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2019 DIGILAW 168 (AP)

K. Muralidhar v. State of Andhra Pradesh

2019-08-05

K.VIJAYA LAKSHMI

body2019
ORDER : K. Vijaya Lakshmi, J. 1. Heard the learned Counsel for the petitioner, learned Government Pleader for Revenue appearing for respondents 1 to 4 and Sri K.V. Raghuveer, learned Counsel appearing for the 5th respondent. With their consent, this writ petition is being disposed of at the stage of admission. 2. This writ petition is filed to 'declare the action of the 3rd respondent in issuing urgent notice vide Rc.E.3997/2018 dated 10.12.2018 to appear with all records to conduct an enquiry on the appeal filed by the 5th respondent for cancellation of pattadar pass books and title deeds in respect of the land in Sy. No. 364/A an extent of Ac. 1.58 cents and an extent of Ac. 0.12 cents in Sy. No. 364/H of Holagonda Village & Mandal, Kurnool District, as arbitrary and illegal'. 3. Case of the petitioner is that, he succeeded the subject land from his father and that his name was also mutated in the revenue records i.e., Adangal and 1-B Register; the fifth respondent without any rights whatsoever over the said property is interfering with the possession of the petitioner and also filed an appeal before the third respondent seeking cancellation of the pattadar pass books and title deeds issued in favour of the petitioner; the petitioner filed suit in OS No. 52 of 2018 on the file of the learned Senior Civil Judge, Adoni seeking permanent injunction and temporary injunction was granted in the said suit; the contention of the petitioner is that the third respondent does not have any jurisdiction to entertain the appeal filed by the fifth respondent and the impugned notice is issued to appear before him with records for enquiry. Hence, the writ petition. 4. When the matter came up for admission, interim stay was granted for a period of six weeks and it has been extended from time to time. As seen from the record, the petitioner's name was mutated in the revenue records i.e., Adangal and 1-B Register and he was also issued pattadar passbooks and title deeds. While things stood thus, the fifth respondent filed an appeal before the sixth respondent-Revenue Divisional Officer seeking cancellation of the pattadar passbooks and title deeds which were issued in favour of the petitioner for the subject land. Pursuant to the said appeal, the Revenue Divisional Officer issued notice dated 10.12.2018 directing the petitioner to attend for enquiry. 5. While things stood thus, the fifth respondent filed an appeal before the sixth respondent-Revenue Divisional Officer seeking cancellation of the pattadar passbooks and title deeds which were issued in favour of the petitioner for the subject land. Pursuant to the said appeal, the Revenue Divisional Officer issued notice dated 10.12.2018 directing the petitioner to attend for enquiry. 5. Section 6-A of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the Act') deals with the application to be filed for title deed-cum-pattadar passbook to the Tahsildar. According to the said section, on making such an application, the Mandal Revenue Officer shall cause an enquiry and issue title deed and passbook in accordance with the Record of Rights. According to sub-section (3) of Section 6-A of the Act, the entries in the title deed and pattadar passbook to be corrected on an application made to the Mandal Revenue Officer in the manner prescribed. 6. Section 5 of the Act deals with amendment and updating of Record of Rights. According to the said action, on receipt of the intimation of the fact of acquisition of any right referred to in Section 4, the Mandal Revenue Officer shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence there for and shall carryout the amendment in the record of rights in accordance with such determination. According to sub-section (5) of Section 5 of the Act, against every order of the Mandal Revenue Officer, either making an amendment in the record of rights or refusing to make such an amendment, an appeal shall lie to the Revenue Divisional Officer, within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final. Hence, an appeal is provided to the Revenue Divisional Officer against the order of the Mandal Revenue Officer either making an amendment in the record of rights or refusing to make such an amendment, but no appeal is provided to the Revenue Divisional Officer against the issuance of title deeds and pattadar passbooks under Section 6-A of the Act. Hence, an appeal is provided to the Revenue Divisional Officer against the order of the Mandal Revenue Officer either making an amendment in the record of rights or refusing to make such an amendment, but no appeal is provided to the Revenue Divisional Officer against the issuance of title deeds and pattadar passbooks under Section 6-A of the Act. Pattadar passbooks and title deeds issued under Section 6-A of the Act does not have any independent standing, but it is a reflection of entry maintained under 1-B Register by the Recording Authority or the Revenue Divisional Officer, as the case may be therefore, an irregularity or illegality in issuing pattadar passbooks and title deeds could be examined in revision under Section 9 of the Act. 7. A Division Bench of this Court in Ratnamma v. Revenue Divisional Officer, Dharmavaram, 2015 (6) ALD 609 (DB), held that the appeal under Section 5(5) of the Act' before the Revenue Divisional Officer is not maintainable against mere issuance of pattadar pass book and title deeds under Section 6-A of the Act. In Paras 24 and 25, the Division Bench of this Court held as follows: "Sections 5-B and 6-A are introduced through Amendment Act 9 of 1994. Through the amendment, remedy of appeal against regularization order under Section 5-A of the Act and provision for issuance of PPB/TD under Section 6-A of the Act is enacted. Sub-section (3) of Section 6-A provides for correction of entries in the PPB/TD by the Mandal Revenue Officer either suo motu or on an application. As already noticed, the record-of-rights is prepared under Section 3 of the Act, updated/maintained under Sections 4 and 5 and also as a consequence of regularization under Section 5-A of the Act. Issuance of PPB is covered by Section 6-A of the Act. The PPB is nothing but a copy or reflection of entries in the record of rights prepared or maintained at one or the other stages under the Act as stated above. The PPB/TD is maintained and issued in Form No. 14-C of the Rules. PPB/TD contains the entries as borne out by 1-B Register. With the issue of pass book to any person whose name in the applicable column is recorded in record of rights, it cannot be said such issuance adversely affects any person. The PPB/TD is maintained