaining the permission of the
Government. 36. 2[Omitted] 37. Rules relating to lopping of Sendhi and toddy and
tapping trees
to apply to trees belonging to 3[Government]:—
Rules and orders relating to the 4[* * *]
lopping of sendhi and toddy trees which are now in force or may hereafter
be enforced by the 3 [Government] by notification shall apply to
trees belonging to the 3 [Government] only.
Lopping of trees belonging to Pattadar and
use of leaves, fruits and wood shall be exempted from such restrictions
and orders. 5[37-A. Duty of Pattadar or tenant to
report illegal tapping of toddy
and
sendhi trees:—
(1) The pattadar, tenant or other person, in
actual possession of land on which any toddy or sendhi tree stands
must report in
- - -
1.
Subs. by Hyd. Act IX of 1956.
2.
Omitted by Act XXXVII of 1950.
3.
Amended by Act III of 1308-F.
4.
Omitted by Act III of 1343-F.
5.
Subs. by Act XLIV of 1952.
- - -
writing
or in case where he does not know writing, orally to the Patel
or Patwari of the village any case of tapping of such trees as soon as possible
after he becomes aware of such tapping and on receipt of the
information by Patel or Patwari, as the case may be, he must issue
written acknowledgment thereof to the reporter, and in case of illegal tapping he
must report the same to the Abkari authorities conce ied.
(2) Any contravention of sub-section (1)
shall be punishable with fine which may extend to the amount of the
tree tax payable, in respect of the tree illegally tapped, in accordance with
the laws and
rules for the time being in force.]
38. Proprietary right over Gialmohwa
trees and the rights to plant such trees:—
1[(1) Subject to the provision of this Section
and Section 35, all gulmohwa trees standing for the time being within the
limits of the land legally occupied by a pattadar, shikmidar or any other person
in possession (hereinafter referred to in this section as owner) whether grown
by such person or not, shall be deemed to be the property of the owner. Such owner
shall not however, be entitled to plant gulmohwa trees within
the limits of such land without obtaining the permission of the
Government.
(2)
The pattadar shall not be entitled to ferment
any Gulmohwa
grown on such land or to sell such Gulmohwa to any person
other than a person authorised by Government. 2[If the
Pattadar
sells such Gulmohwa to a person so authorised the Pattadar
shall not be entitled to charge such person more than 25 per cent
of the amount payable to such person by the Government in
accordance with the laws and rules of the time being in force
relating to supply of Gulmohwa to Government.]
(3)
Nothing contained in this section shall be
deemed to exempt any
Gulmohwa grown on such land from any excise duty leviable
thereon under any law for the time being in force.
3[(4) Any owner who is desirous of grazing his
cattle within the limits of such lands shall inform the Excise
Commissioner of his intention, in writing, in the form prescribed
and within the period notified by the Excise Commissioner.
Failure on the part of an owner to give such information shall
mean that he is willing to have the Gulmohwa on the said
lands collected by the person authorised by the Government in this
behalf. Such owner, shall not, however, be entitled to store Gulmohwa exceeding
five seers.
- -
- -
1.
Subs. for sub-section (1) by Act No. XXXII
of 1956.
2.
Added by Act No. XIV of 1954.
3.
Inserted by Act No. XXXII of 1956.
- - -
(5) Any owner who stores Gulmohwa in contravention of the provisions
of sub-section (4) shall be liable to a penalty not exceeding
Rs. 200, such penalty may be imposed by the Collector or
any other Officer empowered by the Government in this behalf.
1[39.
Right to fruit bearing trees in occupied land:—
Fruit bearing trees standing for the time
being within the limits of the land legally occupied by a Pattadar, whether
grown by the Pattadar, or not, shall be deemed to be the property of the Pattadar and the Pattadar
shall be fully entitled to the use of such
trees.
40.
2[Omitted]
41.
Procedure
where land is in occupation of one person and
another person has right on trees:—
If the right or possession of another over
existing trees in any holding is recognised it shall subsist, but in future
whenever the holder of the land tenders a compromise or dies heirless or
absconds, the Patta of such land may be made in the name of the
owner of the trees and in case he refuses to take Patta his right to the
trees shall cease.
42. Procedure for trees planted in unoccupied land by
any person
and retained in his possession:—
If in an unoccupied land there are trees
planted by any person and they are in possession of the planter the
Patta of such land may be made in his name but if he refuses to have the
Patta made in his name his right to such trees shall cease.
43. If in event of pattadar absconding or dying or
tender in
compromise, right of any other person
to land is not recognised,
trees to be property of Government:—
If any Pattadar absconds or dies or tenders
compromise and in case the rights of the Pattadar or his heirs or
Asami Shikmis are regards restoration of land have not been recognised the trees standing on
such land shall be deemed to be the property
of the 3[Government].
44. Land maybe let out free of assessment for planting
shady trees
for public benefit:—
If any person plants by the side of the road
or close to it or around an inn or such wakf buildings where travellers
put up or at places which are camps for travellers or troops, shady
trees, whether fruit bearing or not so that travellers may have amenities
under their shade, land may be given by the 3[Government]
free of assessment of planting such trees.
45. Conditions on which land for raising groves may be
given:—
If any person desires for his own benefit to
arise in the land laying barren or waste outside the reserved forests
for more than ten years, and
-
- -
1.
Subs. by Act No. XXXVII of 1950.
2.
Omitted by ibid.
3.
Amended by Act No. III of 1308-F.
- - -
does not contain any valuable forest trees, a mongo grove, tamarind grove, babul or grove of
any other kind of trees as may in some manner be
deemed to be of public benefit as well, such land may be obtained by the order of the 1[
* * * ] 2[Collector], free of assessment for twenty years and after twenty years it shall be assessed at the
dry rate, provided that the
Government water is not taken; but if the Government water is taken "dastband" shall be paid.
The
applicant shall plant annually trees in at least one-fifth portion of
the land so that the trees may be planted in the entitled land within
five years. If the trees in sufficient number with regard
to their kind are
not planted within five years in the whole land that
portion of land in
which
trees have been planted shall, remain free of assessment and the rest shall be
assessed from the sixth year; cultivation between the trees
shall not be prohibited.
46. Procedure where
pattadar is feeling
trees belonging to
3[Government]:—
A
Pattadar shall not fell fruit-bearing trees or timber, Irsali, and
Ghairi which have been declared to be belonging to the 3[Government].
If a
person without the permission of an authority, cuts any tree or its roots
or appropriates it to his own use of carries it away, the price thereof together
with a penalty which may extend to double the price of the tree, shall
be recovered from him as a revenue demand. 4[46-A.
Restrictions on felling of sendhi, toddy and gulmohwa trees and
fruit-bearing trees:—
(1)
Notwithstanding anything contained in 5[Sections
34, 38 and
39] the Government may by notification in the 6[Official
Gazette]
prohibit or regulate the felling of sendhi, toddy and Gulmohwa
trees 5[and fruit-bearing trees of any specified kind] in such
area
and subject to such conditions and restrictions as may be
specified in the notification.
(2)
No notification shall be made under
sub-section (1) until after
the issue of a general notice to the owner of such trees in the local
area concerned calling upon them to show cause within a
reasonable period to be specified in such notice why such
notification should not be made and until their obj ections, if any,
and any evidence that they may produce in support of the same
have been heard by an officer duly appointed by the Government
in that behalf and have been considered by the Government.
- - -
1.
Omitted
by Act No. III of 1355-F.
2. Subs.
for the word "Talaqdar" by the A.P.A.O. 1957.
3. Amended
by Act No. III of 1308-F.
4. Added
by Act No. XLIV of 1952.
5. Added
by Act No. XIV of 1954.
6. Subs
for the word "Jarida" by the A.P.A.O. 1957.
- - -
(3)
The notification referred to in sub-section
(1) shall be published
in the locality, and the notice referred to in sub-section (2) shall
be served, in such manner as may be laid down by rules made
under this Act.
(4)
The Government may by order delegate its
powers under sub
sections (1) and (2) to the Collector or such other officer as the
Government thinks fit subject to such conditions and restrictions,
if any, as may be specified in the order.
(5)
If any tree mentioned in sub-section (1) is
cut in contravention
of any prohibition, condition or restriction imposed under that
sub-section the Pattadar of the land on which the tree stood or
where the Pattadar has riot cut or authorised the cutting of the
tree any other person who has cut or authorised the cutting
thereof shall be liable to a penalty not exceeding the market
value of the tree as determined by the Collector and such penalty
shall be recoverable from the Pattadar or such other person, as
the case may be, as an arrear of land revenue and the trees shall
be forfeited to Government by order of the Collector.
(6)
The powers of the Collector under sub-section
(5) may be
exercised by any other officer who is authorised by Government
in this behalf.]
47. Permission to take wood from waste land outside
reserved
forest:—
Where trees are standing in any waste land
outside the reserved forests the ryots in general of the village
may take firewood and agriculturists such wood as may be required
for agricultural implements without payment of any tax and subject to
rules made by the '[Government] by notification.
Land
Revenue
48. All land to be liable to payment of land revenue
save in case of
remission:—
All land, whether applied to agricultural or
any other purpose, and wherever situate shall be liable to payment of
land revenue to the '[Government] in accordance with the
provisions of this Chapter and Chapters VII and IX except in case title to
land has been transferred to any 2[Local Authority] or the
revenue thereof has been wholly remitted under any special contract with '[Government]
or under any order or law.
49. If alluvial land be within land excluded from
Government
demand, etc., shall be subject to original land for purpose of
payment of land revenue:—
All rights, conditions, restrictions and
liabilities in respect of payment of land revenue applicable to any land
excluded from Government
- - -
1.
Amended by Act III of 1308-F.
2.
Subs. for the word
"Mahkama-i-Safai" (Municipal) by the A.P.A.O. 1957.
-
- -
demand
or Mukta or Inamjodi shall also apply to alluvial land within the limits of such land or
which has come up from the river bed on account of the river abandoning its course but land revenue shall not be leviable
in respect of any such land or river
bed unless the area of the same exceeds the area mentioned in Section 55.
50. Land revenue to be assessed according to use
of land for various
requirements:—
Land
revenue shall be assessed according to the various modes of use.
(a)
Agricultural use.
(b)
In addition to agricultural use any other use
from which profit
advantage is derived.
When rate is assessed on any land for any one
of the aforesaid purposes and the land is appropriated for any other
purpose the rate thereof shall be altered and fixed again, although the term of
subsisting settlement may not have expired.
If any land granted by the '[Government] with
remission of land revenue for any special purpose is appropriated to
some other purpose against the intention of the grant, the land revenue
thereof shall be recovered.
It shall be lawful for the 2[Collector],
and in case a taluqa is under settlement, for the 3[Commissioner
of Survey Settlement or Commissioner of Land Records] after giving a hearing to
the landholder to prohibit its appropriation for any particular purpose and
record reasons therefor and to summarily evict the holder who may have
appropriated the said land to prohibited purpose.
51. Settlement of land
revenue with whom to be made:—
The settlement of the land revenue of each
number or pote-number shall be made with the pattadar of the number of
pote-number.
If such person be absent and there be no
authorised agent of his in the district, such settlement shall be made with the
person who has acquired from him the occupancy right of such land or
who is on his behalf in occupation of such land; but if the pattadar
is of unsound mind or is a minor or incapable to contract, the settlement of land revenue shall be
made with his lawful guardian or after six
months notice with the Shikmidar or the Asami who is the land holder.
52. Assessment
of land revenue by whom and how to be made:—
In respect of land on which land revenue is
wholly or partially recoverable and for which settlement of assessment has not
been duly notified, the Nizam Jamabandhi shall, with due regard to
subsisting rights assess the land revenue but the assessment of land for which settlement has
not been made shall not be increased or
decreased until settlement is made.
53. Water rate:—
The Government may confer upon the 2
[Collector] or any officer the power to fix such rate, as may be deemed fit to recover for use of
water
- - -
1.
Amended by Act III of 1308-F.
2.
Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
3.
Amended by Act III of 1355-F.
- - -
which is either the
property of the Government or which the Government has by constructing and repairing an anicut or by any other means made available for cultivation and with regard to the
use of which rate has not already been fixed on the land.
Such rate shall be liable to revision after a
period which Government may with regard to the principle and rules of
settlement, determine and it shall be recoverable as1[Government]
land revenue.
CHAPTER
V
Occupation of
(1)
When any person is desirous of taking
unoccupied land he shall
before occupying the land submit a petition to the Tahsildar and
obtain his permission in writing.
(2)
On such petitionbeing submitted, the
Tahsildar may, in accordance
with the rules made by the Government in this behalf from time to
time, give permission in writing for occupation.]
2[54-A.
Procedure in respect of land acquired for purpose of public
benefit
and no more required:—
When agricultural or pasturage land acquired for public
benefit is no longer required the patta thereof shall be made in the name of
the person or his successor from whom, such land was acquired
provided he consents to refund the compensation originally paid to
him. If such person or his successor does not take the land, it may be
given on patta under Section 54.
CASE
LAW
When once the agricultural land is acquired for any
non-agricultural purpose for being used to any public benefit the same by law shall
be deemed to have lost its character of being agricultural or
pasture land and Section 54-A of the Telangana Act is not applicable to such
land. For instance, if the land is acquired for construction of school building or
industry or for providing housing colony
and if any part of the land is not utilised for the said purpose, it cannot be
said that still the surplus land
continues to be agricultural land. Such interpretation of treating unutilised agricultural land as agricultural land would be
contrary to the very spirit of Chapter -V, especially Sections 54 and 54-A of the Telangana Act as well
as the Land Acquisition Act. Koppula Narasiah vs. Government qfA.P. 2000 (6) ALT 337.
Section 54-Aand Board Standing Orders, B.S.O. No.90(32)
and Land Acquisition Act, 1894. Sec.4(1) - Acquisition of agricultural land for
a public purpose - Acquiring authority utilised only certain extent ofland
acquired. The said authority informing the Land Acquisition Officer that the remaining unutilised portion of the land was
no longer required. Petitioner-landowner making representation to reassign the said unutilised land to him
preparing to pay back compensation
received in respect of that land together with interest at 12% p.a. L.A.O.
rejecting such representation stating
that it was required for construction of M.R.O. complex. Such an order of rejection of LAO - Not legal.
