TMI Blog2014 (4) TMI 1263X X X X Extracts X X X X X X X X Extracts X X X X ..... vation of ryots. Therefore, there cannot be a presumption that all waste lands, assessed, or unassessed, continue to be vested in the Government. When a dispute in this regard arises, such disputes need to be settled based on the patta, if produced by the claimants, and in its absence, based on the relevant revenue record. Thus, the assessed and unassessed waste lands do not fall within the expression of 'poramboke' or 'reserved' which are generally used for communal purposes. Para-4(ii) of BSO-15 prohibited assignment of various categories of lands. These lands are therefore vested in the Government and no one can claim right over the same unless there is evidence to show that these lands are subsequently converted into assessed waste lands and assignments have been granted. While there is a presumption that all porambokes and lands reserved for communal purposes vest in the Government, no such presumption arises in respect of waste lands, assessed or unassessed. Whether the entries in the revenue records constitute conclusive proof of title and if not, whether they have evidentiary value in determination of title? - HELD THAT:- The following record could b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents determine title and ownership to land. While some petitioners claimed their rights based on entries in revenue record, others based their claims on long standing possession as evidenced by registered sale deeds. The Government denied their title mainly based on the entries in the revenue records such as Re-Survey and Resettlement Register (RSR) and Town Survey Land Register (TSLR). This Court, therefore, felt the necessity of dealing with these cases together by addressing this common aspect, which is faced by it day-in and day-out. Before discussing the general law governing the subject, it is appropriate to briefly refer to the facts of each case hereunder: Brief facts: W.P. Nos. 23595, 23599 23615 of 2013: 2. The petitioners in these Writ Petitions who claimed ownership under registered sale deeds were denied pattadar passbooks and title deeds by the Tahsildar, Bandaganipalli village, Udaigiri Mandal, Nellore District on the ground that as per the Adangals, the lands are shown as Government lands. The petitioners claimed that the RSR shows these lands as private persons. They have also relied upon separate but identical certificates issued by the Tahsildar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .C. sheet shed, which is being used as a godown-cum-mosaic tiles manufacturing unit. Since the death of his mother in the year 1975, petitioner No. 1 is in possession and enjoyment of the subject property. Petitioner No. 2 has succeeded to an extent of 180 2/3 sq. yards under a registered Will executed by one Vemuri Nancharamma who has purchased the said property under registered sale deed dated 16-5-2008. Petitioner No. 3 purchased 125.27 sq. yards of land under registered sale deed dated 20-12-1979. 7. The petitioners pleaded that their lands form part of Ac. 2-73 cents of land recorded as 'burial ground poramboke' in the Town Survey records; that Machavaram village, in which the lands are situated, was an estate village under the possession and enjoyment of Jagirdars; that initially survey of the village was conducted in the year 1923 and since then the Jagirdars are in possession and enjoyment of Ac. 2-73 cents and that sale transactions have taken place between the Jagirdars and individuals from the year 1901 onwards in respect of Ac. 155-00 cents of land. The petitioners further pleaded that the lands have changed many hands during the last 110 years and that the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a land in the year 1964 and further submitted that the petitioners are resided in the said land since several decades. Hence there is no objection for Re-classification of land measuring 4000 sq. yds. In NTS No. 45, Block No. 21, Revenue Ward 16, of Machavaram village from Burial Ground to patta land. The Tahsildar, Vijayawada Urban has reported that the circumstances explained above and as per the documentary evidences filed by the petitioners the land in question is earmarked in Town Survey Records as Burial Ground but the land in question is merged in burial ground in detail Town Survey instead of patta land in the year 1964. On the report of the Tahsildar, Vijayawada, Urban, I have inspected the land in question along with Tahsildar, Vijayawada Urban, Mandal Surveyor, Vijayawada Urban on 2.4.2010 and I agree with the report of the Tahsildar, Vijayawada Urban. 8. The District Collector, in his report dated 21-2-2011 sent to the Chief Commissioner of Land Administration (CCLA) requested for permission to change the classification of the land admeasuring 4000 sq. yards in N.T.S. No. 45, Block 21, Revenue Ward No. 16 of Machavaram village from 'Burial ground' to &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional Judge, City Civil Court, Hyderabad, as per which the petitioner and his wife were allotted 1000 sq. yards each, comprised in house bearing No. 23-1-433/7 and 23-1-433/8, Talab Katta, Bahadurpura Mandal, Hyderabad; that the petitioner's wife died on 26-7-2010 and that after her death, the petitioner is in possession of the said property. The petitioner in W.P. No. 26106/2013 claimed that he was allotted a portion of 479 sq. yards, comprised in house bearing No. 23-1-433/9, Talab Katta, Bahadurpura Mandal, Hyderabad, in the above mentioned compromise decree and that he is the absolute owner and possessor of the same. On 13-6-2013 and 30-8-2013, notices under Section 7 of the A.P. Land Encroachment Act, 1905 (for short the 1905 Act ) were issued alleging that the land in T.S. No. 89, Block-M, Ward No. 212 is recorded as 'G-Abadi' in the Town Survey record and that therefore the petitioners are encroachers over an extent of 450 and 130 sq. mts. respectively. The petitioners submitted their explanations stating that the entries in the TSLR are not conclusive proof of title. Rejecting the said explanations, eviction orders under Section 6 of the 1905 Act has been pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . mts. with structures raised in about 50 sq. yards with a compound wall. In their reply, the petitioners have pleaded that the entries in the TSLR do not have any evidentiary value and that the summary eviction proceedings cannot be initiated in view of the law laid down by the Apex Court in Government of Andhra Pradesh v. Tummala Krishna Rao AIR 1982 SC 1081. However, respondent No. 1 vide his order dated 19-9-2013 ordered eviction of the petitioners under Section 6 of the 1905 Act. Respondent No. 1 initiated the impugned proceedings for eviction of the petitioners under the 1905 Act. Questioning these proceedings, the petitioners filed this Writ Petition. 15. The petitioners have pleaded that no notice was issued to them under Sections 5 and 6 of the 1923 Act. They have also relied upon the Judgment of this Court in Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District and another 2001(3) ALT 200 : 2001 ALT (Rev.) 235 : 2001(3) ALD 600 in support of their plea that the entries in the TSLR do not have any presumptive value to hold that the subject land belongs to the Government. 16. Respondent No. 1 filed a counter affidavit wherein it was inter alia averred that d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclosed to the said proceeding giving reasons for rejection is also filed. At column No. 8 of the Check Memo, it was mentioned As per the file No. J/B7/84 to the sketch by DIS of this office 375 sq. mts. is covered in surplus land out of 639-65 sq. mts. From this, the petitioners averred that if the subject land belongs to the Government, the same would not have been the subject matter of the Urban Land (Ceiling and Regulation) Act, 1976 (for short the 1976 Act ). W.P. No. 15438/2012: 18. The petitioner claimed title to 2300.46 sq. yards of land situated at premises bearing municipal No. 1-7-496/1 of Zamistanpur village, Musheerabad, Hyderabad under three registered sale deeds dated 5-6-1985, 14-6-1985 and 15-11-1985. Proceedings under the 1976 Act were initiated in respect of the said property. The Primary Authority, by its order dated 30-8-1995 in C.C. No. 7576/1975 declared 270 sq. mts. as surplus land. However, the Appellate Authority, by order No. H1/7576/76, dated 20-6-1996, declared the petitioner as a non-surplus holder. The petitioner sold 1124 sq. yards out of the subject property to a third party under a registered sale deed. When the petitioner was intending to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Government to the subject property