and issued in Form No. 14-C of the Rules. PPB/TD contains the entries as borne out by 1-B Register. With the issue of pass book to any person whose name in the applicable column is recorded in record of rights, it cannot be said such issuance adversely affects any person. A person is certainly aggrieved by illegal preparation of record of rights and against such illegal preparation the remedy is provided under Section 3(3) of the Act. Likewise, against illegal or erroneous updation of record of rights under Sections 4 and 5 or regularization under Section 5-A of the Act, the remedy of appeal under Section 5(5) or Section 5-B respectively is available to an aggrieved party. On the other hand, Section 6-A(3) provides for correction of erroneous entries in PPB/TD issued by the Mandal Revenue Officer. The reason for not providing any appeal against the issuance of PPB/TD is manifest from the Scheme of the Act viz., that the issuance of TD/PPB does not by itself adversely affect the substantive right of a person, who claims or has a right in the property for which PPB is issued. In other words, the issuance of PPB/TD is a consequential act and entries in PPB/TD are mere reflection of entries of 1-B Register. Mere filing of appeal against issuance of pattadar pass book which is only a copy of 1-B register is not an efficacious remedy under the scheme of the Act. 8. According to the above judgment, an appeal is provided against the original proceedings or substantive right of a person under Sections 4, 5 and 5-A of the Act, but no appeal is provided against mere issuance of pattadar passbooks and title deeds under Section 6-A of the Act. 9. Learned Counsel for the 5th respondent submits that in view of the law laid down by this Court, liberty may be given to the 5th respondent, to file a revision before the Collector under Section 9 of the Act. 10. This Court in Kuruva Hamumanthamma v. State of A.P., rep. by its Principal Secretary, Revenue Department and others, 2018 (1) ALD 290 : CDJ 2017 APHC 649, in WP No. 10122 of 2016 held that, 'if a person is aggrieved against the issuance of pattadar passbooks and title deeds, he can file a revision under Section 9 of the Act'. This Court in Kuruva Hamumanthamma v. State of A.P., rep. by its Principal Secretary, Revenue Department and others, 2018 (1) ALD 290 : CDJ 2017 APHC 649, in WP No. 10122 of 2016 held that, 'if a person is aggrieved against the issuance of pattadar passbooks and title deeds, he can file a revision under Section 9 of the Act'. Relying on Ratnamma's case (supra), this Court further held as follows: "The Collector is given power of entertaining revision either suo motu or on an application filed by an aggrieved party. The Collector in a pending revision is entitled to call for and examine the record of order under revision viz., from (a) recording authority, Mandal Revenue Officer or Revenue Divisional Officer under Section 3, 5, 5-A or 5-B in respect of any record of right prepared or maintained to satisfy himself as to the regularity, correctness, legality or propriety of any decision taken, order passed or proceedings made in respect thereof. (b) The Collector has jurisdiction to modify, annul, reverse or remit for reconsideration of a decision, order or proceedings made in respect of record of rights. From plain construction of Section 9, this Court is of the view that the revisional jurisdiction of Collector embraces different situations warranting interference by him and thus ensures maintenance, preparation or continuation of record of rights on the touch stone of the entries being regular, correct, legal or propriety." "Having regard to the scope of Section 9 of the Act, a person, if aggrieved against an entry made or maintained in record of rights or continued to be maintained by recording authority can file revision under Section 9 of the Act. Likewise on the same analogy the aggrieved person can file revision against the issuance of PPB/TD. The Collector is obliged by the revisional jurisdiction he enjoys to examine all the aspects namely regularity, correctness, legality or propriety in the issue of PPB/TD and pass orders on the entries in record of rights and also on the legality or otherwise of PPB/TD against which revision is made before him. The Collector is obliged by the revisional jurisdiction he enjoys to examine all the aspects namely regularity, correctness, legality or propriety in the issue of PPB/TD and pass orders on the entries in record of rights and also on the legality or otherwise of PPB/TD against which revision is made before him. This Court is of the view that by adopting the above interpretation to Section 9 and Section 6-A of the Act before a litigant is compelled to work out the remedies under Section 8 of the Act, can avail the remedy within the framework of the Act by filing revision and obtain orders in this behalf. The point is answered by holding that in cases where the PPB/TD is issued either in breach of sub-section (2) of Section 6-A of the Act or otherwise particularly without an order or proceeding under Section 5 of the Act, an aggrieved party is not without remedy and legal wrong can be canvassed by filing revision under Section 9 of the Act. The remedy available under Section 8 of the Act is always independent and a party if advised, whether before filing the revision or after awaiting the outcome of revision, can work out the remedy of establishing title etc., before the competent civil Court. The other remedies referred in Ratnamma's case (supra), are to be understood as held in this order." 11. In view of the law laid by this Court in the above cases and in view of the facts and circumstances of the case, the impugned notice issued by the Revenue Divisional Officer is set aside. In view of the submission of the learned Counsel for the 5th respondent, the 5th respondent is given liberty to file a revision before the Collector, by enclosing a copy of this order, within a period of four weeks from the date of receipt of a copy of this order, and the Collector is directed to dispose of the revision filed by the 5th respondent herein (as permitted by this Court), within a period of four weeks from the date of filing of the revision, after giving notice to the petitioner, strictly, in accordance with law. The parties are directed to maintain status qua in all respects till an interim order or final order is passed under Section 9 of the A.P. Rights in Land and Pattadar Passbook Act, 1971. 12. The parties are directed to maintain status qua in all respects till an interim order or final order is passed under Section 9 of the A.P. Rights in Land and Pattadar Passbook Act, 1971. 12. The writ petition is allowed accordingly. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.