Petitioner-landowner entitled to get reassessment of such unutilised land under Sec.54-A of the Act and
B.S.O. No.90 (32). Authorities shall assign such land or grant patta in favour
of the person from whom it was acquired even without making an application by him. Proposal of the authorities
to make use of the said land for some other public purpose is an afterthought put forward to
circumvent the order of High Court in earlier writ petition directing authorities to consider the
representation of petitioner for reassignment of the said Land. Unutilised land is only a small bit and
not useful for construction of any office complex. Order of single Judge in writ petition holding the petitioner
to be entitled to relief of reassignment sought for by him. Just one. No
interference with the said order warranted - Writ Appeal dismissed. Gout. o/A.P., Revenue Dept
vs. SyedAkbar; 1999 (5) ALT 202 (D.B.) 11996 (3) ALT 793 Followed : AIR 1997 SC 2703
Distinguished].
-
- -
1. Amended by Act
IV of 1345F. 2. Amended by Act III of 1324-F.
-
- -
Expression 'no longer required' for the
public benefit used in Sec.54-A. Meaning of - No longer than the very
purpose for which land was acquired. Syed Mohammad Yahya Quadri (died) per
L.Rs. vs. Dist. Collector. Nalgonda Dist. 1996 (3) ALT 793.
Section 54-A and Hyderabad Land Acquisition
Act, 1309-F., Sec. 3 - Acquisition of land -Agricultural land
acquired for public benefit. Once agricultural land acquired for public benefit
is no longer required, patta shall be granted to the land owner. Public
benefit and public purpose are synonymous terms. Land acquired for
construction of maternity ward. Not used for the said purpose - Land owner
therefore entitled to get back patta for the acquired land transferred to his
name. However, land owner held entitled to compensation of market value of suit
land as on the date of this order deeming
it to be a fictional date of eviction, as government used the land for another public purpose by constructing
buildings thereon. Government held entitled to retain the land subject
to payment of compensation. Syed Mohammad Yahya Quadri vs. Dist. Collector, Nalgonda Dist, 1996 (3) ALT 793.
Ingredients of the provision-Stated. Syed
Mohammad YahyaQuadri (died) for L.Rs. vs.Dist. Collector,
Nalgonda Dist, 1996 (3) ALT 793.
Section 54-A and Land Acquisition Act, 1894
and Hyderabad Land Acquisition Act, 1309-F - Three statutes relate to
acquisition of land - Special law prevails over general law. Hyderabad Land
Revenue Act being a special law prevails over Land Acquisition Act which is a
general law. Question of harmonious construction of provisions of two
enactments does not arise in such cases. Section 54-A of Land Revenue Act be
read as part and parcel of Hyderabad Land Acquisition Act. SyedMohammadYahyaQuadri(died)JbrL.Rs.
us. Dist. Collector, Nalgonda Dist, 1996 (3) ALT 793.
Section 54-A and Transfer of Property Act, 1882, Sees. 51 and 108
- Law of equity -Acquisition of land under
Hyderabad Land Acquisition Act, 1309-F - Land owner held entitled to possession of land and transfer of patta under
Sec. 54-A of A.P. (T.A.) Land Revenue Act, 1317-F. as the land was not
used for the purpose for which it was acquired. Government using the said land for another public purpose and
constructing buildings thereon. Land owner held entitled to market value of land acquired as on the date of the
judgment. Government to retain the land subject to payment of compensation. Syed
Mohammad Yahya Quadri (died) for L.Rs. vs. Dist. Collector, Nalgonda Dist., 1996 (3) ALT 793 [1996 (1) An.WR 456 - Relied on].
55. Rules relating to alluvial land:—
Alluvial land, upto two guntas where it is wet and upto
one acre where it is dry shall remain, without collecting
any revenue in the occupation of the holder of the adjacent land, and if it
exceeds that extent it shall be let out as unoccupied Khalsa land but the holder of the
adjacent land shall have preference over
others.
56. Rules relating to diluvial land:—
If diluvial land is upto two guntas where it
is wet and upto one acre where it is dry, the pattadar of the land
shall not get any rebate in its revenue and if it exceeds that extent rebate
shall be given in its revenue. 157. Procedure when person unlawfully occupies unoccupied land
or uses land without
title:—
(1) If any person unlawfully occupies any unoccupied
khalsa land or so uses or occupies any land which has been set apart
for any special purposes, to the use or occupation of which under
this Act he
is not entitled or in respect of which his right of use of occupation has extinguished shall—
(a) if the land which he has unlawfully occupied or used without
title or has retained in his possession
forms part of a number
which has been assessed for land
revenue, pay the land
revenue of the entire number for the
whole period of unlawful
occupation or use: and—
- - -
1. Amended by Act IV of 1345 F.
- - -
(b)
if such land has not been assessed for land
revenue, pay so much
amount of land revenue as would be recoverable in the same
village for similar land according to the area of occupied land,
period of occupation and the nature of use; and
(c)
if the land has been used for agricultural
purposes he shall at the
discretion of the 1[* * *] 2[Collector] 1[* *
*], pay in addition to the
land revenue provided in clause (a) or (b) a fine which may extend
to ten times the annual land revenue of the said land recoverable
from him. Provided the ten times amount is not less than five
rupees; otherwise the maximum amount of fine any extend to five
rupees and if the land has been used for non-agricultural
purposes the maximum amount of fine shall extend to the
amount as the Government may by rules fix from time to time.
(2)
In case of every occupation of unlawful use
the decision of the1[* *
*] 2[Collector] 1[* * *] as to the assessment of land revenue
shall be
conclusive and for the purposes of assessment of land revenue
occupation for a portion of a year shall be deemed to be an
occupation for a whole year.
(3)
The'[* * *] 2[Collector]1[* *
*] may summarily evict from land any
person having unlawful occupation or use and attach the crop
raised on such land. Similarly if any building or construction of any
kind is erected on such land; the1[* * *! 2[Collector] 1[* * *1
shall
have power to grant reasonable opportunity (which shall not be less
than one month) and give to the land-holder an order in writing to
remove such building or construction from the land. If the holder
does not comply with the order within the period fixed the 2[Collector]
as its expiry shall have authority to attach such building or
construction or to summarily demolish and remove it from the land.
(4)
After the property is attached by the order
of the 1[* * *) 2[Collector]
1 [*
* *] the attached property shall
be managed according to his
discretion, and if there be any encroachments on such property, the
cost incurred in removing them under the provisions of this section
shall be recoverable from the unlawful occupier or the person who has
unlawfully used it, as the case may be, as an arrear of land revenue.]
58.
Occupancy right is heritable and transferable:—
An occupancy right to land shall be deemed to
be heritable and transferable.
3[58-A.
Sanction of 2[Collector] for transfer of occupied land
compulsory in certain cases:—
(1) Notwithstanding anything contained in the preceding
section the Government may, by 4[Official Gazette]
notify in respect of any village or tract of 5[the area to which this Act
extends] that the right of occupation of any land under Section 54 given after
- - -
1.
Omitted by Act III of 1355-F.
2.
Subs. for the word "Taluqdar" by
the A.P.A.O. 1957.
3.
Amended by Act ill of 1308-F.
4.
Subs. for the word "jarida" by Act
III of 1355-F.
5.
Subs. for the words
"Mamalikl-i-Mahroosa-i-Sorakarl-i-Aair the H.E.H.Nizam's Dominions by
ibid.
- - -
the
date of the notification shall not be transferable without obtaining the
previous sanction of the1[*
* *]2 [Collector] 1* * *]-
(2)
The Government may also at its discretion from time to time notify by Official
Gazette, that any part or person or class of persons of such village
or tract of the area to which this Act extends to which the provisions of sub-section
(1) have been made applicable shall be exempt from the said provisions.
58-B. Procedure in case of transfer 'by order of Court' of
land not
transferable without sanction of 1[Collector]:—
Where right of occupancy of any land is declared
non-transferable without the sanction of the 1* *
*]2[Collector] 1[* * *] and the1[Collector] has
not given sanction for its transfer and the transfer of such occupation
has been made by the order of a Civil Court or the Civil Court has
passed a decree regarding its transfer or its decree or order is founded
on such transfer as has been affected without the sanction of the
2[Collector].
(a)
No process of the
any transfer thereof shall be considered as valid; and
(b)
Where a certificate is produced before such
Court under the
hand and seal of the1[*
* *] 2[Collector] 1* * *]
to the effect
that right of occupancy of the land is not transferable without
the sanction of the 2[Collector] which should be previously
obtained and that such sanction has not been given, such Court
shall remove any attachment of land if it has been made or
cancel any other process if it has been unissued in respect
thereof or if the land has been sold auctioned or any such
auction has been made as affects right of occupancy of such
land, shall also cancel every such sale.]
59. Who shall be Pattadar on death of Pattadar:—
On the death of a Pattadar of Khalsa land the name of the
person who is lawfully entitled under a Will and if there be no such
person, of the nearest heir, and if there are several heirs
of equal degree, of the one who by custom has the right of primogeniture shall
be entered in the register by the 2[Collector] and the names
of the remaining heirs shall be entered as Shikmidar. But, if at any time, any person
produces against the claimants, of a patta a decree of a competent
Court as regards his right of preference amendment in the Government
records shall be made in accordance with the decree.
60. Occupancy right to be sold in case Pattadar dies
intestate or
heirless:—
Where a Pattadar dies intestate or without making a Will,
the occupancy right of land held by him shall be sold and
after deducting expenses of sale the arrears of land revenue, if any, shall
first be paid
- - -
1.
Omitted by Act III of 1355-F.
2.
Subs. for the word 'Taluqdar" by
A.P.A.O. 1957.
- - -
from
the sale proceeds and the remainder shall be dealt with as unclaimed
property.
61. Occupant to be entitled to construct godowns and
wells, etc.,
or otherwise improve conditions of
land:—
(1) Every occupant shall be entitled '[to
construct or repair godowns or wells on land occupied by him or otherwise
improve its condition] and shall not be entitled except with the
written permission of the 2[Collector] to appropriate
agricultural land to purposes other than agricultural. If no
written reply for such permission is given by the 2[Collector]
for three months from the date of presentation of the application, the
application shall be deemed to have been granted. In every such
case the 2[Collector] on receipt of the application, shall furnish a
written acknowledgment thereof and without unnecessary delay communicate
to him the sanction of refusal of the application, and the 2[Collector]
at the time of granting such application, may, in addition to the new assessment
payable under Section 50, if necessary, after recording reasons
therefor introduce such conditions as he may have settled with
the consent of the occupant.
H(2) No occupant of land shall be entitled to construct
or repair any tank or kunta without the permission of the Government.]
62. Procedure in case of agricultural land appropriated to non-
agricultural purposes:—
The 2[ColIector] may take action under
Section 57 against a pattadar or Shikmidar who has, without permission,
appropriated agricultural land to noil-agricultural purposes.
63. Right to all mines vests in Governments-—
Right to all mineral products vests in the 3(Government]
and no person
shall excavate anything from any mine without permission. But this section shall have no effect on subsisting
rights.
64. Occupant may relkiquisli or transfer occupancy right to
another:—
A pattadar may, before expiry of the date
fixed by the 3[Government] by notification in this behalf, by presenting
a compromise relinquish the land occupied by him or get it transferred in
the name of any other person, but he shall remain responsible for
the Government demands due by him. A compromise not applying to a whole number or a whole
pote-number shall not be acceptable.
65. Right of way on relinquishing land to vest in future holder:—
If any person relinquishes land, the
way to which lies through other
land occupied by him the
right of way shall continue to the person who
- - -
1.
Amended by Act No. III of 1324-F.
2.
Subs.
for the words "Taluqdar" by A.P.A.O. 1957.
3.
Amended
by Act No. III of 1308-F.
- - -
fete,
shall
hold land in future, provided there is no other way equally convenient.
CHAPTER VI Of
66. Liability and rights of Pote-Pattadar:—
A Pote-pattadar shall pay on his portion of
land proportionate land revenue and so long as he continues to pay
the land revenue for his share he shall not be evicted from his portion of
land. The pattadar shall not be entitled to enhance the '[Government] land
revenue on the land of the pote-pattadar.
67. When shall Asami Shikmi have perpetual occupancy
right'-—
Where no agreement has been made between the
Pattadar and Asami Shikmi pertaining to the period of possession, and
the possession by the Asami Shikmi has been for a continuous
period of twelve years he shall be deemed to be a Shikmidar and he
shall have permanent right as against the Pattadar. If any person has been from
the commencement of cultivation or the patta jointly
cultivating with the Pattadar he shall be deemed to be a Shikmidar until a decision
of a Court of law to the contrary is obtained:
2[Provided that an Asami Shikmi who has been in possession of any bil-Maqta-land in an ijara village for a continuous
period of 12 years, whether there was
any agreement between the Ijaradar and the Asami Shikmi pertaining to the period of cultivation or not, and every person who has from the commencement of cultivation or
from the time patta was granted to
the Ij aradar, j ointly with such Ij aradar cultivated any bil-Muqta-land held by such Ijaradar, shall be deemed
to be a Shikmidar in respect of such
bil-Maqta-land.]
Explanation:— If an Asami Shikmi
remains out of possession for a period of more
than one year and during that period takes no action against the pattadar for possession, such period
shall not be deemed to be continuous.
67-A. Conferment of Pattadari
rights on Shikmidars:—
Notwithstanding anything to the contrary
contained in any law usage, contract, grant, decree or order of a Court but
subject to the provisions of Section 166-B.
(i)
a Shikmidar who was granted a Shikmidar certificate in respect of any land by a Revenue Officer, shall be declared
as pattadar of that land by the Deputy
Collector in whose jurisdiction the land
is situate, within a period of 3[seven years] from the date of commencement of the Audhra Pradesh (Telangana
Area) Land Revenue (Amendment) Act,
1964 and the Deputy Collector shall
-
- -
1.
Subs. by Act No. III of 1308-F.
2.