stands confirmed. W.P. No. 23447/2013: 20. An extent of 271 sq. yards of vacant site, situated in Sy. No. 211 of Banoo colony, Domalguda, Himayathnagar Mandal, Hyderabad, is the subject matter of this Writ Petition. One Dr. Fareed s/o. J.D. Italia, has purchased the subject property from Mrs. Pramila Mody w/o. Dr. C.L. Mody under registered sale deed dated 14-8-1956. The petitioner's mother purchased the property from the said Dr. Fareed under registered sale deed dated 10-12-1984. The application filed by the petitioner's mother for issue of NOC in connection with approval of building plan by the Municipal Corporation of Hyderabad was rejected by the Joint Collector, Hyderabad, vide proceedings dated 31-8-2005 on the ground that the land was shown as 'GVM Drain' in the TSLR. After the death of her mother, the petitioner made an application to the District Collector on 15-10-2012 seeking conversion of the land from 'GVM Drain' to 'patta'. The District Collector, Hyderabad, vide his endorsement No. E2/2539/2013, dated 24-6-2013, rejected the said request by stating that the petitioner has purchased the subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent No. 3 opined that the RSR has become the basic record by which one can know the status of each and every piece of land; that if any land belongs to a private person, an entry in that regard will be made in the RSR and that if the RSR contains 'dots', such lands will automatically become the Government lands. He has further observed that the land admeasuring Ac. 1-43 cents in Sy. No. 931 is classified as 'Government Waste' (Gayalu) in the RSR and that as no settlement patta or assignment patta was granted in respect of the said land, the private sale transactions taken place from the year 1950 do not bind the Government. Referring to the pattadar passbooks and title deeds, respondent No. 3 remarked that they might have been issued under a mistaken impression that the lands are private patta lands and that the petitioner would not get any right over the Government lands. As regards the land admeasuring Ac. 1-23 cents in Sy. No. 932, respondent No. 3 stated that the RSR contains 'dots' and that as the petitioner or his predecessors have not obtained any settlement patta, the said land is deemed to be Government land. Questioning these proceedings, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings under the 1905 Act can be initiated when there is a bonafide title dispute. 28. I have heard the learned Counsel for the petitioners, the learned Government Pleader for Revenue (Andhra Area), the learned Government Pleader for Revenue (Telangana Area) and perused the record. Some of the learned Counsel for the petitioners and both the learned Government Pleaders have presented their written submissions, besides filing material pertaining to land tenures. Re Point No. 1: 29. The Courts are quite often faced with the problem of resolving the disputes between two private parties or between private parties on one side and the State on the other side on the question of ownership over lands. The competing claims by these adversary parties are based on the entries in the various records which are mostly Survey and Settlement records and revenue records. No statutory enactment has, with precision, indicated as to what constitutes 'title' with reference to the land records. Unless a proper insight into the history and evolution of the land systems is acquired, resolution of title disputes continues to pose difficulties for the Courts. It is in this context that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gories i.e., (i) lands settled under zamindars as in Bengal and (ii) Haveli lands i.e., those reserved for the support of the Royal family and its immediate dependents (otherwise known as Crown property). The Ceded Districts: 32. The Southern and Western frontiers of the Mysore State, namely, Salem District (Baramahal, excluding the hill taluk of Hosur), some taluks of Madura, Dindigal (Tindukhal) and Palni, were ceded by Tipu Sultan to the British in the year 1792. Coimbatore, Kanara and Hosur taluks were ceded in 1799. The Districts of Bellari, Anantapur, Palaud taluk of Kitsna (Krishna) Kurapa (Kadapa) and Karnul (Kurnool) were transferred by the Mysore sultan to the Nizam in the year 1799. These Districts were however ceded by the Nizam to the British in 1800 A.D. 33. 'Baden Powell made a graphic description of the condition of the North-Eastern and ceded Districts regarding revenue administration when the British has taken over.2 British administration of Northern Circars: 34. When the British took over, the Northern Circars were managed by the existing zamindars wielding importance and influence and others of the ordinary type of revenue agent. The Haveli l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d this as a reason for some of the lands having remained unsettled. The Havelley lands not under the control of zamindars and poligars were permitted to be converted into muttas of varying sizes and sell them in public auction to the highest bidders. Control of growth of permanent settlement: 38. In 1803, Lord William Bentinck became the Governor of Madras and objected to the further expansion of the zamindari settlement. Administrators like Thomas Munro, the then Chief Controller of the ceded districts, constantly worked for putting a stop to the zamindari settlement and introducing individual or ryotwar settlement whereunder individual settlements or settlement with each ryot not with a view to give the government an opportunity to review the assessment once in 30 years or in shorter intervals if need be, but with a view to give the ryots all the advantages of permanency in settlement without any of the disadvantages inevitable in the zamindari system are envisaged. 39. Due to the stalling of the further growth of permanent settlement, only 1/3rd of the Madras Presidency was permanently settled in favour of zamindars and other landholders. Period of transition: 40. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of alienation of lands under their control subject to the condition of such alienations being registered in the Collector's register. The zamindars or landholders shall within a reasonable period of time grant each ryot a patta or kaul defining the amount to be paid by him and explaining the further conditions of engagement. The zamindars or landholders shall grant regular receipts to the ryots for discharges in money or in kind made by the ryots on account of the zamindars. 44. Regulation 28 of 1802 conferred power on the holders of estates to distrain for arrears of revenue. This Regulation was later repealed by the Rent Recovery Act 1865, which contained similar provisions. 45. Regulation 29 of 1802 created the office of Kernam ('Karanam' as in later years came to be popularly known as). This office of Kernam was created for the purpose of preservation of the rights and the property of the people, to facilitate the decision of suits in the courts of judicature, prevent diminution of the fixed revenue of the Government and securing individual persons from injustice by enabling the public officers of government and the courts of judicature to procure authentic in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e so completely under the control of the landholders that they could not easily take advantage of the provisions of Regulations 4 and 5, which were intended for their benefit. Therefore Act 8 of 1865 was passed which contained similar provisions regarding exchange of pattas, and muchilikas and for enhancement of rent etc. Even after these legislative measures, the main question whether the zamindars and landholders were the absolute owners of the land or whether the tenants had any rights in the soil remained unanswered and gave rise to numerous decisions, some favouring ryots and the others favouring zamindars and landholders. It is in this background that Estates Land Act 1 of 1908 was passed. Features of Estates Land Act: 51. Section 2 of the Act defined 'estate' as under: Estate means: (a) any permanently settled estate or temporarily settled Zamindari; (b) any portion of such permanently settled estate or temporarily settled Zamindari which is separately registered in the office of the collector; (c) any unsettled Palaiyam or Jagir; (d) any village of which the land revenue alone has been granted in inam to a person not owning the Kudivaram thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such right of occupancy does not cease to be a 'ryoti land'. A ryot is liable to pay rent either in money or in kind as the landholder will be entitled to collect. A landholder is entitled to collect rent in respect of a ryoti land occupied by ryots and the rent so payable by the ryot and any interest which may be due in respect thereof will be the first charge on the holding and upon the produce of the land. The landholder is entitled to distrain and sell the properties of the ryot for non-payment of rent. Principles of settlement under Ryotwari system: 54. A field to field settlement, called, Kulwar settlement, was followed by Thomas Munro to ascertain what fields are occupied by each ryot and to enter them with fixed rents attached to them in his patta, their aggregate constitutes his rent (revenue) for the year. As per Munro, the term 'settlement' was used not for the money rate, but for the extent of land4. 