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 Andhra Pradesh.]

(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 A.P. vs. Md. Asarfuddin Khan, 1966 (2) ALT 331.

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;                               

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*.           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 "Hyderabad area of the State of Andhra Pradesh" by A.P. Act IX of 1961.

4.    Amended by Act III of 1355-F.

5.          Subs. for the origional short title by A.P. Act IX of 1961.

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(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

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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.

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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 A.P., ILR 1964 A.P. 1237.

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) * * *]

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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.

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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

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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.

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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

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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.

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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

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1.            Subs. for the word "Tahsildar" by A.P.A.O. 1957.

2.            Subs. for the word "Subedar" by ibid.

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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

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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.

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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.

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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.

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(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.         Sale of Irsali trees out side reserved area:—

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

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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.

 

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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 Forest.]

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

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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.

 

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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

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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.

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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 Khalsa Land and Right of Occupants 54. Procedure for acquiring unoccupied land:—

(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; the
1[* * *! 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 Civil Court shall have effect on such land nor
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 Superior Holder and Shikmi-Holder

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 (18-3-69).

 

- - -


(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. Union of India vs. VasaviCo-operatiue Housing Society Ltd. 2002 (5) ALT370 (D.B.).

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 (19-4-1976).

 

- - -


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 A.P. and others; 1999 (2) ALT 727 (D.B.) = 1999 ALT (Rev.) 557.

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 A.P. and others; 1999 (2) ALT 727 (D.B.) = 1999 ALT (Rev.) 557.

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 (19-4-1976).

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 Civil Court after one year from
order of Collector:—

No suit against the order of the 2[Collector] made under Sec. 101 shall be instituted in any Civil Court after one year from the date of the order.

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 by whom and when to be made:—

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 Civil Court under the 3[Code of Civil Procedure, 1908] (Central Act 5 of 1908) to compel the attendance of person to whom summons has been issued or the production of document or other article.

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 Madadgar Nazim
Land
Records" (theAsst. Commissioner of Survey Settlement or Asst. Commissioner
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 Civil Court.

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. Yamunanagar Co-operative House Building Society vs. Government of A.P.; 1997 (4)ALT317 (D.B.) (1995 (3) ALT 330 and 1995 (2) ALT 381 - followed).

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 17-11-1984 modified by G.O. Ms. No. 1049, Revenue (ASN-III) Dept., dt. 15-10-1992 — Possession of thirty acres of land handed over by Social Welfare Department to petitioner Housing Society in 19/4 for allotment of plots to its members — Plots were allotted by Society to 265 members — Constructions put up by members — When Government Officials attempted to demolish the constructions, representations made to Government by Society for regularising allotment of plots in favour of its members — 4th respondent Association also made representations — On considering both representations, 1984 G.O. was issued to regularise house site plots allotted to members of petitioner society — When many members completed constructions investing huge amounts, upsetting of G.O. of 1984 by impugned G.O. of 1992 would cause great hardship and loss to members of petitioner-Society — Impugned G.O. of 1992 is unjust and arbitrary — Applying of eligibility rule of 1991 to members of petitioner Society long after allotment of plots — Unreasonable — Impugned G.O. quashed. M/s. Muthyalrao Co-operative Housing Society Ltd. vs. Government ofA.P.; 1995 (2) ALT 381 (1997 (4) ALT 317 - followed).

- - -

 

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 17-11-1984 passed considering representations of Petitioner Society and 4th Respondent Association. G.O.Ms. No. 1049, Revenue (ASN-III) Dept., dated 15-10-1992 passed by Government in exercise of its power of review, on representations made by 4th Respondent after 6 to 8 years of 1984 G.O., i.e., beyond ninety days from date of order - Barred by time. M/s. Muthyalrao Co-op.Housing Society Ltd. vs. Government of A.P., 1995 (2) ALT381 (1997 (4) ALT 317-followed).

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;

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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.

 

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(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.

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1.  Clauses (m) and (n) were omitted by the A.P.A.O. 1957.

 

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