No Appeal Against Issuance of Pattadar Passbook and Title Deed Under Section 6-A of ROR Act: Andhra High Court Sets Aside Orders of RDO and Joint Collector in Land Dispute
In a significant ruling, the High Court of Andhra Pradesh at Amaravati, in the case of Gudipudi Hanumayamma (Died) (per L.Rs.2 to 4) Vs. The State of Andhra Pradesh & Others, allowed a Writ Appeal challenging the cancellation of pattadar passbook and title deed of the appellant by the Revenue Divisional Officer (RDO) and Joint Collector.
The Legal Point:
The crux of the matter involved the jurisdictional authority in the context of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Sections 5-A, 5-B, 6-A). Specifically, whether an appeal could be maintained against the issuance of pattadar passbook and title deed under Section 6-A of the said Act.
Factual Background:
The appellant’s contention revolved around the acquisition of land through an unregistered sale deed, later regularized under Section 5-A of the ROR Act. The Revenue Divisional Officer and Joint Collector had subsequently canceled the issued pattadar passbook and title deed on an appeal by the 5th respondent, citing allegations of forgery and fraud.
Court’s Detailed Assessment:
Jurisdictional Error: The Division Bench, referencing the Division Bench judgment in Ratnamma’s case, established that an appeal against the issuance of pattadar passbook and title deed under Section 6-A of the ROR Act was not maintainable.
Validity of Orders: Consequently, it was held that the orders passed by the Revenue Divisional Officer and the Joint Collector were without jurisdiction and were thus set aside.
Relief to Parties: The Court allowed the Writ Appeal, setting aside the previous order of the learned Single Judge and the impugned orders of the Revenue Divisional Officer and the Joint Collector. However, it was clarified that any findings in the present judgment were solely for disposal of this case and could not be cited in future proceedings.
Open to Future Remedies: The Court emphasized that the parties were free to seek appropriate remedies before the correct forum in accordance with the law.
Conclusion:
The judgment underscored the procedural sanctity and the boundaries of jurisdiction in land-related disputes, particularly in the context of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act.
Date of Decision: April 4, 2024
Gudipudi Hanumayamma (Died) (per L.Rs.2 to 4) Vs. The State of Andhra Pradesh & Others