55. In his report sent to the British Government in 1807, Munro stated that the ryotwari system is better adopted to preserve simplicity of manners and good order, because every ryot will, on his own estate, be a proprietor, farmer and labourer; be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rough pattas (like chitta of village settlement in Punjab) are then given out so that each ryot may see what is going to be put down in the Register as far as it affects him. After all that is done, the completed Registers of each village prepared in English and in the vernacular (Diglott) are forwarded to the Settlement Commissioner's office to be printed. The following are the records prepared after settlement: (i) Settlement Register: This register is also termed as Diglot or 'A' Register. It is the foundation on which the whole revenue administration rests. It forms complete recording of accurate information as to whether it is Government or inam land, dry, wet, unassessed or poramboke, source of irrigation, class and sort of soil, taram, rate per acre, extent etc. It records every separate holding, whether large or small. The area is given in acres and cents and the assessment thereon stands in parallel columns. If a single field on the survey map is divided among ryots, a special letter is allotted to each ryot with a separate line giving full particulars of his holding. (ii) Ledger/Chitta: From the Settlement Register is prepared a ledger known as Chitta gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dency, as was in Bombay, while the ryotwari lands were treated as 'Government lands' the inam lands were treated as 'alienated' as the Government has parted with its right of assessing the land and revising the assessment, the same being either rent free or more commonly charged with jodi or quit rent, which is unalterable. The following imams were recognised: (i) Inams proper, where the land granted is either a field, or a village, or a village or a group of villages; (ii) Mohammadan jagirs, which were personal grants. (iii) Shrotriyams and agraharams: These are grants to certain classes of Brahmins. These imams include the inams given for religious institutions, public utility-such as for the support of choultries etc.; construction-maintenance and repair of irrigation works in the ceded Districts, in Kistna, Nellore, North Arcot and Salem; to Brahmins and other religious persons for their maintenance; maintenance grants for the families of poligars ancient land officers in the ceded Districts, Changalput etc. Permanent accounts at Taluq/Mandal Level: 61. These accounts consisted of five Registers representing the state of the land and its assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the karnam. Adangal forms the main basis of annual jamabandi settlement. No. 3 Account: It is the Annual Register of changes. It contains entries of fields taken up on darkhast, transferred by sale, relinquished, sold for arrears of Government revenue, converted from single to double crop land etc. No. 10 Account: It is a sort of 'individual chitta' or personal ledger of each cultivator. Section-I shows the particulars of the original holding, additions by-transfer, or by land taken up on application etc., under 'dry' and 'wet' separately. Section-II shows the assessment on these lands, deducting remissions and adding miscellaneous revenue, land cess, village service and special funds. No. 11 Account: It is the form of patta granted to each ryot. Register of Holdings: This is a very important Register maintained at the village level under Board Standing Order 31. It is apt to extract sub-para-1 thereof, which is as under: The register of holdings kept in every village should, as far as possible, show the names of persons who are the real owners or who, in virtue of their title, whatever its nature, are in the enjoyment of the lands and it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of land in the estate in respect of which they consider that he is prima facie entitled to a ryotwari patta under the proviso to Section 3 of the Act. The Act envisaged appointment of functionaries such as Director of Settlements, Settlement Officers, Managers of Estates etc., and gave control to the Board of Revenue inter alia for giving effect to the provisions of the Act, superintendence of taking over of estates to make due arrangements for interim administration therefor. The Act also abolished 'inam estates'. Under Section 11 of the Act, every ryot in an estate shall, with effect on and from the notified date is entitled to a ryotwari patta in respect of all ryoti lands which immediately before the notified date were properly included or ought to have been properly included in his holding and which are not either lanka lands or lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of the Act and all lanka lands in his occupation immediately before the notified date, such lands having been in his occupation or in that of his predecessors-in-title continuously from 1st day of July 1939. Under Section 12, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Book of Land Records by Mr. P. Kasturi Reddy. As could be culled out from these books, the brief history of the land revenue system in the Telangana Area is referred hereunder: 67. Under the Muslim rule, revenue was generally farmed out. Traces of settlement made by the Bahmani Kings and by the Adilshahi and Kutubshahi rulers were found in some places. Regular settlements were introduced only when Akbar annexed Berar in 1596 and Malikambar became the Governor of Aurangabad. The assessment according to Akbar's settlement was fixed by measuring the arable lands and making a careful assessment of the produce. The land was measured in Bighas. Revenue was assessed on 1/4th of the estimated produce per each Bigha and the total demand on a village was termed as Tankhwah or Standard rent-roll . The assessment was originally based on the quantity of the grain sown in a field or on its produce on which a certain share was taken by the State as revenue. 68. Though the assessment was based on the ryotwari system, in reality it was Villagewar or Mozawar. Each village was separately assessed as a whole. Any deficiency in the revenue which might arise owing to relinquishment of cer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /overlord tenure in the Andhra area. The intermediary between the cultivating ryot and the Government in these areas would be the, landholders i.e., the jagirdars/inamdars/mukhtedars etc., who controlled the administration of non-Khalsa villages and they would collect the land revenue from the cultivating ryots in relation to these areas. 73. The expression Jagir includes (a) Paiga, (b) Samsthan part of Jagir, (c) Village Mukhtha, (d) Agrahar, (e) Umli and (f) Mukasa (This definition is found in Regulation 2(f) of the Abolition of Jagirs Regulation, 1358 Fasli). 74. The expression Inam is defined in Section 2(10) of the Land Revenue Act, 1317 Fasli and is also defined in Section 2(1)(c) of the A.P. (Telangana Area) Abolition of Inams Act, 1955. 75. After abolition of Jagirs/Inams, the entire tenure in the Telangana area became uniform and the Khalsa tenure applied even to the areas that were hitherto non-Khalsa areas. Hyderabad Land Revenue Act, 1317 Fasli and the Hyderabad Record of Rights in Land Regulation. 