Proviso added by Act IX of 1952.
3.
Subs. for the words "four years" by A.P. Act 13 of 1969.
-
- -
issue
a certificate to that effect in the prescribed form and give intimation
thereof to the former pattadar of that land; and such certificate
shall be binding on the former pattadar; '[(ii) where no Shikmidari certificate was
granted to a Shikmidar in respect of any land by a Revenue Officer as
provided in clause (i), the Deputy Collector, shall on an application
made within a period of seven years from the date of commencement of
the Andhra Pradesh {Telangana Area) Land Revenue (Amendment) Act,
1964,or may, suo motu at any time, after making an inquiry in the prescribed manner
declare the Shikmidar as pattadar of that land and issue a certificate
to that effect in the prescribed form and give intimation thereof
to the former
pattadar of that land and such certificate shall be binding on the former pattadar.]
(iii)
where a Shikmidar is declared to be a pattadar in respect of any
land under clause (i) or clause (ii), the
former pattadar of land,
who has not received the price
payable therefor from the
Shikmidar, shall within a period of
one year from the date of
intimation to him, apply to the
Deputy Collector for the
determination of the reasonable price
to be paid to the former
pattadar for that land by the
Shikmidar:
(iv) on receipt of an application
under clause (iii), the Deputy
Collector shall give notice to the applicant and the Shikmidar
who is declared as pattadar and to
all other persons who appear
to him to be interested, of the date,
time and place at which he
I proposes to enquiry into the application and on the
completion
i of the enquiry, he shall determine the reasonable price payable
-p for the land by the Shikmidar to the former
pattadar;
| Provided that the amount so determined as reasonable price shall not
be
more than ten times and less than eight times the difference between the rent paid or payable
by the Shikmidar to the former pattadar for the year 1952 and the land revenue paid or payable for that year by the
former pattadar to the Government in respect of that land;
(v) Where the Shikmidar fails to pay, in the
manner and within the
! time prescribed, the reasonable price for the land in respect of
L which he has been declared as pattadar under clause (i) or
i clause (ii), as determined by the Deputy Collector, the amount
so
payable shall be recovered from the Shikmidar as an arrear of
land revenue in the following manner and paid to the former pattadar
of the land—
(a) by the sale of the properties, if any, of
the shikmidar other than the land in respect of which the
reasonable price is payable;
1. Clause (ii) subs, by A.P. Act 13 of 1969.
(b)
where he has no properties other than such Ian dor where the amount
realised from such properties fall short of the reasonable
price, by the sale of such land. Explanation:— 1[In
this section and in Section 67-B—
(i) the expression 'Shikmidar' shall, in
relation to any land, include a person who shall be deemed to be a
Shikmidar in respect of that land under Section 67;
(ii) the expression 'pattadar' shall in
relation to any land include any other person interested in that
land but does not include a 'Shikmidar'.
THE ANDHRA PRADESH
REVENUE LAWS MANUAL
167-B. Validation of
certain transfers of land conferment of pattadari rights on
transferees:—
(1)
Notwithstanding anything in this Act where, before
the
commencement of the Andhra Pradesh (Telangana Area) Land
Revenue (Amendment) Act, 1964, any transferee has in good
faith purchased or otherwise acquired the interests of the
Shikmidar in the land either directly from the Shikmidar or from
any other person who in good faith acquired such interests, ant'
where such transferee is in possession of the land on such
commencement, he shall within a period of seven years from
such commencement apply to the Deputy Collector within
whose jurisdiction the land is situate for declaring him as
pattadar of that land.
(2)
Where transferee has made an application for
declaring him to
be a pattadar in respect of any land under sub-section (I), if the
former pattadar has not received the price payable thereof from
the transferee, the Shikmidar or any other person who in good
faith purchased the interests of the Shikmidar in the land, such
former pattadar shall, within a period of one year from the date
of intimation to him by the Deputy Collector of such application,
apply to the Deputy Collector for the determination of the
reasonable price to be paid to him by the transferee.
(3)
On receipt of an application under sub-section
(2), the Deputy
Collector shall give notice to the applicant and the transferee
and to all other persons who appear to him to be interested of the
date, time and place at which he proposes to inquire into the
application and on the completion of the enquiry, he shall
determine the reasonable price payable for the land by the
transferee to the applicant;
Provided that the amount so determined as
reasonable price shall not be more than ten times and less than eight times the
difference between the rent paid or payable by the Shikmidar to the former
pattadar for the year 1952 and the land revenue paid or payable
for that year by the former pattadar to the Government in respect
of that land.
- -
-
1. Ins. by Act 13 of 1969 (
- -
-
(4) Where the transferee fails to pay, in the manner and within the
time prescribed, the reasonable price for the land in respect of
which he has applied to be declared
as pattadar under sub
section (1), as determined by the
Deputy Collector, the amount
so payable shall be recovered from
the transferee as an arrear of
land revenue in the following manner
and paid to the former
pattadar referred to in sub-section
(2), of the land—
(a)
by the sale of the properties, if any, of the
transferee other than
the land in respect of which the reasonable price is payable;
(b)
where he has no properties other than such
land or where the
amounts realised from such properties falls short of the
reasonable price, by the sale of such land.
(5) The Deputy Collector shall after satisfying himself that the price
payable to the former pattadar
referred to in sub-section (2) has
been paid or has been deposited within
such time and in such
manner as may be prescribed, require
the transferee to deposit
in the office of the Deputy Collector
an amount equal to the
registration fees and the stamp duty
that would have been
payable had the transfer been effected
by a registered document
in accordance with the provisions of
the Registration Act, 1908.
On the deposit of such amount, the Deputy Collector shall issue
a certificate in the prescribed form
to the transferee declaring
him
as pattadar of that land and such certificate shall,
notwithstanding anything in the
Registration Act, 1908, be
conclusive evidence of such
transfer".
68. Liability of
Shikmidar to payment of land revenue:—
A Shikmidar shall pay on the land held by
him only so much of fixed rent or share of produce as maybe due in
accordance with the agreement entered into between him and the pattadar or
pote-pattadar, and if no such agreement has been entered into as much
as he was paying in accordance with the usage in previous years,
and so long as he continues to pay the rent he shall not be
evicted from the land in his possession.
69. When rent may be enhanced on Shikmidar:—
The rent on the Shikmidar may be enhanced in
the following cases only:—
(a)
When after expiry of term of settlement an
enhancement in the
assessment of land revenue on the land held by the Shikmidar
is made by the l [Government] or at any time any new
local tax
is levied by the '[Government] the Shikmidar shall be liable to a
proportionate increase, provided that no agreement to the
contrary has been entered into.
(b)
When the term of agreement between the
pattadar and the
Shikmidar expires and the right of the pattadar to enhance the
- - -
1. Amended by Act III of 1308-F.
- - -
rent
after the expiry of the term has been agreed to under the agreement the
enhancement may be made under the terms of the agreement.
(c) If, apart from the labour and expenses of the Shikmidar
through the expenses of the pattadar or
owing to other reasons the capacity or the area of the land is improved an
enhancement may be made with regard
to such improvement provided that no agreement
to the contrary has been entered into and enhancement shall not be made again within five years.
70. When Shikmidar shall be entitled to reduction of
rent:—
A Shikmidar shall be entitled to reduction
of rent in the following case only:—
(a)
When any reduction in the land revenue in
respect of land held
by the Shikmidar is made by the l [Government] or any
local tax
is remitted by the 1 [Government] in proportion thereto
provided
that no agreement to the contrary exists.
(b)
When it may be so provided in the agreement.
(c)
When the area or capacity of the land
diminished owing to some
reason, not
being the result of an act of the Shikmidar, provided
that no agreement to the contrary has been
entered into,
71. Liability of Asami Shikmi respecting payment of
rent and
procedure when
Shikmi relation is not desired to be
maintained:—
If no agreement has been entered into with the
Assami Shikmi the same rent as was due for the previous year
shall be recoverable either in cash or share of produce and if the Asami
Shikmi has from the beginning taken possession of the land without any
agreement, such rent shall be fixed as is realised for land of similar capacity
from Asami Shikmis in the neighbourhood.
The pattadar shall not be entitled, after the
commencement of the agricultural year, to make any variation
without the consent of the Asami-Shikmi, in the terms or the rent for
that year, or to evict theAsami from the land.
If the pattadar desires to vary the terms or evict the
Asarrii for which there is no express agreement a written
notice of enhancement of rent and other conditions of eviction shall be
given to the opposite party three months before the termination of the
agricultural year or if the person giving the notice so desires such notice may
be given through the Tahsil Office under the rules made in this behalf.
If the Asami-Shikmi agrees to the rent and
terms he shall retain possession of the land during the following
year, otherwise he shall relinquish the land. If he retains his
possession notwithstanding the receipt of notice he shall be bound to pay
the enhanced rent and observe
- -
-
1. Amended by Act No. III of 1308-F.
- -
-
the
conditions set forth in the notice; and if the notice before eviction the Asami-Shikmi
shall have no right of possession during the following year.
Asami-Shikmi, after commencement of the agricultural year, shall not
be authorised to relinquish the land for the whole year, without payment
of rent, but if he desires to relinquish, he shall as therein before specified,
notify the pattadar three months before the termination of the current
agricultural year.
Application regarding enhancement or reduction of rent or eviction
shall be presented and heard in the Tahsil.
72. Application for arrears of land revenue or rent in
Tahsil within
three years: —
If a pote-pattadar Shikmidar or Asami-Shikmi does not pay the land
revenue or rent in time, application in
respect of the same may be presented
in Tahsil within three years from the date of its becoming due and the decision of the Tahsil shall be enforced
under the rules for the realisation of land revenue, but this procedure
shall not be a bar to seek remedy in the Civil Court.
73. Procedure in case of remission or suspension of
land revenue: —
If land revenue is wholly or partially remitted or
suspended by the
1
[Government] the remission or suspension shall also apply to the rent of
pote-pattadar, Shikmidar and Asami-Shikmi according to the shares; provided
that no agreement has been made to the contrary.
74. 2[Omitted].
75.
Penalty when proved that land-holder has by force recovered any
amount in excess of fixed land revenue or rent: — When
it is proved to the 3[Collector] regarding any land holder that he
has unlawfully
recovered from any Shikmidar or Asami-Shikmi an amount in excess of fixed land revenue or rent payable under
the provisions of this Chapter, the 3[Collector]
shall get the amount recovered in excess refunded to the aggrieved person and may also levy on him
a fine not exceeding the amount recovered in excess and the 3[Collector]
may also, if he deems fit order to pay a
portion of the amount of fine recovered to the aggrieved person by way of damages.
76.
In default of payment of land revenue it shall be lawful in certain
cases
to cease and auction right of pattadar and make any co-
occupant or other
concerned person a pattadar: —
When
it appears to 3[Collector] that a pattadar with intent to defraud or
cause
injury to Shikmidar or other person interested in the number, has,
willfully
not paid the land revenue and rendered the number liable to
attachment
and sale, the 3[Collector] may instead of attaching and selling
the
right of occupancy, attach only the title of such pattadar, and on
condition
of payment of the whole amount of land revenue due on that land
- - -
1.
Amended by Act HI of 1308-F.
2. Omitted
by Act IX of 1952.
3. Subs.
for the word "Taluqdar" by the A.P.A.O. 1957.
- - -
cause
the name of the Shikmidar or the person interested in such number to
be entered as a pattadar in the village records. The person whose name may
be so entered in the village records shall acquire the same rights as the original
pattadar.
*CHAPTER
VII Settlement and Partition of areas
|
177 |
.
Government may introduce revenue survey into any part of Dominions:—
The Government may whenever they deem it expedient, issue order to
make survey of any land in any part of 2[the
area to which this Act extends], for
the purpose of settlement and assessment of land revenue and record and
preservation of the rights relating thereto, or for any other similar purpose. Such survey shall be called the revenue
survey. Such survey may be made of
the land of any village, town or city generally of such land only as the
Government may direct; and subject to the orders of the Government the Officers conducting such survey may exempt
from survey any land the settlement of
which does not appear expedient.
The
entire power to control every such survey shall vest in the Government.]
CASE LAW
Sections 77, 78, 86 and 88 - Patta recorded
in Sethwar (Settlement Record) - Whether evidence of title - Patta is evidence of right of the holder of
land. Patta is evidence of title - Pattadar
is one in whom title vests.
78. Landholders, etc., maybe made by general notice
or summons,
to attend survey operations and assistance
of Village Officers,
and officers, concerned may be
taken:—
The 3[Survey officer] may
require, by general notice or summons, the attendance of all
landholders and all persons interested in such land, in person
or through an authorised agent acquainted with the facts and able to answer
material questions, and the presence of village servants and officers
concerned, who are, legally or by usage, bound to perform their functions
by virtue of their offices and services and also take from them such assistance in the
operation of survey as may not be inconsistent with their dignity and position.
79. No number to comprise of less than fixed area:—
Number of any cultivable land shall not be
made of less or greater area than fixed by the 3[Government] for each
district according to different types of land and a statement
showing the area fixed shall, before the commencement of the survey be
displayed at a conspicuous
- -
-
* Note: Consequent on the extension of certain laws like
A.P. (AA) Revenue Recovery Act, 1864 etc., the corresponding provisions
in Chapters VII, VIII and IX of A.P. (T.A.) Land Revenue Act 1317F
are no longer applicable.
1.
Amended by Act No. III of 1355-F.
2.
Subs.
for the words "Mumalikl-i-Mahroosa-i-Sarkari-Ali (H.E.H. the Nizam's
Domonions) by the A.P.A.O. 1957.
3.
Amended
by Act No. III of 1308-F.
- - -
place
in each village. These provisions shall not apply to the numbers which
have already been made of a'lesser area or which have been made under
the special order of a superior 1 [Survey officer] or which
may be made, separately demarcated, under the order of the 2[Collector]
3[*"* *] in accordance with the provisions of Section
25 for purpose other than agricultural.
