Revenue Law — Rights in Land and Pattadar Pass Books Act, 1971 — Sections 6-A, 8(2) — Mutation Proceedings — Revisional Jurisdiction — Delay and Laches — Civil Court Jurisdiction — Scope of Revenue Authorities
Constitution of India — Articles 14 & 300-A — Writ of Certiorari — Long-standing Revenue Entries — Disturbance after Several Decades — Jurisdictional Error
A. Mutation Proceedings — Limitation — Reasonable Time
Even where no period of limitation is prescribed under the statute, revisional and mutation powers must be exercised within a reasonable time. Entertaining claims for alteration of revenue entries after an inordinate delay is arbitrary and opposed to the rule of law.
Claims raised:
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after 71 years from original possession, or
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at least 26 years after issuance of pattadar pass books,
cannot be entertained by revenue authorities.
(Paras 10–13)
B. Delay and Laches — Revenue Authorities Not Empowered to Reopen Settled Rights
Revenue authorities cannot entertain applications seeking mutation or issuance of pattadar pass books:
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after decades of settled possession, and
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where revenue entries have remained unchallenged for long periods.
Such belated claims unsettle settled rights and violate principles of fairness and certainty in land administration.
(Paras 10–13)
C. Revenue Records — Evidentiary Value
Entries in revenue records:
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prepared after public enquiry,
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maintained by public servants in official discharge of duties,
carry high evidentiary value, and longstanding entries cannot be disturbed lightly or after long lapse of time.
(Paras 9–11)
D. Complicated Questions of Title — Civil Court Alone Has Jurisdiction
Where rival claims involve:
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competing sale deeds,
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extent purchased under registered documents,
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succession disputes, and
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discrepancy between documentary title and revenue entries,
such issues raise complicated questions of fact and title, which:
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cannot be adjudicated by revenue authorities, and
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must be decided only by a competent Civil Court.
(Paras 6, 14)
E. Section 8(2) of ROR Act — Mandatory Recourse to Civil Court
Section 8(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 mandates that:
where entries denying title are made in the record of rights,
the aggrieved person must institute a civil suit for declaration.
A party who deliberately bypasses the Civil Court and invokes revenue jurisdiction cannot seek adjudication of title under the ROR Act.
(Paras 14–15)
F. Revisional Powers — Cannot Substitute Civil Court Jurisdiction
The Joint Collector cannot:
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assume powers of a Civil Court,
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adjudicate ownership, or
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decide extent of title based upon reports of subordinate revenue officials.
Exercise of such power amounts to jurisdictional transgression.
(Paras 6, 14–16)
G. Long-Standing Possession and Revenue Entries — Protection under Article 300-A
Disturbance of possession and recorded ownership after several decades without authority of law violates the constitutional protection of property under Article 300-A.
(Paras 13–16)
RATIO DECIDENDI
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Revenue authorities cannot entertain mutation or pattadar claims raised after several decades, even if no statutory limitation is prescribed.
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Revisional powers under land revenue laws must be exercised within a reasonable period; otherwise such action becomes arbitrary and illegal.
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Where complicated questions of title arise, revenue authorities have no jurisdiction and parties must be relegated to the Civil Court.
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Section 8(2) of the ROR Act mandates institution of a civil suit when title is disputed; revenue remedies cannot substitute civil adjudication.
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Joint Collector cannot decide ownership or extent of title under the guise of mutation proceedings.
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