1358 Fasli: 76. In Telangana Area, the two most important among the statutory enactments are the Hyderabad Land Revenue Act, 1317 Fasli (for short the 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Land Revenue Act, 1317 Fasli and the various rights and responsibilities of the pattadar are enumerated thereunder. Rule 4 thereof stipulates the conditions on which the registered holder may alienate the land. Rule 5 deals with transfer of registry of holding. Rules regarding grant of pattadari rights in Non-Khalsa villages: 79. These rules were framed under Section 172 of the Land Revenue Act, 1317 Fasli and were published during the year 1356 Fasli (1946 A.D.) as a precursor to the Abolition of Jagirs Regulation, 1358 Fasli. Under these Rules, the land tenure in Jagirs was equated with that in the Khalsa villages (villages administered by the Government directly). Rule 2 of the said rules reads as under: From the date of the coming into force of these rules all persons who hold jagir land and pay revenue direct to the Jagirdars shall, in all Jagirs, whether settled or unsettled, for all purposes be deemed to be pattadars of the land held by them notwithstanding any oral or written agreement between the Jagirdar and such persons or any entry in the concerned village records to the contrary, and their rights and liabilities shall be the same as those of the Pattadar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid statute being declared void, the provisions of the Abolition of Inams Act, 1955, could only be enforced in letter and spirit after the said judicial decision on the issue. As a result, for the purpose of determination of occupancy rights, the crucial date was 1-11-1973. The Hyderabad Tenancy and Agricultural Lands Act. 1950: 82. This important statute was enacted in the year 1950 and its Preamble reads thus: Whereas, it is expedient to amend the law regulating the relations of landholders and tenants of agricultural land and the alienation of such land. And whereas it is also expedient to enable landholders to prevent the excessive sub-division of agricultural holdings to empower Government to assume in certain circumstances the management of agricultural lands, to provide for the registration of Co-operative Farms and to make further provision for matters incidental to the aforesaid purposes. This statute introduced drastic reforms in land tenure and provided for conferring absolute ownership of lands held by protected tenants under Section 38E thereof, thereby transferring such ownership in their favour w.e.f. the notified date i.e., 1-11-1973. Several sets of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of which no assessment is to be levied. The area determined and treated as pot kharab are excluded from the total area of each survey number and the balance area is only liable to be assessed. The pot kharab lands comprise foot paths, cart tracks, wells, out-cropped rocks, gokattes or other small kuntas which are not treated as separate survey numbers; topes-places where trees are found together and which are intended to be retained for being used as such and where it is usual to hold annual Jatras, weekly markets, or such other functions, are usually assigned pot kharab by multiplying length and width; places set apart for use of the community at large or Hallas or Nalas, cattle tracks or made Roads and Railways, trees; the area over which shade of big trees falls; cultivation ridges, area covered by buildings etc. Land records in Telangana Area: 88. The Hyderabad Record of Rights in Land Regulation 1358 Fasli Act (for short 1358 Fasli Regulation) governed the preparation and maintenance of record of rights in land in Hyderabad State. Section 3(c) defined 'land records' to mean the records under the provisions of or for the purposes of that Regulation and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication of soil work (Parath bandi) and got it attested by the concerned Tahsildar. 91. The corresponding new survey details shown on the opposite page, are noted down as per the entries recorded in the just prepared Akar land register. 92. At the end of the entries of each khata, totals are noted for old entries and corresponding new survey entries. This will give the clear picture of each khata particularly to ascertain the discrepancy of extents if any10. Village Accounts (Pre-Independence): 93. After completion of Survey and Settlement and announcement of settlement rates, a copy of the Basic records (i.e.) Village map, Sethwar Register and Wasulbaqi Register will be supplied to the Tahsildar. Tahsildar will get two copies of Pahani prepared by the Patwari in his office and attested by him. Pahani is an important Register maintained by the Patwari for the purpose of Azimash and also for various statistical Returns and accounts to be prepared by him in connection with day to day Land Revenue Administration. This corresponds to No. 2 Account i.e., Adangal maintained by the village Karnams in Andhra region. One copy of the village map, and Pahani are supplied to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lage Map, (ii) Field Measurement Book, (iii) Printed Diglot or A-Register. Revenue record: (i) Village Account No. 1-Register showing Government lands and land on lease, assignments, alienations and area available for assignment. (ii) Village Account No. 2-Register of changes in the village (Annual Register). (iii) No. 3-Register-Statement of occupation and cultivation field by field (columns 11 to 15 of this Account are meant for record of rights) (iv) Village Account No. 4-Register of holding and land revenue demand (Column Nos. 8, 16 to 19, 24 to 28, 30 to 33 are not applicable in view of abolition of land revenue). (a) Documents of ownership/title: 97. Having traced the backdrop of the land tenures and the evolution of ryotwari system, the stage is set for considering what are the documents that constitute ownership/title to land. The Board Standing Orders (BSO) of the Board of Revenue of Madras (1907 Edition) succinctly dealt with the rights and obligations under a patta. Paras 27 and 28 of the BSO included in Part III Title to Land read: 27. Issue of pattas-(1) Form of patta-The Form of patta is given in the Manual of Village Accounts. (2) Renewal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... occupied by such improvements. 4. Pattadar's obligation: The registered pattadar of a field or holding is bound to pay the fixed assessment on it, whether cultivated, waste or fallow, in the presented installments, unless it be remitted in accordance with the rules laid down in Standing Order No. 13. 5. Currency of patta: A patta retains its validity until superseded by one of later date. It does not necessarily require renewal from year to year. 6. Mineral right of pattadar: The registered pattadar is entitled to work minerals on his land, but is liable to pay therefor a separate assessment in addition to the usual assessment for surface cultivation. 7. Joint-pattadar's rights to receipt book: Sub-receipt books should be given to all holders of land on joint-pattas who want them. The entries in these sub-receipts will be transferred to the principal receipt book when it is produced for the purpose before the village officers by the possessor. The sub-receipts will be in the same form as the receipt, but will not mention the extent of the land on account of which payment is made. 8. Tree-patta: For the rights and restrictions implied in a tree-patta-vide Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue. Sub-section (9) defined 'record of rights' (ROR) as records prepared and maintained under the provisions or for the purposes of the Act. Section 3 envisages preparation and updating of ROR in all lands. Section 4 obligates every person acquiring rights as owner, pattadar, mortgagee, occupant or tenant of the land or otherwise to intimate such acquisition of rights to the Mandal Revenue Officer (Tahsildar). Section 5 provides for amendment and updating of ROR. This provision also provides for the remedy of appeal by an aggrieved party. Section 5-A provides for regularisation of certain alienations. Under Section 5-B, an aggrieved party is entitled to file an appeal against the order passed under Section 5-A. Under Section 6, every entry in the ROR is presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provisions of the Act. Section 6-A, which was introduced by Act 11 of 1980, provided for issue of pattadar passbook and title deed to every owner, pattadar, mortgagee or tenant of any land. Sub-section (5) of Section 6-A declared that the title deed so issued shall be the title deed in respect of owner-pattadar and it sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 55, and the Hyderabad Jagir Abolition Act, the pattadars (persons in whose favour pattas are granted by way of regrant)/occupancy right certificate holders and their successors-in-interest, hold title. Title will be divested from them in the event of transfer of these properties through legally recognised modes. In case of persons claiming rights under the Hyderabad Tenancy and Agricultural Lands Act, 1950, protected tenants and land holders on whom ownership rights are conferred hold title to the lands over which such rights are conferred. Darkhast lands: 105. Bhashyam Ayyangar., J, speaking for the Division Bench in The Secretary of State far India