80. When pattadar or pote-number tenders compromise it
may be
made over to any one of
pote-pattadars of same number:—
4[(1) If a pattadar of a pote-number of any number tenders comprise
the pote-number shall be made over to such
person from among the Pote-pattadars
as may be entitled thereto and if there is no such person or he does not take it then to him who pays the largest amount of land revenue and if he also does
not take, all the pote-pattadars of
the same number shall in the same manner
successively have the right.]
5[(2)
* *
*]'
81. Settlement officers to make assessment:—
Subject to rules made under Section 172 the '[Survey Officer]
shall, with due regard to laws and subsisting
rights, make the assessment on all lands within the local limits in respect of
which an order may have been under
Section 77. Provided the land is not wholly exempt from the land revenue; but nothing in this section shall be
construed to prevent the ' [Survey
Officer] from making or registering the assessments on land wholly exempt from land revenue or especially
expected under Section 77 from settlement or from dividing into numbers
all such land where the survey is being
made.
82. Assessment of land revenue may be made directly
of land or of
means of irrigation:—
Where assessment is to be made on the land
which is used for agricultural purpose only, the aforesaid
powers shall also include the power to make assessment either directly on
the land or to fix a rate of tax for water according to the means of
irrigation, provided that of tax has been fixed on such means of irrigation
under Section 53 or any other law or that land is assessed in some other
manner approved by the 2[Government].
83. Assessments made in settlement shall not be
recovered without
sanction of Government:—
The assessment made by the '[Survey Officer]
shall not be recovered without sanction of the Government. The Government shall
after proper modification,
sanction such assessment for any fixed term which in the case of the agricultural land shall not exceed
thirty years.
- - -
1.
Amended by Act III of 1308 F.
2.
Subs. for the word Taluqdar' by A.P.A.O.
1957.
3.
Omitted by Act III of 1324-F.
4.
Subs
by Act III of 1308-F.
5.
Sub-sec. (2) was omitted by the A.P.A.O. 1957.
-
- -
84. Announcement of assessment how made:—
When the assessment fixed by the settlement
for the agricultural land is sanctioned by the '[Government] a 2[Survey
Officer] not lower in rank than an 2[Assistant Commissioner] or in his absence the
3[Collector] either himself or through any 4[Deputy or
Assistant Collector] shall fix a date for the announcement of the assessment and
at a reasonable time beforehand make
proclamation and on such date shall publicly announce the assessment fixed on each number.
No person by being absent at the time of
announcement shall be absolved from any liability to which he may
be subject under the announcement of assessment.
85. When assessment fixed shall be levied:—
In the agricultural year in which a
settlement, whether original or subsequent, is announced under the last
preceding section, assessment fixed shall not be levied but it shall be levied
in the subsequent year as maybe fixed in the announcement of assessment. Any person who does
not agree with the assessment fixed may,
before the commencement of that
agricultural year, file a compromise under Section 64.
86. Preparation of
register:—
(1) The 2[Survey Officer] shall,
at each settlement, prepare a separate register for each village showing the area
and assessment of each number together with the name of the
pattadar. The register and other records shall be prepared in accordance
with the rules made by the Government by notification.]
5[(2)
* *
*]
5[(3)
* *
* ]
87. Settlement Officer to correct clerical and other
errors admitted
by all parties and application for correction of name to be made
within two years:—
6[The Director of Settlements and on making
over the settlement records to the Collector, the Collector may,
at any time, correct or cause to be corrected any clerical error or errors
admitted by the party concerned.]
The aforesaid officer shall hear all applications made within
two years after
the introduction of the settlement, for the correction of any wrong entry of a pattadar's name in the register
referred to in the preceding section
and if satisfied about the error whether such error has been made through negligence, fraud, or collusion shall
correct the same,
- - -
1.
Amended by Act No. III of 1308-F.
2.
Amended by Act No. III of 1308 F.
3.
Subs. by the word "Taluqdar" by A.P.A.O. 1957.
4.
Subs. by for the words "Diwan
Taluqdar" (second collection) by ibid.
5.
Sub-sections (2) and (3) were omitted by the A.P.A.O. 1957.
6.
Subs. by A.P. Act 36 of 1976 (
-
- -
notwithstanding
that the party concerned does not admit the error but not
such application shall be entertained after two years, unless reasonable
cause is shown to the said officer for the delay, and in such cases
if any error is proved it shall not be corrected without obtaining the sanction
of thev1[Government].
CASE
LAW
Secs.87, 87-A, 166 and 166-B — Government
assumed jurisdiction which they did not possess and proceeded to remand the case
to the Commissioner of Survey and Settlement — They have also acted without
jurisdiction in entertaining a second revision petition — It was
rejected and it became final — The Government are justified in invoking to
revisional power at the instance of the District Collector to nullify the order
passed by the Commissioner of Settlement without jurisdiction and
contrary to the provisions of Sec.87 — Even though there is an infirmity in
the impugned order of the Government as regards the manner of decision making, the
writ need not issue "ex debito justitiae" — An order
which is vitiated by certain infirmities cannot be condemned and thereby allow
a patently illegal order passed without jurisdiction to hold its sway—A
truncated approach cannot be adopted and bring about a result
leading to miscarriage of justice. Khairuddin All
and others vs. State of
2[87-A.
Delegation of powers of Government:—
(1)
Notwithstanding anything in this Act, the
Government may, by
notification published in the Andhra Pradesh Gazette, delegate
their powers under Section 87 to the Settlement Commissioner,
and may, by like notification, withdraw any such delegation.
(2)
The exercise of the powers delegated under
sub-section (1) shall
be subject to such restrictions and conditions, if any, as may be
specified in the notification.]
CASE
LAW
Sec. 87-A—See Sec. 87— Khairuddin All and others vs.
State of
3[88. Settlement records
to be made over 4[Collector] who shall cause
village records to be prepared:-
(1) The settlement register and other records
prepared by the 3[Survey officers] shall be made over to the 4[Collector],
who shall cause Village records to be prepared in accordance
therewith.]
[(2) *
* *] 6[88-A.
* *
* ]
89 Division of numbers and fixing of
pote-numbers on second settlement to be lawful:—
The 3 [Survey officer] may, on the occasion of
any subsequent settlement, subject to the provisions of Section 79 and under
the rules
- - -
1.
Amended by Act III of 1308-F.
2.
Ins.
by A.P. Act 36 of 1976 (
3.
Amended
by Act No. III of 1308-F.
4.
Subs.
for the word "Taluqdar" by A.P.A.O. 1957.
5.
Sub-section
(2) was omitted by ibid.
6.
Section
88-A was omitted by ibid.
- - -
made
in this behalf, break up and divide a number into two or more numbers and shall fix
separate assessment for each such number and enter
the area of each such number and the name of the occupant in the settlement
register. 1 -89- A. Division of Survey numbers into new
Survey numbers:—
Notwithstanding anything contained in Section
79 and Section 89 or rules made thereunder, when any portion of
cultivable land is permitted to be used under the provisions of
Sections 61 and 62 for non-agricultural purpose or when any portion of
land is specially set apart under Section 25 or when an assessment on any
portion of the land is altered or levied under Section 50, separate
survey number may, subject to the rules made by the Government under this
Act in this behalf, be made of such portion. 89-B. Division of
Survey numbers into pote-numbers:—
(1)
Notwithstanding the provisions of Section 89
the Government at
any time, may direct that survey numbers be divided in to so
many pote-numbers as may be required in view of the rights
acquired in land or for any other reason.
(2)
The division of survey numbers into
pote-numbers and the
assessment of the pote-numbers shall be made and from time to
time revised under the rules made by the Government in this
behalf under this Act;
Provided that the total amount of assessment
of any survey number or pote-number shall not be enhanced during
the term of settlement for which such assessment has been fixed under
Sections 81 and 83, unless such assessment is declared liable to
alternation under Sec. 50.
(3) The area and the assessment fixed of such pote-numbers shall
be entered into such records as the
Government may prescribe
in this behalf.]
CHAPTER
VIII
Dispute Relating to Boundaries and
Installation and maintenance of Boundary Marks
2[90.Deterrnination of
village boundaries:—
The Collector or any other officer nominated by the
Government for this purpose, or the Settlement
Commissioner, if survey operations are proceeding in the village shall enquire about
and fix the boundaries of villages and determine disputes, if any,
relating thereto.
When the Patels and Patwaris of any two or
more adjoining villages agree to any given line of boundary and such
agreement is not illegal, the officer determining the boundary shall require
the said parties to execute an agreement to that effect and
shall mark off the boundary accordingly.
- - -
1.
Amended by Act No. III of 1355-F.
2.
Subs. for Sees. 90 and 91 by the A.P.A.O.
1957.
- - -
91. Procedure in case of disagreement or dispute:—
If the parties do not agree in the manner
prescribed in the last preceding section, the said officer shall, after necessary inquiry
make a plan showing the area of the ground
in dispute together with the boundaries
or marks, existing or which may be stated, in different colours, and shall, after completing the inquiry
make an award in the case.]
92. Determination of field boundaries:—
If, at the time of a survey, the boundary of
a filed is pointed out by the holder and it is undisputed and its correctness
is also affirmed by the Patel and Patwari of the village the boundary
shall be marked. If the boundary of a field is disputed or the
landholder is not present or does not point out the same, the 1[Survey
officer] and when settlement operation is not proceeding the2
[Collector] in a case the land is of khalsa area 3[ * * * ] shall fix the
boundary according to the entries in village records,
and according to occupation if, adverse to the entries in village records,
it is established that the occupation extends over a year and no legal action has been taken in connection
therewith.
93. Settlement of boundary disputes by arbitration:—
If the parties agree to refer the boundary-
dispute to arbitration and make an application to that effect in
writing, the competent officer shall refer the case to arbitration for
settlement; and to the dispute shall apply all provisions of
arbitration relating to civil suits and the powers vested in a Court by virtue
of such provisions shall vest in 2[Collector] or the 4[Settlement
Commissioner]. 5[94. Construction or
repair boundary marks of Villages and
survey
numbers:—
Where survey operations are proceeding, it
shall be lawful for the Settlement Commissioner or such other officer
authorised by him in this behalf, to cause to be constructed or repaired
boundary-marks of villages and occupied numbers; and the
officers concerned shall see to their maintenance. The Survey officer shall, by
a notification posted in the 'Chaudi' or in some adjacent and
conspicuous place, require the holders of lands to construct or repair the
boundary marks of their numbers and in accordance with the directions given in the
notification within specified period which
shall not be less than one month, and on their failure to comply with the
requisition within the specified period, the said Survey Officer shall cause the boundary-marks to be
constructed
- - -
1.
Amended by Act III of 13C8-F.
2.
Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
3.
The words "and in case of a non-khalsa
land the officer authorised under
Section
172" were omitted by ibid.
4.
Subs.
for the words "Nizam Paimaish Bandobast or Nizam Land Records"
(Commissioner of Survey Settlement or the Commissioner of Land Records)
by ibid
Act No. 3 of 1355 F.
5.
Subs. for the original Section 94 by A.P.A.O. 1957.
-
- -
or
repaired and cause charges incurred to be recovered from Pattadar as an
arrears of land revenue.]
95. Dimensions
and form etc, of boundaries to be determined with
sanction of Chief Revenue Authority:—
The dimensions and form of boundary marks of
villages and numbers and the material of which they shall be made,
shall be determined with the sanction of the Government according to local
conditions, climate, durability and cheapness of materials.
96. 1Collector]
to have charge of boundary marks after introduction
of settlement:—
When settlement is introduced into a
district, the ; [Collector] shall be in charge of boundary marks.
The 1[Collector] may for their preservation and
maintenance, exercise all the powers as are vested in a Settlement officer
under Section 94.
97. Responsibility for preservation of boundary
marks:—
2(1) Every land-holder shall maintain the
boundary marks of the land occupied by him in original condition
and if he fails in it and does not carry out necessary repairs in spite
of orders of the village and Taluqa officers the Revenue
officers, not lower in rank to a Tahsildar, shall cause the
necessary repairs to be carried out and recover the charges thereof form the pattadar as an arrears of land revenue.
3[(2)
* * *]
98. Penalty for damaging etc., boundary marks:—
Any person convicted after a summary trial,
before a 4[* * *]' [Collector] or 5[Deputy or Assistant
Collector] or 6[Survey officer] or Tahsildar, of willfully erasing,
removing or damaging boundary-marks, shall be liable to a penalty which may
extend to four times the cost of repair or fixation of
each mark so erased, removed or damaged and such mark shall be rapaired
or fixed from such amount.
99. Fixing of limits of village sites:—
The 1[Collector]
or the 6[Survey officer] may, subject to rules and safeguarding the subsisting rights of landholders,
determine the limits of a village
site.
100. No land revenue to be levied in certain cases on
lands within
village site:—
No land revenue for purposes of this Act
shall in the following cases be levied on lands situated within a village
site and not used for purposes of agriculture:—
- - -
1.
Subs. for the words Taluqdar" by the
A.P.A.O. 1957.
2.
Amended by Act III of 1355-F.
3.
Sub-section (2) was omitted by A.P.A.O. 1957.
4.
Omitted by Act III of 1308-F.
5.
Subs. for the words "Duwam
taluqdar" (Second Taluqdar) by ibid.
6.
Subs. by Act III of 1308-F.
-
- -
(a)
where a person or his legal representative
upto the date of
commencement of this Act, has held any land without payment
of land revenue and has not made an agreement with the
1 [Government] to pay it in future;
(b)
where a competent officer has made an order
or granted a Sanad
in respect of right of occupancy exempting any land form land
revenue without fixing any period. In
other cases also no land
revenue shall be levied on a land within a village site without the
sanction of the l[Government],
101. Procedure
on occupying without permission land situate in
village site:—
If, after the commencement of this Act, any
person without the written permission of the officer, occupies any land
situated in the village site which has not been set apart
for agriculture the 1 [Collector] may recover the
compensation for occupancy right of such land or fix a land
revenue on the land or order both for recovery of compensation and levy
of land revenue; and if it is proved that the land was held dishonestly or
through mischief he may recover penalty to the extent of double the compensation
for occupancy right.
