Revenue Records — Cancellation of Pattadar Pass Books — Section 5(3) & 5-B of A.P. Rights in Land and Pattadar Pass Books Act, 1971 — Jurisdiction of Revenue Authorities — Civil Dispute — Alternative Remedy — Article 226
Constitution of India — Article 226 — A.P. Rights in Land and Pattadar Pass Books Act, 1971 — Sections 5(3), 5-B — Rule 19(2) — Revenue Entries — Pattadar Pass Books — Mutation — Title Dispute — Alternative Statutory Remedy — Status quo
A. Pattadar Pass Books — Cancellation — Scope of Revenue Jurisdiction
Revenue authorities exercising powers under the A.P. Rights in Land and Pattadar Pass Books Act, 1971 are competent only to effect mutation of entries for fiscal purposes and cannot adjudicate complicated questions relating to title, succession, genuineness or validity of registered sale deeds, which are matters falling within the exclusive domain of civil courts.
(Paras 6–8, 13–14)
B. Serious Dispute of Title — Limitation on Revenue Enquiry
Where rival parties assert competing rights over immovable property involving:
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succession,
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validity of registered sale deeds,
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death of alleged vendors prior to execution of documents, and
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challenge to chain of title,
such disputes constitute serious civil disputes, and revenue authorities ought not to decide title by branding registered documents as void or irregular.
(Paras 7, 13–14)
C. Revenue Records — Nature and Effect
Entries in revenue records, including:
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1-B Register,
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Pattadar Pass Books, and
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Title Deeds,
are not documents of title but are maintained for revenue purposes only. Cancellation or alteration of such entries cannot operate as declaration of ownership.
(Paras 6–7, 13)
D. Section 5(3) of ROR Act — Requirement of Notice and Enquiry
Section 5(3) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 read with Rule 19(2) mandates:
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issuance of notice to all persons whose names appear in revenue records, and
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opportunity of hearing prior to cancellation or modification of entries.
Persons whose names stand mutated pursuant to registered sale deeds are “persons interested” and cannot be excluded from enquiry.
(Paras 6, 13, 15)
E. Revisional Power under Section 5-B — Alternative Remedy
Under Section 5-B(2) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, the revisional authority is empowered to:
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call for records,
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examine legality and propriety of proceedings, and
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pass appropriate orders.
When such efficacious statutory remedy is available, the High Court ordinarily should not exercise discretionary jurisdiction under Article 226 of the Constitution of India.
(Paras 12, 15)
F. Maintainability of Writ Petition — Alternative Remedy
Though the petitioners were “persons interested” and entitled to question the impugned proceedings, the existence of an effective statutory remedy bars invocation of writ jurisdiction when:
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disputed questions of fact exist, and
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all grounds raised can be canvassed before the revisional authority.
(Para 15)
G. Interim Protection — Status Quo
In order to safeguard parties pending statutory proceedings, the High Court directed:
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maintenance of status quo as on the date of order,
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liberty to seek interim relief before revisional authority, and
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automatic vacation of interim protection in default of availing remedy within stipulated time.
(Para 15)
RATIO DECIDENDI
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Revenue authorities under the ROR Act cannot adjudicate disputed civil title or declare registered sale deeds void or irregular.
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Where complicated questions of succession and validity of conveyances arise, parties must be relegated to statutory or civil remedies.
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Persons whose names are recorded in revenue registers pursuant to registered sale deeds are “persons interested” entitled to notice and hearing.
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Availability of efficacious alternative remedy under Section 5-B of the ROR Act bars exercise of writ jurisdiction under Article 226.
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High Court may grant limited interim protection to preserve status quo while directing parties to pursue statutory remedies.