Council, represented by Changalput v. Kasturi Reddy (1902) 1 MLJ 453 traced the history of transfer of all properties from East India Company to the Crown. It is instructive to quote the relevant portion of the Judgment below: ....The law applicable to the subject is contained in the following statutes: 21 and 22 Vict. Ch. 106, Ss. 39 and 40; 22 and 23 Vict. Ch. 41. Ss. 1 and 2; 32 and 33 Vict. Ch. 29, S. 1; 33 and 34 Vict. Ch. 59, Ss. 1 and 2; India Act XV of 1895 (Crown grants). Ss. 39 and 40 of 21 and 22 Vict. Ch. 106 veste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ramboke; (b) Reserved land ( assessed and unassessed ). As vast tracts of lands were available for cultivation and it was the policy of the administration to bring as much land as possible under cultivation with a view to earn revenue, and also to increase food production to overcome food shortage after the First World War (1914-1918), the conditions of grant were liberal to the extent that there was not much distinction between the regular patta and darkhast grant. The concept of landless poor person as the eligibility criterion was not in existence. The only restriction on alienation was contained in clause (3) which reads: Alienation of the land without the sanction of the Government, to a person other than the British subject or a subject of an Indian State shall invalidate the grant . Later, certain amendments were made to the BSO. Para-23 of the BSO (1920 Edition) reads: No land belonging to Government shall be assigned or sold under this Standing Order to any person other than a British subject or to a subject of a Native State, except by the Collector or the Board and with the previous permission of Government. Every assignment or sale made under this Standing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amed the following Points: 1. Whether the land in question was assigned in the year 1960, 1961 in favour of the petitioners' predecessors in title under the Telangana Area Land Revenue Act read with Laoni Rules made thereunder or whether the grant of patta is attributable to Revised Assignment Policy issued in G.O.Ms. No. 1406, dt. 25-7-1958? 2. Whether the provisions of Act No. 9/77 can be applicable to all types of pattas under Laoni Rules after collection of market value under Chapter V of the Telangana Area Land Revenue Act? On Point No. 2, which is relevant for the present purpose, the Division Bench at paras 36 and 52 held as under: A combined reading of the statutory provisions and the Rules as referred to would clearly indicate that grant of pattas are of two kinds; one is by way of sale in favour of persons who desirous of taking up unoccupied land. As per Rule-III of the Revised Assignment Policy issued in G.O.Ms. No. 1406 dt. 25-7-1958 assignment of land in favour of landless poor persons who directly engage themselves in cultivation by giving preference to Harijans, Girijans, Harijan Christians. In case of granting patta for the persons who are desirous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue officials are first satisfied that the land was an assigned land within the meaning of sub-section (1) of Section 2 of Act 9 of 1977, no proceeding for cancellation of assignment for alienation of the assigned land can be initiated. 111. A Division Bench of this Court by order dated 23-10-2013 in W.A. No. 1728/2013 confirmed the above Judgment. 112. In P.V. Rajendra Kumar v. Government of A.P. 2011(3) ALD 571, I have held at paras 21 and 22 as under: ...The term 'assigned land' is defined by Section 2(1) of the Act to the effect that the lands assigned by the Government to the landless poor persons under the rules for the time being in force subject to the condition of non-alienation and includes lands allotted or transferred to landless poor persons under the relevant law for the time being in force relating to land ceilings. In order to attract the bar of registration, the land must be an assigned land within the above mentioned definition. Unless the patta under which the assignment is made contains a condition of non-alienability, such land cannot be treated as assigned land within the provisions of the Act.... In several Judgments, various learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that unless the revenue functionaries are first satisfied that the land is an assigned land within the meaning of sub-section (1) of Section 2 of Act 9 of 1977, no proceeding for cancellation of assignment can be initiated. Waste lands: 114. Act XXIII of 1863 deals with the manner of disposal of waste lands including unassessed waste lands. It provided for adjudication of claims to waste lands and the preamble reads as under: Whereas it is expedient to make special provision for the speedy-adjudication of claims which may be preferred to waste lands proposed to be sold or otherwise dealt with on account of Government, and of objections taken to the sale or other disposition of such lands; it is enacted as follows: When any claim shall be preferred to any waste land proposed to be sold or otherwise dealt with on account of Government, or when any objection shall be taken to the sale or other disposition of such land, the Collector of the district in which such land is situate, or other officer performing the duties of a Collector of land revenue in such district, by whatsoever name his office is designated, shall, if the claim or objection be preferred within the peri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n such cases would the entries in the record of rights help him to establish his title, are the questions to be answered under this Point. 119. Based on the discussion made earlier, the following record could be held to constitute the core revenue record in Andhra area prior to the integration of the revenue record of both areas: Diglot or A-Register, Ledger/Chitta constituting settlement record, No. 2 Account, otherwise known as Adangal/Annual Settlement of occupation and cultivation, No. 3 Account which reflects changes in respect of land held by way of transfer by sale, relinquishment etc., and the Register of Holdings maintained under BSO-31 and No. 10 Account which is an individual chitta or personal ledger of each cultivator. 120. In Telangana area, Sethwar Register, Supplementary Sethwar, Wasool Baqui Register, Khasra Pahani (prepared under the Land Census 1954 under the provisions of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950), Pahani, Chowfasla and Faisal Patti constitute the core revenue record. 121. After integration of records of both the Andhra and Telangana areas, the following constitute the core relevant revenue record: (i) Printe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id Khasra entries. The burden of proving adverse possession accordingly was a heavy one... 125. Considering the provisions of the Madhya Bharath Land Revenue and Tenancy Act, 1950, in Kasturchand v. Harbilash AIR 2000 S.C. 3037 : (2000) 7 SCC 611 : 2000(6) ALT 47.1 (DN SC) the Supreme Court reiterated the legal position on the evidentiary value of the entries in the village records. The Apex Court, at para-17, held: ... As per Section 45 of the said Act, Khasra, Jamabandi or Khatoni and such other village papers as the Government may from time to time prescribe shall be annual village papers. Section 46 enjoins preparation of annual village papers each year for each village of a District in accordance with the rules made under the Act. Section 52 embodies the presumption that all entries made under that Chapter in the annual village papers shall be presumed to be correct until the contrary is proved and Section 50 prescribes the method or procedure for correction of wrong entries in the annual village papers by superior officers. Thus it is clear that in the event of wrong entries in the annual village papers the same is liable to be corrected under Section 50 and unless they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pation of it with the greater confidence that the revenue for it will be paid. These observations were made by the Privy Council in a case where one Lal Bahadur Singh, one of the joint family members set up his exclusive title based on the mutation proceedings showing his name as the owner of the land. The Privy Council held that the revenue authorities have no jurisdiction to pronounce upon the validity of the claim of Lal Bahadur Singh to be the sole proprietary owner of the estate to the exclusion of his, brothers as such questions have to be adjudicated only by the competent civil court. 131. A Division Bench of this Court in Ramanna v. Samba Murthy AIR 1961 A.P.