And if any building has been constructed on it
and the Government purposes or the public benefit is thereby
encroached upon if that building is not demolished and not more than
one year has elapsed from the date of completion of construction the 2[Collector]
may, after recording his reasons, order the person who has
constructed the building to demolish it and remove the
material thereof within a fixed period which shall not be less than six
months. If he does not comply within the period the 2[Collector]may seize the
building.
102. Suit not to be instituted in
order of Collector:—
No suit against the order of the 2[Collector]
made under Sec. 101 shall be instituted in any
CHAPTER
IX
Realisation of Land Revenue and other
Government Demands
103. Responsibility for payment of land revenue:—
The person primarily liable for payment of
land revenue for khalsa land, shall be the pattadar of such land and
for non-khalsa land the superior holder thereof.
And
when he fails to pay the land revenue, the land revenue may be recovered from Shikmidar, or co-sharer of the
superior holder or inferior holder
or person in actual occupation of the land, but the amount which he may have paid to the pattadar or superior holder
at the time of
-
- -
1.
Amended by Act III of 1308-F.
2.
Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
-
- -
instalment
or thereafter shall not be recovered form him, and the amount so recovered shall be
refunded from that pattadar or superior holder. Priority of 1Government] Claim for Land Revenue
104. 1Government]
demand to have priority over all claims:—
The demand on any land, for its land revenue
shall have priority over other demands whether in respect of debts or mortgage or based on
a decree of or attachment by a Court, and
if the title to any land on which such
Government demand is due is transferred, such land or its transferee shall not e discharged from such
demand. If the demand for land revenue which cannot be recovered from
the title to or existing produce of that
land is due from a person the liability for the payment of the land revenue shall have precedence over
debt to decree of a Court also on his
property other than the land on which the demand is due; provided that such property before it is forfeited
for recovery of the said demand, is
not sold or mortgaged or given as a gift or otherwise transferred or hypothecated or attached.
105. Produce of land to be deemed as, hypothecated for
payment
of land Revenue:—
The produce of land for every year shall be
deemed to have been hypothecated for land Revenue due for that
year.
106. Produce
disposed of by sale etc., may be precautionary
measures for securing land revenue
withheld till payment of
land revenue:—
When the produce of any land is wholly or partly sold,
mortgaged, or otherwise disposed of whether by order of a court or
other competent department or with the desire of the land holder, the '[Collector]
may prevent such produce being removed until the land revenue for the current year has been paid, though the date for
the prescribed instalment has yet not
arrived. But in no case shall a produce or a portion of produce, which has been sold, mortgaged or
disposed of be detained on account of land revenue of a period exceeding
one year.
107. Power of 2[Collector] when apprehended
that revenue shall
not be recoverable:—
If the 2[Collector] has reason to
believe that any land holder is a defaulter or it is apprehended that land
revenue shall not be recoverable on any land in case the crop is reaped or the
produce is sold:-
(a) he may require that the standing crop of
the land liable to payment of land revenue shall not be reaped
without a notice to himself or to the officer appointed by him
for this work. Such notice shall be given in writing and returned
with acknowledgment receipt and if the crop has been reaped:
-
- -
1.
Amended by Act III of 1308-F.
2.
Subs. for the word Taluqdar" by the
A.P.A.O. 1957.
- - -
(b)
he may direct that such crop shall not be
removed from the land
on which it has been reaped, or from the place where it may have
been stored, without the written permission of the 1[Collector]
or
of other officer as aforesaid;
(c)
he may appoint a watchman, fixing his pay, to
watch that the
standing crop is not unlawfully reaped or removed without
permission. The pay of such
watchman shall not exceed five
rupees per month, and may be realised as an arrears of land
revenue from the land holders, but if the produce could be
watched through the village officers a paid watchman shall not
be appointed.
108. Issue
of orders provided for in Section 107 and penalty for
contravention thereof:—
Orders provided in clauses (a) and (b) of the preceding section
may be issued generally to all the
co-occupants or land holders or individually to any particular holder.
If the orders be made generally to all land
holders they shall be issued by proclamation to be made by beat of drum
and a copy thereof shall be affixed at some conspicuous place in the
village Chavadi. If the said orders be made individually they shall be
issued separately to each holder concerned. Any person who contravenes
the orders so issued or abets such contravention shall be liable, on conviction after a
summary enquiry before the 1[Collector]
to a fine not exceeding double the amount of the land revenue on the land in respect of produce of which the
offence is committed.
109. Reaping or removal of produce of land not to he
prohibited for
such long period as to damage
produce:—
The ' [Collector] shall not defer the reaping
of the crop and its removal so as to damage the produce of the land and if the land revenue
has not been paid within two months from
the date of attachment or with in such lesser
time as the 1[Collector] may fix in special cases, he shall
either release the produce and adopt
other measures to realise the land revenue under the provisions of this
Chapter or sell such portion of the attached
produce under the provisions of this Chapter relating to sale of movable property for the recovery of revenue
the price of which will be sufficient
for payment of revenue.
110. Attachment of village or part of village for land
revenue:—
If the holding consists of an entire village or of a part
of a village and
the 1[Collector] has reason to believe
that owing to a dispute among trie sharers
or for any other reason its land revenue will not be recoverable in the prescribed instalments, he may temporarily
attach the village or part of the
village and take it under his own management or entrust it to an officer or agent appointed by him for that
work.
- -
-
1. Subs. for the word " Taluqdar" by
the A.P.A.O. 1957.
- -
-
The provisions of Section 125 shall also
apply to any village or part of a village which has been temporarily attached
under this section and the income of the village or part of the village in
surplus after allowing the costs of attachment and management of the
land, and the payment of the land revenue and of the cost of survey and
settlement, if made under Section 77 shall be kept in deposit for
eventual payment to the person entitled to the same, or subject to
the orders of the 1[Board of Revenue], shall be paid
by the 2[Collector] to the person entitled to the same.
111. Precautionary measures to be suspended on security
being
furnished:—
The precautionary measures provided for in Sections 106 to
110 .shall be suspended or relinquished if the person responsible
for the payment of land revenue shall pay the entire costs of
attachment and management of the land up to the time of relinquishment
and shall furnish reliable security to the effect that the land revenue
shall be paid on the fixed date or in the prescribed instalments, as the case
may be.
Mode
of Instalments of Land Revenue
112. Government to determine date and instalments for
recovery
of amount:—
(1)
Land Revenue,
except under circumstances mentioned in
Sections 106 to 110, shall be payable in such instalments and
on such dates and at such places, and to such persons as may
be determined by order of the Government for this purposes.
(2)
No officer shall recover any instalment
before prescribed date.
Definitions
113. Arrears and Defaulter:—
An amount of land revenue not paid as above
shall be called an arrears of land revenue and the persons from
whom the arrear is due under Section 103 or any other section shall be called defaulters.
114. Liability incurred in case of non-payment of
arrears:—
If any instalment be not fully paid even
after the expiry of the prescribed time, the 2[Collector]
may adopt measures to recover both the entire amount of land revenue due by the
defaulter for the current year and the interest or penalty as maybe recovered
according to a scale fixed by the 3[Government] but if he is
satisfied that the arrear of land revenue is only due to poverty he may remit the
penalty or interest and refund the same if already recovered.
115. Certified account to be conclusive evidence as to
arrears:—
An account, certified by Peshkar or any other Taluqa
Officer, higher
in
rank than a Peshkar, shall be conclusive evidence of the existence of
- - -
1.
Subs. for the word "Subedar" by the
A.P.A.O. 1957.
2.
Subs. for the word "Taluqdar" by
the A.P.A.O. 1957.
3.
Amended by Act III of 1308-F.
- - -
the
arrear its amount, or of the person by whom it is due. On receipt of such
certified account, the 1[Collector] of one district shall proceed to recover
the arrear of land revenue of another district under the provisions of
this Chapter as if the arrear is of his own district.
Recovery
of Arrears of Land Revenue
116. Measures for recovery:—
An arrear of land revenue may be recovered by
the following measures and as far as possible, the measurers shall be
employed in the order mentioned below:
(a)
by issuing a notice to the defaulters under
Section 118.
(b)
by distraint and sale of the defaulter's
movable property under
Section 119.
(c)
by distraint and sale of the defaulter's
immovable property
under Section 120;
(d)
by arrest and detention of the defaulter under
Section 122;
(e)
by forfeiture of the right of occupancy in
respect of which the
arrear is due under Section 124;
2[(f)
* *
*j
117. Measures specified applicable to arrears due both
for previous
years and current year:—
The measures specified above may be employed for the recovery of arrear, both of previous years and of the current
year, but the preference provided in
Section 105 shall apply only to arrears for the current year, and the preference provided in Section 104 shall
apply to arrears for three years, except in case any measures for any
arrears commenced in the very year for which
it is due but it has not been fully executed by the end of the year and the execution is pending.
Notice
of Demand
118. When
and by whom notice of demand may be issued and its
costs:—
The Tahsildar may, on any day after the expiry of the date on
which the arrear accrues send on any day to the defaulter a notice of demand, and the cost of demand notice being two annas if
the amount of demand does not exceed ten rupees, four annas if it
exceeds ten rupees but does not exceed
twenty five rupees and eight annas in all other cases, may be recovered.
119. Distraint and sale of defaulter's movable
property:-—
The Tahsildar may distraint and sell the defaulter's
movable property. Such distraint shall be made by officers or
clerks appointed by him for this work.
-
- -
1.
Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
2.
Clause (f) omitted by the A.P.A.O. 1957.
- - -
1[120.
Distraint and sale of defaulter's immovable property:—
The 2[Collector] or the 3[Deputy
or] 4[Assistant Collector] may distrain the defaulter's immovable
property other than the land held by him, but where
such distraint has been made by the order of the Deputy or Assistant Collectors it shall not be sold except
with the sanction of 2[Collector]
121. Property
of defaulter exempt from attachment:—
All such property of the defaulter shall be
exempt from attachment and sale under the preceding sections as is
exempt under the 5[Code of Civil Procedure, 1908 from attachment and
sale in execution of a decree of a Court. The 2[Collector's] order as to what
property of the defaulter shall be exempt
from attachment and sale shall be final.
Arrest
and Imprisonment
122. Power to arrest defaulter and send him to. Civil
Jail:—
After an arrear becomes due, when it may not
appear possible to recover it in any other way the defaulter may be kept in custody
for ten days in the district or Tahsil
office, but if within the said period the arrear, together with penalty or
interest and the costs of arrest of and subsistence for the defaulter during custody and the cost of notice that
may be recoverable is recovered, the
defaulter shall forthwith be released.
If during the period of ten days the amount
due is not recovered the 2 [Collector] may thereafter or if he deems
fit before the expiry often days, send the defaulter a warrant to remain in
custody in the civil jail of his district but no defaulter shall be kept in
imprisonment for a period exceeding one month.
123. Power to arrest:—
The 6[Government may declare by notification]
the officer or class of officers empowered to arrest under Section
122 and the cost of arrest and scale of subsistence for the person under
custody.
Forfeiture of Occupancy and Eviction of Defaulter
124. Lease and sale of occupancy right:—
1[(1) The 2[Collector] may attach
the holding in respect of which land revenue is due and lease it out for a period
not exceeding ten years; but if in his opinion it is proper to sell such land he
may, with the sanction of the 7[Board
of Revenue] sell the right of
- - -
1.
Amended by Act III of 1324-F.
2.
Subs. for the word "Taluqdar" by
the A.P.A.O. 1957.
3.
Subs. for the words "Duwam Taluqdar" (Second Taluqdar)
by the A.P.A.O. 1957.
4.
Amended by Act No. III of 1355-F.
5.
Subs. for the expression "Hyderabad
Code of Civil Procedure" by A.P. A.O. 1957.
6.
Amended by Act No. III of 1355-F.
7.
Subs. for the word subedar by A.P.A.O.
1957".
- - -
(2)
occupancy
of the land. Any sum realised by auction or sale or through other management
of the land shall be credited to the account
of the defaulter.
The
Government may, whenever it appears necessary, by general or special order,
authorise any 1[Collector] or Additional Collector to
sell the land attached under sub-section (1) without the sanction
of the 2[Board of Revenue].
3|*
3[125
to 128. * *
* ]
Stay
of Proceedings for Recovery of Arrears
129. Recovery proceedings to be stayed on security
being given or
amount being paid:—
If, in the presence of the ' [Collector] or
other officer appointed by him for this purpose and if the defaulter is
imprisoned, before the officer of the Jail reliable security or amount in cash
towards payment of the aforesaid arrears and other costs is furnished
to the satisfaction of the 1[Collector] or such other officer he shall
forthwith be released from custody or imprisonment. Any person against
whom, under some measure, any proceeding for the recovery is pending
before any officer may deposit the amount demanded with that
officer stating that he has objection for the payment of the said amount.
130. Procedure for sale and publication of
notification:—
When an order for sale of the property of the
defaulter is made under the provisions of this Chapter the Tahsildar
or any '[Collector] or 2[Deputy or Assistant Collector] shall issue a
notification in the vernacular. 4[* * *] The notification shall contain the
following particulars:-
(a)
the time and place of sale;
(b)
by whose sanction the sale shall be made
final;
(c)
when the property to be sold is revenue land
its area and
revenue;
(d) other matters which the 1[Collector]
may think necessary.
Such notification shall be affixed at
some conspicuous place in the
chavidi
or any place in the village wherein the property was attached and the
Tahsildar's Office and its substance shall be proclaimed by beat of drum
in the village wherein the property was attached and in such places
also as the 1[Collector] may deem fit. If the property to
be sold be immovable property, a copy of the notification shall also
be affixed at some conspicuous place in the 1[Collector's]
Office and its substance shall be published by beat of drum at the
headquarters of the district;
-
- -
1.
Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
2.
Subs. for the word "subedar" by the
A.P.A.O. 1957.
3.
The heading "attachment of villages" and Sections 125 to
128 were omitted by the
A.P.A.O. 1957.
4.
The words "as well as in Urdu" were omitted by the APAO
1957.
-
- -
and
the 1 [Collector] may in addition to the aforesaid
method get every notification published in any other manner
also.
131. Objection in respect of attached property:—
When any objection is made by any person in respect of
any property for the sale of which notification has been issued and
not being a holding the right of occupancy of which has been
absolutely forfeited to the Government under Section 124, the l
[Collector] shall make a summary inquiry and decide it and excluding the
property in respect of which the objection is admitted he shall order the rest
to be sold.
132.
Sale shall be made through such persons as the
1[Collector] may appoint for the work on
a day not being a public holiday, during ordinary office
hours but not within at least thirty days if the property is immovable,
and seven days if it is movable from the issue of the notification
referred to in Section 130, but this provision shall not apply to
perishable articles, which irrespective of the restrictions as to said period
shall be sold immediately at the discretion of the officer conducting the
sale and he shall have power to finally conclude such sale.
The1[Collector]
shall have power to stay from time to time the sale for any
sufficient reason.
133. When sale may be stayed:—
If
at any time before the date fixed for the sale the arrear together with the other lawful charges is deposited by the
defaulter with the auctioneer or the
person appointed under Section 112 for the recovery of land revenue or if
reliable security is furnished under Section 129 the sale shall forthwith be stayed.
134. By whose sanction sale shall be final:—
Every sale of immovable property shall be
finally concluded by the sanction of the 1[Collector]
and that of movable property by the sanction of the officer empowered by the1[Collector] by a general or special
order.
135. Mode of payment of purchase money:—
The auction-purchaser shall pay the purchase
money as directed below:—
(a) When the sale is concluded before an
officer authorised to confirm and conclude it finally—
(1)
on account of movable property, in full,
immediately after the
sale is concluded or within such period as the officer conducting
the sale may fix.
(2)
on account of immovable property one-fourth,
as deposit,
immediately after the sale is concluded and the entire balance
within 30 days from the date of sale and if the thirtieth day be
a public holiday, then on the first day following the holiday.
- -
-
1. Subs. for the word "Taluqdar" by
the A.P.A.O. 1957.
- -
-
(b)- when the sale is concluded before an
officer who is not authorised to sanction and conclude it finally—
(1)
one-fourth, as deposit, immediately after the
sale is concluded.
(2)
the entire balance, on account of movable
property, before
sunset of the day on which the notice of sanction of the sale
is received, and on account of immovable property within
thirty days of the receipt of notice of sanction and if the
thirtieth day be public holiday then on the day following such
holiday.
136. Re-sale if
purchase-money is not paid within
prescribed
time:—
If purchase money is not paid within the
period provided in the preceding section, the deposit money, if any, after defraying
therefrom the expenses shall forfeit to the
1 [Government] and there shall be a resale and for every such resale, when it does not take
place on the day fixed and in the
meeting of the first sale, action shall be taken for the issue of a notice under Section 130. If the amount for
which the resale was concluded be less than the first sale the deficiency shall
be recovered from the purchaser at
the first sale as an arrear of land revenue and the purchaser at the first sale shall have no claim to
the property sold and the amount of
deposit forfeited.
137. Receipt for purchase money to be furnished and sale
as
concluded to become absolute:—
On payment of the purchase money the auction
purchaser shall get a receipt and after payment of full amount of
purchase money such sale, shall subject to the provisions of Sections 138 and
139, become absolute in favour of the purchaser as against all
other persons.
138. Application to set aside sale of immovable
property:—
At any time within thirty days from the date
of sale of immovable property application maybe made to the 2[Collector]
to set aside the sale on the ground of illegality of proceedings,
material mistake, or fraud, in conducting sale or publishing notification
but no sale shall be set aside on such application only unless the applicant
proves to the satisfaction of the 2[Collector] that he has sustained loss by
reason of the illegality, mistake or fraud.
If such application be allowed the 2[Collector] shall make order to set aside the sale with the
direction that it should be resold.
139. Order confirming or setting aside sale:—
If application for setting aside the sale is not made
under the preceding section or has been made and rejected the 2[Collector]
shall make an order confirming the sale; and if he thinks that
the sale may be set aside on reasonable ground though no such grounds
were set forth in the application rejected, he may, after
recording his reasons make an order setting aside the sale.
- - -
1.
Amended by Act III of 1308-F.
2.
Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
-
- -
140. Refund of purchase money if sale is not confirmed
or set
aside:—
Where the sale of any property is not
confirmed or is set aside the purchaser shall be entitled to receive back the
purchase-money or the deposit.
141. Putting purchaser into possession of holding sold
and entering
his name as pattadar in village
record:—
Where a sale of a holding for which an arrear of land
revenue is due is confirmed in accordance with the aforesaid
provisions, the 1[Collector] shall put the auction
purchaser into possession of the same and shall grant him a certificate to the
effect that the person has purchased the occupancy right of the land. The
certificate shall be treated as an authority for transfer of that land and the
name of the auction-purchaser shall be entered into the village
records as a pattadar; and no suit against the purchaser whose name has
been recorded in such certificate shall be entertained in a Civil
Court on the ground that the certificate holder is not in fact the
purchaser but that by mutual agreement certificate has been made in his
name.
142. Application of purchase money:—
The purchase money after the sale has been
concluded shall be applied first to the payment of expenses of
the sale and then to the payment of arrears due by the defaulter at the
date of conclusion of the sale and recoverable as an arrears of land
revenue, and the person whose property has been sold shall be entitled
to the surplus, if any. The expenses of the sale shall be assessed
according to the rules and orders approved by the 2[Government].
143. Liability of purchaser for payment of land
revenue:—
The person whose name has been entered in the
sale certificate as purchaser of occupancy right of the
Government land shall be liable for the payment of all instalments of land
revenue due in respect of such land subsequent to the date of sale.
144. Sums recoverable under provisions of this
Chapter:—
All the Government sums under the following heads may be recovered
under the provisions of this Chapter:—
(1)
Land revenue
(2)
Quit-rent
(3)
Nazrana
(4)
Peshkesh
(5)
Taxes
(6)
Local cess
(7)
Fine and penalties
(8)
Income from lands
- - -
1.
Subs. for the word "Taluqdar" by
the A.P.A.O. 1957.
2.
Amended
by Act III of 1308-F.
- - -
(9)
Rusum
(10)
Fees
(11)
Charges
(12)
Penal Interest
(13)
Lease money
(14)
Moneys recoverable from sureties
1[(15) Taccavi loans]
1[(16) All sums in respect of which provision
has been made in this Act or in any other Act that they be recovered as
arrears of land revenue.]
CHAPTER
X
Procedure
of Revenue Officers
145. Revenue Officer to be subordinate to his
superior:—
In all official works and proceedings a
Revenue officer shall be subject as to the place, time, and manner, of performing his duty,
to the direction and control of his
superior, provided there is no express provision
in the law to the contrary.
146. Power to issue summons for evidence and producing
document
etc.:—
Every Revenue officer not lower in rank than
a Peshkar of Tahsil 2[the Assistant Settlement Commissioner may issue
summons to any person to be examined as a party or to give evidence as a witness or to
produce any document or article, as the case
may be, for the purposes of an enquiry which
he is empowered to make. Such officer shall have all the powers which are vested in a
Every person to whom summons have been
issued shall attend either in person or by an agent as maybe directed in the
summons and state the truth upon any subject respecting which his statement
or evidence is recorded and produce such document and articles as may
be required.
147. Form, issue and service of summons:—
The provisions of the 3[Code of
Civil Procedure, 1908] (Central Act 5 of 1908) shall apply mutatis mutandis to the
form, issue and service of summons.
148. Code of Civil Procedure regarding sustenance
allowance to be
followed when party desires attendance
of witnesses:—
If any party, in any formal or summary
inquiry, shall desire the attendance of witnesses he shall follow the rules
contained in the 3[Code
- - -
1.
Amended by Act No. III of 1355-F.
2.
Subs. for the words "Madadgar Nazim
Paimaish Bandobust a
of Land Records) by the A.P.A.O., 1957.
3.
Subs. for the expression "Hyderabad
Civil Procedure Code" by ibid.
- - -
of Civil
Procedure, 1908] (Central Act 5 of 1908) regarding summons, allowance and sustenance to witnesses.
Formal Inquiry 149. Mode of recording evidence in formal inquiry:—
In a formal inquiry, the officer making the
inquiry shall in his own hand record evidence in full 1 [ *
* * ] or cause it to be recorded in his presence and under his personal superintendence that it may be
audible to him and sign it.
The cases in which the officer making the
inquiry is not able to record the evidence in his own hand, he shall in the
course of examination make, in his own hand, a memorandum of the
substance of the deposition of the witness and after signing
it cause it to be put on the file.
^ If such officer is not able to record such memorandum, he shall write
the
reason
of his inability.
£ 150.
Mode of writing of decisions:—
1 The competent officer
shall after completing the inquiry write every
j decision
in his own hand and fully record therein the grounds on which
the decision is based.
Summary
Inquiry
151. Mode of summary inquiry:—
In summary inquiry the competent officer
shall, in the course of
inquiry, record a minute of the proceedings in his own hand 1
[ ]
containing the material averments of the parties to the case, the gist of
i the evidence, and the decision and the reasons in brief for the same.
But
the officer making an
inquiry may, if deemed fit, in the cases where an inquiry directed by this Act is to be summary, act under all or any of
the rules in force for formal
inquiry. . 152. Formal and summary inquiry to be deemed
judicial proceedings and to be
conducted openly:—
In a formal or summaiy inquiry provided in
this Act the proceedings by a competent officer shall be deemed to be
judicial proceedings for purposes of 2[sections 183, 198
and 210 of the Indian Penal Code, 1860] and his office shall be deemed to be a
Every act and decision in a formal or summary
inquiry shall be i"n public, and the parties to the case or their
authorised agents, shall be duly given an opportunity for attendance. 153.
Mode of ordinary inquiry:—
An
inquiry which this Act does not expressly require to be either
formal
or summary or an inquiry which a Revenue officer may on any
occasion
deem necessary in the execution of duties, shall be conducted
A according to any special or general rules, made
under the order of the
2[Government] or at the
instance of a superior authority and subject to
- - -
1.
The words "in urdu" were omitted by
the A.P.A.O. 1957.
2.
Amended by Act III of
1318-F.
-
- -
such
rules the said officer shall in his discretion adopt such procedure as may be
fit for finding out facts and for the public welfare.
154. Manner of obtaining
copies and translation:—
In all cases in which a formal or summary
inquiry is made authentiated copies and translations of decisions, orders
and exhibits shall be furnished to the parties on application being made; and
original documents produced in evidence, if they have not been
impounded under any rule or by any order or decision, shall be
restored to the persons who had produced them; provided that
the full charges for copying or translation, as the case may be, have
been received in accordance with the rules as are in force by
the order of the Government.
155. Arrest to be made by warrant:—
When, under the provisions contained in this
Act, a defaulter or any other person is held liable to be arrested,
such arrest shall be made upon a warrant of arrest issued by an officer competent to order the
arrest, of such person.
156. Power to enter upon land or premises when
necessary:—
Every Revenue officer may, enter, whenever
necessary for measurements, fixing of boundary marks or inspecting of
boundaries, classification of soil, or assessment, or for any other
necessity connected with the discharge of duty, any land for premises, whether such
land or premises belongs to the Government
or to any private individual and whether
the revenue is partially or wholly realised from the land or not;
Provided that he shall not enter into any
house used as a dwelling without the permission of the occupier of the house and without
giving twenty-four hours' previous notice,
and on entering such a house due regard
shall be had to the religious and social ideologies of the occupier of the house.
157. Mode
of evicting unlawful occupant:—
Whenever a 1[Collector]
may desire to evict, under the provisions of this Act or any other
law, any person having unlawful occupation of any land,
such eviction shall be made in the following manner:—
(1)
a notice shall be served on the unlawful
occupant requiring him
to vacate the land within a fixed period from the date of receipt
of the notice;
(2)
if it is not obeyed such person shall be
evicted from the land by
force;
(3)
if such eviction is resisted and obstructed
by any person the
1 [Collector] may hold before him a summary
inquiry into the case
and if satisfied after inquiry into the facts of the case that the
resistance or obstruction was without any just cause and that
such resistance and obstruction continues, shall issue a warrant
for the arrest of the said person and keep him in custody in the
- - -
1. Subs. for the word Taluqdar" by the
A.P.A.O. 1957.
- - -
office
of the district, or Tahsil or send him with a warrant for imprisonment
in the Civil Jail of the district for a period not exceeding
thirty days as may be necessary to prevent the obstruction and
resistance. Explanation:—
Nothing in this section shall prevent
proceedings
against such person under
the 1[Indian Penal Code,
1860] (Central Act
45
of 1860).
2[CHAPTER
XI Appeal, Review and Revision
Appeal
158. Appeal from order of Revenue Officer:—
{1) Except as otherwise provided in this Act
for any other law for the time being in force, an appeal shall lie
against any decision or order passed by a Revenue Officer under this
Act or any other law for the time being in force, to his
immediate superior officer whether such decision or order may have been
passed in the exercise
of original jurisdiction or on appeal.
Explanation:— For
the purposes of this section superior officer with reference
to the decisions and orders of Tahsildars shall mean the 3[* *
*] 4[Collector] 3[* * *] concerned, or the 5[Deputy
or Assistant] 3[* * *] 4[Collector] entrusted
with the control of the Taluqa and specially invested by the 6[Government]
with powers to hear appeals against the decisions and orders of Tahsildar subordinate
to him.
7[(2) Subject to the provisions of 8[the
Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F.],
(Regulation LX 01 1358 F.], (an appeal shall lie to the Government from any decision or order passed by a Collector or
Settlement Commissioner except in
the case of any decision or order passed by such officer on second or third appeal.]
(3) When on account of promotion or change
of designation, an appeal against any decision or order lies
under this section to the same officer who has originally passed the
decision or order appealed against, the appeal shall lie to the officer competent under this section to hear appeals against the
decisions of the said officer.
-
- -
1.
Subs. by the reference "Hyd, Penal Code" by the A.P.A.O.
1957.
2.
Amended
by Act No. 1C of 1345-F.
3.
Omitted by Act III of 1355-F.
4.
Subs. for the words "Taluqdar" by
the A.P.A.O. 1957.
5.