- 361 which inter alia relied upon the Judgment in Thakur Nirman Singh (supra) and held: In our view the entries in the revenue records though they may be relevant evidence under Section 35 of the Evidence Act, are not evidence of title. Dealing with the entries in Diglot, the Division Bench held at para-10 as under: In our view, therefore, though the entries in the Diglot register may be evidence, they are by themselves not conclusive evidence of the facts which they purport to record. It may turn out that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the documents and the entries made therein are not dealt with in any one of those judgments. By placing reliance upon the Judgments in Rajeswararao v. Narsingarao AIR 1952 Hyderabad 75, Mylaram Lachaiah v. Nafeezunnisa Begum ILR 72 A.P. 652, Md. Ibrahim v. Secretary to Government of India 1996(2) ALT 950, Commissioner of Survey v. G. Padmavathi 1999(4) ALT 209 (DB), Choote Khan v. Mai Khan AIR 1954 SC 575, B.S.V. Temple v. P. Krishna Murthy AIR 1973 SC 1299, Avadh Kishore v. Ram Gopal AIR 1979 SC 861 and Kasturchand v. Harbilash (2000) 7 SCC 611 : 2000(6) ALT 47.1 (DN SC), the Division Bench held at paras 97 and 98 as under: A careful analysis of the decisions referred to hereinabove of this court as well as of the Apex Court would make it clear that the entries made in the Record of Rights carry with them a very great evidentiary value, provided the Record of Rights is prepared and maintained under the provisions of the relevant statutes or the Regulations, as the case may be, and further provided that the entries therein are made after holding public enquiries. Sometimes, they constitute the only evidence available in order to establish one's title to the lands. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rights carry evidentiary value, that itself would not confer any title on the plaintiff on the suit land in question, Ext. X-1 is Classer Register of 1347 which according to the trial court, speaks of the ownership of the plaintiff's vendor's property. We are of the view that these entries, as such, would not confer any title. Plaintiffs have to show, independent of those entries, that the plaintiffs predecessors had title over the property in question and it is that property which they have purchased. The only document that has been produced before the court was the registered family settlement and partition deed dated 11.12.1939 of their predecessor in interest, wherein, admittedly, the suit land in question has not been mentioned. (Emphasis added) 134. On a careful reading of the Judgment of the Apex Court in Union of India v. Vasavi Co-op. Housing Society Ltd. (43) Civil Appeal No. 4702/2004, dt. 7-1-2004, I am of the opinion that the legal position as enunciated by the Division Bench with respect to the evidentiary value to be given to the record of rights has not been disturbed by the Supreme Court. While overturning the decision of the Division Bench, the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be the source of a person's title. The possession of a person is reflected in the records. As noticed earlier, the A-Register/Diglot in Madras Presidency and the Sethwar in Telangana Area was the mother of all the Registers. Though the primary intention of preparing this Register was to classify the lands according to the soil and potentiality and assess the revenue, recording the names of the persons in occupation was an equally important object in preparing this Register, for, without recording the names of the persons in occupation, the Government will not be able to collect revenue. All the revenue records such as Registers A to E and monthly and annual Accounts No. 1 to 4 and No. 10 Accounts in Andhra area and Wasool Baqui, Khasra Pahani, Pahani Patrik, Choufasla, Faisal patti etc., discussed hereinbefore, in Telangana Area are based on the basic register of Diglot/Sethwar. Therefore, if a person's name is recorded as an occupant or pattadar in these records, a necessary presumption would arise in his favour or in favour of the persons who claim through him that he holds title to the land. In case of a dispute between two private parties, this presumption can be rebutt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r successors-in-interest will be considered as the rightful owners. In deciding such disputes, the revenue authorities and the courts need to carefully weigh the evidence relied upon by the rival parties with reference to the record referred to hereinbefore. Even in cases of disputes between the Government and private persons, the above referred record constitute material evidence in determination of title. (vii) While there is a presumption that all poramboke and communal lands vest in the Government, no such presumption arises in case of waste lands, assessed or unassessed. In deciding the claim of persons on these lands, isolated entries in documents such as RSR are not conclusive. All other relevant revenue record shall be considered while deciding this dispute. Re Point No. 2: 137. In the absence of proof of patta, the right of a person in possession supported by multiple registered sale transactions needs to be considered. Both under the ancient Hindu and Muhammadan laws, the land was not vested in the King. Possession has always played an important part in all systems of jurisprudence12. Under the Hindu system, possession, however brief, is necessary for a perfected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired by the first person who makes a beneficial use of the soil. The interest of the person thus taking possession is not a limited but an absolute one (See: Secretary of State v. Vira Rayan 9 Madras 175). Subject to payment of revenue, a ryotwari proprietor enjoys an absolute proprietorship over the soil and can deal with and use it in any manner he likes13 'Possession' is therefore recognised as nine points in law with the ownership completing the residue. 140. Para-7 of BSO-31 recognised possession of a person without title for 12 years or more and enjoins on the Revenue officers to recognise such person's right by transferring the register in his name after notice. Under this provision, obligation is cast on the officers to confer such right on their own motion even without an application by the individual. 141. In Rama Iyyangar v. Kasinivenda Iyyangar 23 MLJ 32, a Division Bench of Madras High Court held that transactions by a party dealing with the property to which he lays a claim are important evidence of his title and some times they constitute the only evidence available. 142. In Syed. Md. Muzaffaralmusavi v. Bibi Jabeda Khatun AIR 1930 P.C. 103, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 145. From what is discussed above, it appears to me that in the absence of a document such as patta or a grant, a person in possession of land for 12 years or more without title can claim transfer of registry in his favour as envisaged by para-7 of BSO-31. The possession of a person coupled with multiple sale transactions would also form basis for his claim to title. In such cases, the burden shifts to the rival claimant, be it a private citizen or the Government, to prove that the land belongs to or vested in them. In many cases, despite successive registered sale transactions, the Government denies title set up by private citizens. In these cases, the burden on the Government is heavier, for, the presumption goes in favour of the person who claims the land on the strength of registered sale transactions which constitute public notice, as held by the Supreme Court in Sura) Lamp Industries (P) Ltd. v. State of Haryana 2009(7) SCJ 593 : (2009) 7 SCC 363. In cases of repeated sale transactions over a number of years, a presumption arises that since the land is not vested in the Government, the same is permitted to be sold. Such a presumption can only be displaced by the Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 13 or 14 devoted to Name of pattadar or Inamdar or the Manager of the Institution to which the land belongs the land is deemed to belong to the Government. This assumption, in the opinion of this Court, is wholly misconceived. 147. In this context, it is necessary to have a peep into the background leading to the genesis of survey. The British India has enacted Act 28 of 1860 for survey and demarcation of the lands. Its long title reads An Act for the establishment and maintenance of Boundary marks and for facilitating the settlement of Boundary disputes in the Presidency of Fort St George; Passed on 29th June 1860 . The preamble of the Act reads: Whereas it is desirable, with a view to the better definition and security of landed property, the prevention of encroachments and disputes, and the identification of lands assessed to, or exempted from, the public revenue in the Presidency of Fort St. George, that provision should be made for the establishment and maintenance of permanent villages, and for facilitating the settlement of boundary disputes and claims; Section 2 of the said Act discloses the main purpose of survey and demarcation, namely, to facilitate the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... servant of the registered holder or as mortgagor or lessee' such person shall be deemed to be the registered holder in respect of such Government land'. 148. The above noted definitions would reveal that an estate included all permanently settled lands of whatever name i.e., Zamindari, Jagir, Mitta, Palaiyam and all Inam villages of which grant was made or was confirmed by the British Government. All the other lands are treated as 'Government land' under Section 3(ii). The estate holders are recognised as proprietors while persons who are in occupation of Government lands and registered as such in the Government accounts of the village are called 'registered holders'. 149. What is discernible from these provisions is that all lands other than 'estate lands' are treated as Government lands irrespective of whether they were in occupation of ryots and whether pattas were granted to them or not. In other words, Jirayati land as mentioned in Column No. 2 of A-Register/Diglot/Sethwar is termed as Government land in the RSR. It would therefore be a travesty of reality if the Government assumes that by mere description of the land as Government or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot and that the same is vested in the Government. 151. It is significant to notice in some of the RSRs filed before this Court that in respect of some of the lands where 'dots' are shown under 'pattadar column', in the remarks column, they are shown as 'Hill-stream' (vagu), 'Footpath' (donka), 'Jungle' (adavi). In such cases, the burden lies on the persons who claim ownership over lands to prove that these entries are wrong and that they are ryoti lands under their cultivation. For this purpose, they can rely upon the record such as Diglot, Register of Holdings and the Village accounts prepared after re-survey and re-settlement. Such evidence will displace the entries in the RSR. 152. Interestingly, in the RSR prepared for Bandaganipalli village, Udaygiri taluq, Nellore District, the pattadar column in respect of many survey numbers was filled with 'dots'. Some of these lands are shown as 'dry' or 'wet' or 'poramboke' indicating its 'taram' and the land revenue is assessed. The 'Remarks' column is kept blank. So where the lands are properly assessed, it raises a presumption that they are i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lied upon various other Judgments of this Court in reiterating the position that the mere entries in RSR will not offer conclusive proof of ownership of the land. In Shaik Dudekula Pyari Jan v. Revenue Divisional Officer (54) W.P. No. 6061/2010, dt. 2-7-2010 this Court has weighed the entries in the RSR of Doddipalli village showing the lands as Government lands on the one side and registered transactions of the years 1938, 1942, 1959 and 1972 on the other side and held that in the face of the subsequent registered sale transactions, it is for the Government to assert and prove its title if it chooses to do so in a properly constituted proceeding before the appropriate forum in accordance with law and that without doing so it is not open to the revenue authorities or the registration authorities to deny persons claiming rights over such land merely on the basis of the RSR entries. This dicta was reiterated by this Court in Madiga Papanna v. State of A.P. 2011(2) ALT 2. Conclusion on Point No. 3-I(a) and (b) 154. The inevitable conclusions that can be drawn from the above discussion are: (a) RSR is not a stand alone document and entries therein cannot be taken as conclusiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pposite to quote the relevant passage in the said Judgment (para-21): A bare reading of scheme of the A.P. Survey and Boundaries Act, 1923 would make it clear that the survey made under the said Act is mainly intended for the purposes of identification of the lands and fixation of boundaries. There is no provision under the Act intending to make any detailed enquiries with regard to the right, title and interest of the persons in the lands. It is neither the object nor the scheme of the said Act. There is no presumption that every entry made in the TSLR shall be presumed to be true until contrary is proved as in the case of entries made in the record of rights under the provisions of A.P. Record of Rights in Land and Pattadar Passbooks Act, 1971. It is not a record of right. There is no such provision in the Andhra Pradesh Survey and Boundaries Act, 1923 (Emphasis added) The dispute raised in Hyderabad Potteries Pvt. Ltd. (supra) again arose, albeit, in a different context in State of A.P. v. Hyderabad Potteries Pvt. Ltd. 2011 ALT (Rev.) 77 (SC) : 2010(4) SCJ 109 : (2010) 5 SCC 382 Interestingly, in respect of the same land which was the subject matter before this Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is trite that entry in the revenue record alone may not be sufficient as conclusive proof of title nor can be relied on for proof of establishing the title as such. (Emphasis supplied) Conclusion on Point No. 3-II: 157. The above judicial pronouncements thus placed the controversy beyond any pale of doubt that the entry in the TSLR does not constitute conclusive proof of one's title. Re Point No. 4: 158. The issue under this point is no longer res integra. In Thummala Krishna Rao (supra), a serious dispute arose as to whether three plots of land were included in the acquisition notified by the Government of Nizam for establishment of Osmania University. The suit filed by the Osmania University against Nawab Habibuddin in the City Civil Court, Hyderabad for eviction was dismissed on the finding that plot No. III was not acquired by the Government and that though plot Nos. 94 and 104 were acquired, the University failed to prove its possession thereof 12 years for before filing of the suit. The appeal filed by the University was dismissed by this Court. The State Government was not impleaded as a party to those proceedings. On the Osmania University addressing a l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of a land for which he is liable to pay assessment under Section 3 . Section 3 in turn, refers to unauthorised occupation of any land which is the property of Government . If there is a bona fide dispute regarding the title of the Government to any property, the Government cannot take a unilateral decision in its own favour that the property belongs to it and on the basis of such decision take recourse to the summary remedy provided by Section 6 for evicting, the person who is in possession of the property under a bona fide claim or title. In the instant case, there is unquestionably a genuine dispute between the State Government and the respondents as to whether the three plots of land were the subject-matter of acquisition proceeding taken by the then Government of Hyderabad and whether the Osmania University, for whose benefit the plots are alleged to have been acquired, had lost title to the property by operation of the law of limitation. The suit filed by University was dismissed on the ground of limitation, inter alia, since Nawab Habibuddin was found to have encroached on the property more than twelve years Sore the date of the suit and the University was not in possessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), the Division Bench observed that the petitioners before it were in possession nearly for 25 years prior to the issue of the impugned notices; that the occupation of the writ petitioners is open and for an appreciable length of time as observed by the Supreme Court and the petitioner can be taken prima facie to have a bonafide claim to the property requiring an impartial adjudication according to the established procedure of law; and that the Government cannot decide such questions unilaterally in its own favour and evict them summarily on the basis of such decision. The Division Bench also made the following significant observations: ...The land in possession of the writ petitioners is not a part of a public road, street, bridge or the bed of the sea and the like. Therefore we are clearly of the view that the proceedings under the A.P. Land Encroachment Act cannot be taken and no enquiry can be held by the Tahsildar and the petitioners cannot be evicted in pursuance of any such enquiry. Conclusion on Point No. 4: 160. The settled legal position therefore emanating from the above noted Judgments is that where there is a bonafide dispute regarding title of a person over t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was purchased by the petitioner from the same vendors as in W.P. No. 23595/2013. In this case also, respondent No. 3 has issued a certificate stating that the lands are recorded in the name of Byreddy Cheera Reddy and others. The petitioner has filed a similar certificate issued by respondent No. 3 showing that the lands were recorded in the name of Byreddy Cheera Reddy and others in the Diglot. The grievance of the petitioner is that respondent No. 3 has issued the impugned endorsement dated 3-8-2013 refusing to issue pattadar passbooks and title deeds on the same ground as in W.P. No. 23595/2013. 