Subs. for the words "Duwam Taluqdar
(Second Taluqdar), by ibid.
6.
Amended by Act III of 1318-F.
7.
Subs. for sub-section (2) ibid.
8.
Subs. for the original short title by A.P. Act IX of 1961.
-
- -
I
1(4) Subject to the provisions of 2[the
Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F.],
(Regulation L of 1358 F.) if any decision or order is varied
or reversed on revision or review in accordance with the provisions
hereinafter laid down, an appeal shall lie from the order
passed on such revision or review as if such order were an original
order or decision.]
159. Non-appealable orders:—
The
following orders shall be non-appealable:—
(1)
order for exemption form period of limitation
for a memorandum
of appeal or application for review under3 [Section 5 of the
Indian
Limitation Act, 1908 (Central Act 9 of 1908).]
(2)
order rejecting an application for revision
or review.
160. Period of Limitation:—
Except as otherwise provided in this Act the
period of limitation for the appeal preferred under Section 158 shall
be as follows:—
(1)
when the appeal is against the order or
decision of an officer
lower in rank to a 4 *
*] 5[Collector] 4[* *
*] 6[Settlement
Commissioner], 60 days;
(2)
in all other cases, 90 days.
161. Original order
or copy thereof to be
filed along with
memorandum etc.:—
The original order or decision appealed against or an authentic
copy thereof shall be filed along with every
memorandum of appeal.
162. Powers of appellate authority:—
The appellate authority may admit the
memorandum of appeal after or without calling for the record of the subordinate
department or may after calling for the record and hearing the
arguments of the appellant summarily dismiss without admitting it;
provided that when the memorandum of appeal is time-barred or the
decision is non-appealable the record of the subordinate department shall
not be called for.
(2)
If the memorandum of appeal is admitted, a
date shall be fixed
for the hearing and the respondent informed of it by a notice.
(3)
The appellate authority may, if the parties
be present after
hearing their arguments and if, inspite of the due service of
notice, any party be not present, after perusing the existing
record;
(a) annul, vary, modify or confirm the order
or decision of the subordinate department; or
-
- -
1.
Subs. for the sub-sections (4) by the A.P.A.O. 1957.
2.
Subs.
for the original short title by A.P. Act IX of 1961.
3.
Subs. for the reference "Section 5 of
the Hyderabad Limitation Act" by the A.P.A.O. 1957.
4.
Omitted by Act III ofl 355-F.
5.
Subs. for the word "Taluqdar" by
the A.P.A.O. 1957.
6.
Subs. for the words "Nazim Paimaish
bondobust or Nazim bed Records" (Commissioner
Survey
Settlement or Commissioner of Land Record) by ibid.
-
- -
(b)
order
the subordinate department to make further enquiry or take
further evidence; or
(c)
take
such further evidence himself or by sending back the case
to the subordinate department direct it for its disposal in the
manner he may deem it. 163. Power to stay execution:—
(1)
When a memorandum of appeal is admitted the
appellate
authority may, pending decision of the appeal, direct the execution
of the order or decision under appeal to be stayed.
(2)
Any Revenue officer who has passed an order or
decision or
his successor may, if an appeal against the order or decision has
not been preferred to a competent officer, on the application of
any aggrieved party at any time within the period of appeal stay
the execution of such order or decision for such period (not
exceeding three months, in any case) as he may deem fit in order
to enable the aggrieved party to present a memorandum of
appeal to the competent officer and obtain an order for the stay
of execution.
Orders under this sub-section by which
execution is stayed or refused to be stayed shall not be appealable.
(3) When an order of stay of execution is passed under sub-sec. (1)
or (2) the appellate authority or the
executing officer may, at his
discretion, take security from the
party concerned or impose any
other conditions as may be deemed
fit.
1[164.
Final order to be deemed non-appealable:—
Whenever in this Act or any rule or order made
thereunder, it is declared that a decision or order shall be
final, such expression shall be deemed to mean that no appeal lies from such
decision or order but, subject to the provisions of 2[the
Andhra Pradesh {Telangana Area) Board of Revenue Regulation, 1358F (Regulation
LX of 1358F). the Government may under Section 166-B, annul,
vary or modify even a final order or decision.] 165.
Propriety or reconsideration of order passed on motion of
incompetent
officer:—
If in any case on the motion of any officer
who is not competent to deal with it, a superior competent officer passes
any order in the first instance, nothing shall prevent such
competent officer, on the application of any party, to reconsider the said order
and modify, annul, or vary it and such modification, annulment or variation
shall be deemed to be in the first instance.
- - -
1.
Subs. for Section 164 by the A.P.A.O. 1957.
2.
Subs. for the original short title by the A.P. Act IX of 1961.
-
- -
Review 166. Review:—
(1) Every Revenue officer may, either himself
or on the application of any party when the application is
accompanied by the original order or decision or by an authentic copy of
such order or decision against which the review is desired, review the
order or decision passed by him or his predecessor and make such
order as he may deem fit.
Provided
that an application for review shall be made on the following grounds only:—
(a)
when some new and important matter or evidence
has been
discovered which the applicant even after due diligence, could
not know or adduce till the order or decision was passed; or
(b)
when some mistake or omission, by reasons of
which the
applicant has suffered loss, is apparent on the face of order or
decision; or
(c)
When there is some other reasonable ground for
review.
(2) (a) Where it appears to the reviewing
authority that there is no reasonable ground for review he shall reject the
application, but before rejecting the application, the person applying
for review shall be given an opportunity to produce arguments
in support of the application.
(b)
Where such authority is of opinion that the
application for
review should be granted, he shall grant the application but
before doing so the opposite party shall be given an opportunity
of being heard.
(c)
Where such application is on the ground of the
discovery of
new and important matter or evidence which the applicant
alleges was
not within his knowledge or could not be produced
by him till the order or decision was passed,
it shall not be
granted unless such allegation is
fully proved.
(3) Where in the opinion of a 1[* *
*] 2[Settlement Commissioner] or the 3[collector] 1[* *
*) the review of an order or decision not passed by him is necessary or when any other
Revenue officer, below the rank of a1[*
* *] 3[Collector] 1[*
* *] 2 [Settlement Commissioner]
desires to review an order or decision whether passed by him or his predecessor every such officer shall before granting the application for review obtain the
sanction of such officer or higher
department whose immediate subordinate he may be.
- - -
1.
The words "Subedarya" or Subedar
were omitted by the A.P.A.O. 1957.
2.
Subs.
for the words "Nazim Paimaiash bandobast, Nazim Land Records'
(Commissioner of Survey Settlement, Commissioner of land Records) by
ibid.
3.
Subs. for the words "Taluqdar" by
ibid.
- - -
(4)
No order or decision shall be modified or
annulled on review
unless all the parties to the case to be affected are summoned
and heard against the order or decision under review.
(5)
When a memorandum of appeal or application for
revision has
been filed against any order or decision, such order or decision
shall not be reviewed.
(6)
No order or decision shall be reviewed which affects the mutual
rights of the riot unless an application is
filed by some party to
the case and such application for
review shall not be admitted
unless it is filed within 90 days form
the date of the order or
decision.
(7)
When an order or decision has been disposed
of in appeal or
revision, no Revenue officer lower in rank to the authority
hearing the
appeal or revision shall be competent to review such
order or decision.
(8)
For purposes of this section, the l[
* * *] 2[Collector] 1[***] shall
be deemed
to, be the successor of every such Revenue officer in
the district as may not be present within the limits of the district
or who has ceased to have powers in the
Revenue Department:
Provided that his successor has not
been appointed.
(9)
Orders passed in review shall on no account be
reviewed.
CASE
LAW
Sections 166 and 166-B - Review - No fraud or
mis-representation - No subsequent discovery of important material or evidence.
Power of review sought to be exercised by the Government is neither
just nor reasonable but influenced by other consideration. Every thing
was not fair with the authorities -It deserves discouragement. M/s.
G.O. issued by Government in 1984 was
confirmed by High Court in a writ petition — Government issuing another G.O. in 1992 in
modification of G.O. of 1984 in exercise of its
revisional power under Sec. 166 is without jurisdiction. M/s. Muthyafrao Co-operative
Housing Society Ltd. vs. GovemmentoJA.P., 1995(2)
ALT381 (1997(4) ALT317-followed).
Power of Review of Government- G.O.Ms.
No.1699, Revenue (Q) Dept., dated
- - -
1.
Omitted by Act III of 1355-F.
2.
Subs.
for the word "Taluqdar" by ibid.
- - -
Review - Authority who passed the order
cannot review its own order beyond the prescribed period of limitation. Such an
order either can be set aside or can be modified only by higher
authority. Government issuing a G.O. modifying earlier G.O. in exercise of its
power of review beyond period of limitation - Not legal. M/s. Muthyalrao
Co-op. Housing Society Ltd. vs. Government qfA.P.; 1995 (2)
ALT381 (1997 (4) ALT 317 - followed).
Review - Petitioner Society filed a suit for
injunction against 4th respondent Association and obtained interim
injunction. High Court in earlier writ petition held that reasons given in earlier G.O. of 1984
are substantially correct and that parties could agitate their rights in the
pending suit. Petitioner Society later withdrew the suit. 4th respondent
approached Government to review its earlier
G.O. of 1984 without objecting withdrawal of suit, nor filing its own suit for declaration of its rights.
When High Court upheld earlier G.O. of 1984, passing of G.O. of 1992 by Government modifying earlier G.O. in exercise
of its power of review is without
jurisdiction. M/s. Muthyalrao Co-op. Housing Society Ltd. vs. Government ofA.P.. 1995 (2) ALT381 (1997 (4) ALT 317 - followed).
Review — Petitioner-Society never made
representations to Government to review 1984 G.O. — It made representations to Government only to issue
directions to District Collector to comply
with 1984 G.O. — Passing of G.O. of 1992 only on representations of 4th respondent-Association made nearly 6 to 8
years after 1984 G.O. is not only barred by time but also an unjust
order. M/s. Muthyalrao Co-operative Housing Society Ltd. vs. Government ofA.P., 1995 (2) ALT 381.
Word 'ryot' used in sub-sec.(6) of Sec. 166
meant the person liable to pay land Revenue to State. It does not
mean agricultural ryots only. Section 166(6) applies to all cases of review
affecting rights of parties relating to not only agricultural lands but also
house plots. M/s. Muthyalrao Co-op. Housing Society Ltd.
vs. Gout. ofA.P., 1995 (2) ALT 381.
Sections 166 (1) and 166 (6) - Power of
review of Government - Wherever review affects mutual rights of parties, review has to be
done only on an application made by a party to original order within ninety days from the date of order under Sec.
166(6). G.O.Ms. No. 1699, Rev. (Q)
Dept, dated
Sections 166(1) and 166-A and Limitation Act,
1963, Art. 124 - Suo motu review -Period of limitation. Even suo motu power of
review cannot be exercised at any time. It shall be done only within 30
days from date of order under Section 166-A of Land Revenue Act read
with Article 124 of Limitation Act. M/s. Muthyairao Co-operative Housing
Society Ltd. vs. Govt. ofA.P., 1995
(2) ALT 381.
166-A. Application of
Limitation Act:—
The provisions of the 1[Indian
Limitation Act, 1908 (Central Act 9 of 1908)] shall as far as possible, apply to
every memorandum of appeal and application for review under this Act.
Revision
166-B.
Revision:—
(1) 2[Subject to the provisions of 3[the
Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F], the
Government] or any Revenue officer not lower in rank to a 4[Collector]
the 5[Settlement
- - -
1. Subs. for the reference "Hyderabad
Limitation Act" by Act III of 1355-F.
1.
Subs. for the words 'Sarkar-i-ali" (the
Government) by Act III of 1355-F.
2.
Subs. for the original short title by A.P. Act IX of 1961.
3.
Subs. for the word "Taluqdar" by
the A.P.A.O., 1957.
4.
Subs. for the words "Nizam Paimaish
Bandobast, Nazim land Records (Commissioner
of Survey
Settlement, Commissioner of Land Records)" by ibid.
-
- -
Commissioner] of Land Records may call for the record of a case or proceedings
from a subordinate department and inspect it in order to
satisfy himself that the order or decision passed or the proceedings taken
is regular, legal and proper and may make suitable order in that behalf;
Provided that no order or decision affecting
the rights of the ryot shall be modified or annulled unless the concerned
parties are summoned and heard.
(2) Every Revenue Officer lower in rank to a 1
[Collector] or 2[Settlement
Commissioner] may call for the
records of a case or proceedings for
a subordinate department and satisfy
himself that the order or
decision passed or the proceedings
taken is regular, legal and
proper and if, in his opinion, any
order or decision or, proceedings
should be modified or annulled, he
shall put up the file of the case
£ with his opinion to the 1[Collector]
or 2[Settlement Commissioner]
as
the case maybe. Thereupon the 3[* * *] '[Collector] or 2
[Settlement
/ Commissioner] may pass suitable order under the
provisions of
I sub-section
(1).
(3) The original order or decision or an authentic copy of the original
*• order or decision sought to be revised shall be filed along with every
application
for revision.
CASE
LAW
Orders
passed by the Commissioner of Survey, Settlements and Land Records, A.P.
7 Hyderabad
(2nd respondent) directing the implementation of Assal Sethwar is a proceeding
taken within the meaning of Sec. 166-B of the Act.
MirzaMufcoram.Ali.Baig us. Gout, of A.P.. 2001
(2) ALT 16.
Section 166-B and Constitution of India,
Art.226. Order of the Revisional Authority i.e., Government challenged on various
grounds. Every order or decision passed in a case and the proceedings taken by a Subordinate Officer is susceptible to the
revisional jurisdiction of the
Government or the Specified Authority under Sec. 166-B of the Act. Mirza Mufcaram Ali Baig us. Government of
A.P., 2001 (2) ALT 16.
The order or decision in a case including
the proceeding on the file of a subordinate to the Government could
be revised by the Government in exercise of its revisional jurisdiction -
Explained. Mirza Mufcaram Alt Baig vs. Government of A.P., 2001 (2) ALT 16.