166. The facts in W.P. No. 23615/2013 are also identical except that the survey numbers and the extents of the land purchased by the petitioner herein vary. The petitioner has filed copies of RSR. Based on the entries in the RSR, respondent No. 3 has issued a certificate to the effect that all the lands purchased by the petitioners stood in the name of Byreddy Cheera Reddy and others from whom the petitioner has purchased the lands under registered sale deeds. 167. As no counter-affidavits have been filed in these Writ Petitions (W.P. Nos. 23595, 23599 and 23615/2013) by the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tahsildar, Gorantla Mandal, Anantapur District. It is also admitted that 10(1) Account incorporated the names of the petitioners. It is however stated that the said entries were made without the certification of any officers. It is also admitted that these lands were included in the declarations made by the petitioners' vendors under the 1973 Act whereunder these lands were treated as private lands by the Land Reforms Tribunal. Further, in respect of these lands, pattadar passbooks and title deeds have been issued. The only ground on which these lands were treated as Government lands is that the RSR has shown that they are Government lands. The respondents have not filed a copy of the RSR. It is not known whether the RSR contains the names of pattadars or the pattadar column is kept blank or it contains 'dots'. Following the findings rendered on Point No. 3, the plea of the respondents that in view of the entries in the RSR the lands are treated as Government lands has to be termed as wholly meritless. The RSR entry cannot be taken as the sole guiding factor to determine the title of a person. The overwhelming documentary evidence such as 10(1) Register, the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of land from 'burial ground' to 'AWD' In essence, the respondents sought to treat the entries in the TSLR and the Fair Adangal as conclusive proof of the nature of the land. This, in my opinion, is a highly unsound approach. No entry in the revenue or survey record can be treated as conclusive proof if circumstances exist which render such entries as unrealistic and contrary to the ground realities. There is no dispute about the fact that the land was a part of Machavaram village estate and even before the estates were abolished, the same was merged in the then Vijayawada Municipality in the year 1943. As per the report of the Assistant Director, Survey and Land Records, the settlement records under the Estates/Inams Abolition Acts are not available for examination. No documents have been discussed based on which the entry in the Fair Adangal describing the land as 'burial ground' was made in the year 1968. Had the land been correctly described as 'burial ground' it would be beyond one's comprehension as to how registered sale transactions were allowed to take place from the year 1901, and how the Vijayawada Municipality has made assessment of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t therefore resort to summary proceedings of eviction under the provisions of the 1905 Act as there is a bona fide dispute relating to ownership of the land. Following the dicta laid down in Tummala Krishna Rao (supra) and the finding rendered by this Court on Point No. 4, the only option left with the respondents is to file a civil suit. The impugned proceedings are therefore liable to be quashed with liberty to the respondents to approach the competent Civil Court. W.P. No. 27589/2013: 172. From the uncontroverted facts recorded in the earlier part of the Judgment, it is evident that the only ground on which eviction proceedings under the 1905 Act have been issued is that the land is recorded as 'G-Abadi' in the TSLR. The respondents have not denied the genesis of the petitioners' title. There are as many as four registered sale transactions commencing from 17-6-1959. The property was also the subject matter of O.S. No. 555/1985 wherein a decree was passed on 26-9-1995 in favour of Satyamma and her husband, the predecessors-in-title of the petitioners. The long standing possession of the predecessors-in-title of the petitioners, at least from the year 1959, is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land'. In the face of these undisputed facts and having allowed the petitioner to sell 1124 sq. yards of land, the respondent cannot raise an objection for registration of the balance property solely based on the entry in the TSLR. If the subject-property was included in the prohibitolry list under Section 22-A of the 1908 Act based on such an entry in the TSLR, such inclusion cannot be legally sustained. Accordingly, respondent No. 5 is directed to ignore the prohibitory list to the extent of the subject property and entertain the sale deed that may be presented by the petitioner for registration. However, respondent Nos. 1 to 3 are left with the liberty of filing a civil suit for declaration that the property is vested in the Government. W.P. No. 23447/2013: 175. Except the TSLR entry, no other document is relied upon by the respondents on the basis of which the said entry in the TSLR has been made. The registered sale deed of as far back as 14-8-1956 standing in favour of Dr. Fareed s/o. J.D. Italia and the registered sale deed dated 10-12-1984 under which the petitioner has purchased the property would prove the long standing possession of the property by private indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 011 to direct respondent No. 3 to consider his explanation submitted to notice dated 2-9-2011 issued in Form-1 under the 2007 Rules framed under the 1977 Act 1977, respondent No. 3-Tahsildar has taken up the enquiry, wherein he was reconciled to the reality that the subject lands were not assigned lands. Therefore, while dropping the said proceedings, respondent No. 3, however, strangely went to the extent of declaring that the lands in question belong to the Government. 179. The impugned order is liable to be set aside for two reasons. Firstly, on the finding that lands are not assigned lands, respondent No. 3 has lost jurisdiction to continue the proceedings. It was incumbent upon respondent No. 3 to close the proceedings initiated under the 1977 Act. Instead of doing so, he has acted beyond his jurisdiction in declaring the lands as belonging to the Government. While exercising his powers under the provisions of the 1977 Act, respondent No. 3 cannot exceed his jurisdiction by adjudicating on the title over the property like a civil court. Thus, the declaration made by respondent No. 3 in the impugned proceedings that the title of the land is vested in the Government is withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2013 filed in the respective Writ Petitions for interim relief are disposed of as infructuous. ADDENDUM Summation of conclusions on Point Nos. 1 to 4 (1) A patta granted under BSO-27 confers absolute title. (2) An assignment made under BSO-15 prior to 18-6-1954 in Andhra Area and a patta granted under Laoni Rules before 25-7-1958 in Telangana Area confer absolute title with right to transfer the land. Unless the Revenue functionaries are first satisfied that the land is an assigned land within the meaning of sub-section (1) of Section 2 of Act 9 of 1977, no proceeding for cancellation of assignment can be initiated. (3) In case of Laoni pattas granted on collection of market value, the pattadar is entitled to sell the land without any restrictions. (4) In respect of estate and inam lands, ryotwari pattas/occupancy rights certificates constitute title. In case of protected tenants under the Hyderabad Tenancy and Agricultural Act 1950, the protected tenants having ownership certificates hold absolute title. (5) In the absence of patta, revenue records form basis for determining title. A-Register/Diglot, Ledger/Chitta in Andhra Area and Sethwar, Supplementa ..... 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