The
validity of the order passed by the statutory authority (i.e., appellate or
revisional authority) must be judged by the reasons recorded therein and cannot
be construed in the light of subsequent
explanation by the authority concerned or by filing an affidavit. The
revisional authority is required to apply its independent mind to the facts and
issues that arise for consideration and decide the same in accordance
with law. Mirza Mufcaram Alt Baig
vs. Government of A.P., 2001 (2) ALT 16.
Section 166-B (2) and A.P. Non-Agricultural
Lands Assessment Act, 1963, (NALA), Sees. 5 and 6. NALA was enacted for levy of
assessment on lands used for non-agricultural lands. It is a self-contained
Code. Land Revenue Act was enacted to amend and consolidate orders and
Regulations relatingto land revenue. Under Sec.6 of NALA, RDO has revisional jurisdiction on the
orders passed by the appellate authority. Such a revisional order when attained finality cannot be reopened by the Joint
Collector by exercising his revisional powers u/s. 166-B (2) of the Land
Revenue Act. The order of Joint Collector is a nullity -Cannot be sustained. Voltas Ltd. vs. Joint Collector, Medak, 2001 (2)
ALT 269.
Section
166-BandA.P.RightsinLandandPattadarPassBooksAct, 1971-Cancellation of
assignment - First petitioner playing fraud in collusion with officials of
local administration and obtaining assignment in his favour and in
favour of three of his close kith and kin of
- - -
1.
Subs. for the word Taluqdar" by the
A.P.A.O., 1957.
2.
Subs.
for the words "Nizam PaimaishBandobast, Nazim land Records (Commissioner
of Survey Settlement, Commissioner of Land Records)" by ibid.
3.
Omitted by Act III of lb55-F
-
- -
Acs.
5-00 of land to each who are non-locals and are not landless poor persons and
do not belong
to weaker sections of the Society for whom only assignment of Government land is intended. Subsequently, he managed to obtain
reassignment of the very same land to two freedom fighters without cancelling
the earlier assignment and got the sale of those lands from them in favour of petitioners 2 and 3. Entire transaction of
assignment to different individuals
is confined only to paper which is nothing but a sham and nominal one. Those persons were never in possession of
the land assigned to them. First petitioner only continued and enjoyed
the entire Acs.20-00 of land himself. None of the assignees other than 1st petitioner offered explanation to
the show-cause notice issued for cancellation
of assignment. Cancellation of assignment by Joint Collector rejecting the explanation
of 1st petitioner. Not illegal in the circumstances of the case. Right and
title of Government not affected by
transaction of sale when once assignment is cancelled. Petitioners not entitled to copy of preliminary
report of enquiry held preceding show-cause notice. District Collector directed
to enquire and initiate action against erring officers who colluded with petitioners facilitating
appropriation of Government land by petitioners. Gadiraju Narayana Raju. vs. Joint Collector,
Khammam, 2001 (4) ALT 767.
Principles of natural justice - Assignment of land - Revisional
power of Collector to cancel assignment. If
one officer hears a party and if another officer decides the issue and passes
an order, it amounts to violation of principles of natural justice. Show-cause
notice issued and assignee heard by
one Joint Collector but order of cancellation passed by another Joint
Collector. Order liable to be set aside as violative of principles of natural justice.Laxminarayana us. Jt Collector,
Khammam 1998 (2) ALT258= 1998 ALT (Rev.) 316.
Revision - Land assigned in 1984 to
petitioners as Scheduled Tribes — Show-cause notice for cancellation of assignment issued
in 1994 - No allegation made in show-cause notice
that assignment was obtained by playing fraud or misrepresentation — In the absence
of such averment, exercising of revisional power of cancellation of assignments
after a period often years. Unjust and
unreasonable - Petitioners spent sufficient money for improving the land
and constructing tiles factory. Impugned order of cancellation set aside and directions given to issue title deeds to
petitioners. Loxminarayana us. Joint Collector,
Khammam, 1998 (2) ALT 258 = 1998 ALT (Rev.) 316.
Powers of revision of Collector delegated to District
Revenue Officer — Once D.R.O. exercises power of revision as delegated
authority, Collector in exercise of his supervisory powers
over subordinates cannot revise order of delegated authority exercising his
revisional powers — General supervisory powers do not extend to statutory
orders of subordinates.
Gudepu Sailoo vs. Government ofA.P., 1997 (5) ALT 598.
Revision by Government — Resumption of assigned lands —
District Revenue Officer to whom powers of revision of Collector were delegated
passing an order that lands cannot be resumed — Collector suspending the said
order — Government in suo motu revision ratified suspension order of Collector and
remanded the matter to Collector to make an enquiry and pass final order — Such
an order of Government held to be irregular as it amounts to delegating its
power to Collector whose power itself was earlier delegated to District Revenue Officer. Gudepu Sailoo us.
Gouernment o/A.P., 1997 (5) ALT 598.
Revisional power of Government — Resumption of assigned
lands by Government for alleged irregularities 34 years after
assignment — Unreasonable and arbitrary — Even though no period of
limitation is prescribed for exercising revisional power, such power be
exercised within reasonable time — Period of limitation may be 90 days as in
the case of appeal and at the most it should not exceed one year.
Gudepu Sailoo us. Government o/A.P., 1997 (5) ALT598 (AIR 1969 SC 1297 and AIR 1983 SC
1239 - followed).
Amendment by Act No. 27 of 1990 —
Introduction of new Section 166(C) — Came into force with Effect from
27-12-1990 — Confers powers on the State Government to review, either
suo motu or on application, its earlier order " passed under any mistake,
whether of
fact or of law or in ignorance of any material fact". G.O.Ms.No.172/- dt.
1-12-1989 — The State Government, on
consideration of the petitioner's case directed under the aforesaid G.O. the mutation of petitioner's name
in the revenue Records — which order the Government sought to review
under the new Sec. 166-(C). (1) Petitioner's contention that having ordered mutation of Petitioner's name in the Revenue
records, it is not competent for the
Government to review its order under the new Section 166 (C) — Constitutional validity of Section 166-C
questioned. K. Narayana Rao vs. Principal Secretary, Revenue Dept,
Hyderabad; 1997 (2) An.W.R. 557.
Assignment
of Government land - Revisional power of Collector under Sec. 166-B of the Act be exercised within a reasonable period
having regard to the facts and circumstances
of
each case. Exercise of that power by cancelling assignments of lands made several
years prior thereto and when third parties' interests are
involved having acquired rights and interests in the lands and when pucca
buildings were constructed therein investing huge sums
of money in the mean time - IIIegal, unreasonable and oppresive. Smt. P.
Mangamma vs. women's Co-op. Housing Society Ltd. 1995
(3) ALT330 (DB) (1997 (4) ALT 317-followed). Assignment
of Government poramboke land to certain persons by Tahsildar in 1953 under
the Laoni Rules, 1950 - Possession given to assignees and assignees selling
those parcels
of land to a Society. Lay out plan submitted by Society approved by
Municipality
- Plots allotted to its members. Some of the
allottees selling those plots to third parties,
Houses
constructed by some allottees and other purchasers. Certificate of possession
issued by Tahsildar showing that the said certificate
was issued under Orders of Collector.
Cancellation of the said assignment of lands made by
Tahsildar by Collector in exercise
of
his revisional powers under Section 163-B on the premise that assignment was
made
without seeking approval of Collector, thirty one years
after assignment and after
construction
of pucca buildings investing huge sums of money by third parties. Irrational,
unreasonable and violative of fair play in administrative
action. Impugned orders of
cancellation
of assignment - Quashed. Observation made that if authorities interfere with the possession and enjoyment of the owners of
those parcels of land they may approach competent Civil Courts for
orders of injunction. Smt P. Mangamma vs. Women's Co-op. Housing Society Ltd., 1995 (3) ALT330 (D.B.) (1997 (4) ALT 317-followed).
CHAPTER
XII Miscellaneous
167. Inspection of maps survey records and village accounts and
granting copies thereof:—
Subject to such rules and after taking such
fees as the Government may prescribe by notification, settlement
records, all maps and village accounts shall be open to the inspection of
the public and copies and extracts thereof may be given.
CASE LAW
Section
167 and the A.P. Record of Rights in Land and Pattedars Passbooks Act, Sec.7
- The
above provisions not only cast a duty on the respondent to keep village
accounts and
the record of rights etc. open to the inspection of the public but also
confer a right on the
fue public to obtain certified copies of the
same.
The petitioner claims to have some interest
over the land in respect of which he has sought certified copies. May be, it is
classified as Government Land in Revenue records. It is
not the request of the petitioner to issue him certified copies after altering
the classification of the land. Issuance of certified copies of the original
record relating to the land in question will not alter the character of the
land. Nor, will it create any right in favour of the petitioner. Thus
there can be no objection for furnishing him the required certified copies.
The Petitioner is entitled to have certified copies of the
documents he has sought for. K. Peeda Jangaiah vs.
MandalRevenueOflicer. 1996(l)An.WR 191=1996(1)APLJ 118.
168. Rules for partition of an area on which land revenue is levied:—
The following rules shall be enforced at the partition of
any area on which land revenue is levied:—
(1) The area shall be divided as far as possible according to numbers
without sub-dividing any number;
But if the partition cannot be completely
effected without subdividing a number, such number may be
sub-divided by the 1 [Collector],
subject to the provisions of Section 79.
(2) Any number or its pote-number which may remain undivided
after the partition has been carried
out under the preceding rule
- -
-
1. Subs. for the word
"Taluqd"-' by A.P.A.O. 1957.
- -
-
and
which is incapable of sub-division or further sub-division according
to Section 79, shall be made over to one of the sharers; provided
that such sharer pays to the other sharers the consideration for their
shares or they shall be sold or auctioned and the proceeds divided among all the
sharers or disposed of as the 1 [Collector] thinks
fit.
(3) The expenses properly incurred in making
such partition shall be recoverable as an arrear of land revenue
in such proportions as the l [Collector] thinks
fit from all the shares or from the persons at whose request partition is made or
form the persons interested in such portion.
2[169, 170, 171]
172.
Power to make rules:—
(1)
The Government may, by notification published
in the 3[Official
Gazette], make rules not inconsistent with the provisions of this
Act, the carry out the purposes and objects of this Act and for the
guidance of all persons in the matters connected with the
enforcement of this Act or in matters not expressly provided for
in the Act.
(2)
In particular, and without prejudice to the
generality of the
foregoing power, rules may be made with regard to the following
matters:
4[* * *]
(a)
the appointment of Revenue officers and the
exercise of their
powers and their duties;
(b)
where the appointment of the officials is
subject to furnishing
security, the manner in which security shall be taken from
them and the nature and the amount of such security;
(c) 5[***]
(d) 6 [***]
(e)
the assessment of land revenue and the alteration and revision
of such assessment and the recovery of land revenue;
(f) the disposal of attached land;
7[(f-1) to prescribe the manner of
publication of the notification and of the service of the notice
referred to in sub-section (3) of Section 46-A;]
(g) the maximum amount of fine leviable under Section 57;
(h) the purpose for which land assessed for land revenue
may or may not be used and to grant permission to use
agricultural land for non-agricultural purposes;
- - -
1.
Subs. for the word "Taluqdar" by
A.P. A.O. 1957.
2.
Omitted
by A.P.A.O. 1957.
3.
Subs.
for the word "Jarlda" by the A.P.A.O. 1957.
4.
Proviso
was omitted by ibid.
5.
Omitted
by the Act XLIV of 1952.
6.
Clause
(d) was omitted by the A.P.A.O. 1957.
7.
Added
by Act XLIV of 1952.
- - -
(i) issuing of notice in the matter of
enhancement of rent and eviction from land by the holder to the Asami
or by the Asami to the holder under Section 71;
(j) prescribing the area of a number under
Section 79 and the records, registers, accounts and maps to be
maintained for the purposes of this Act and the manner and
forms in which they shall be prepared and maintained;
(k) the interest or penalty chargeable if land
revenue is not paid in time;
(1) regulating the conduct of survey and
settlement and land revenue and prescribing the notice to be issued under Section 84 before the introduction of settlement;
1[(m)
* *
*]
1[(n)
* *
*]
(o)
the division of survey numbers into pote-numbers and the
assessment of pote-numbers under Section
89-B.
(p) the construction, laying out,
maintenance and repair of boundary
marks;
(q) the mode of drawing up plaint, appeal,
application for review and revision of prescribing forms and the manner
of presenting them.
CASE
LAW
Section
172 and A.P. (T.A.) Grant of Lease of Lands for Non-Agricultural Purposes Rules, 1977, Rules 5, 6, 7 and 15 - Rules 5, 6, 7
and 15 and A.P. (T.A.) Alienation of State Lands and Land Revenue Rules, 1975, Rule 4 and A.P. (T.A.) Land Revenue
Act, 1317 Fasli, Sec. 172 -
Government land - Alienation/Lease - Government has no unlimited discretion in the matter - Statutory Rules be
followed. Lease Rules not followed in leasing out the land to respondents
5 and 6 and in delivering advance possession. No application made in the prescribed format for grant of lease.
No provision in the rules to deliver advance
possession of land before sanction of lease. Market value not ascertained -Requirements
of the Departments of Government and other bodies - Ignored. No finding or observation made that the land leased out is
for any public purpose. Maximum period of
lease shall not exceed 25 years. No reasons given for granting lease for 30
years. Action of District Collector
in delivering advance possession is contrary to Rules. Decision of Government
to grant lease for 30 years to Respondents 5 and 6 subsequent to delivery of possession by District Collector - IIIegal and
ultra vires the Rules. A decision ultra vires the Rules even though not mala
fide - Liable to be set aside. Directions given to resume the land from the possession of Respondents 5 and
6. Road Metal Industry vs. Government of A.P., Revenue Department, 2001 (5)
ALT 670.
173.
Punishment for breach of rules:—
(1)
The Government may prescribe punishment for
breach of rules
which may either be imprisonment to the extent of one month
or fine which may extend to five hundred rupees or both.
(2)
Under
sub-section (1) punishment on
conviction shall be
awarded by a magistrate.
- -
-
1. Clauses (m) and (n) were omitted by the
A.P.A.O. 1957.
- -
-