Volume XIV - Dotted Lands
Volume XIV - Dotted Lands
,
CCLA & Spl. C.S.
FOREWORD
G. Jayalakshmi I.A.S.
Dr. N.Prabhakara Reddy, I.A.S.,
Additional CCLA & Secretary,
Chairman,
Revenue Manual Committee.
FOREWORD
It is hoped that this Manual will serve as both a foundation for legal
compliance and a tool for administrative excellence. It will also function as a
training and orientation resource for newly recruited officers, while acting as a
refresher for experienced personnel confronting evolving governance challenges.
I convey my sincere appreciation to all the officers and staff who have
contributed to the preparation of this Manual. I am confident that this publication
will significantly contribute to strengthening the Revenue Administration in
Andhra Pradesh and enhance the quality, efficiency, and fairness of public service
delivery.
This compendium has been prepared as a ready reference and aims to consolidate
various provisions pertaining to applicable legal frameworks and policies in one
place for the convenience of field-level officers.
While utmost care has been taken in compiling this material to ensure accuracy and
comprehensiveness as a quick guide, there is a possibility that some provisions may
have been inadvertently omitted, or minor errors may have crept in during this
exercise.
Users are therefore strongly advised to refer to the original sources of the
relevant acts, rules, and policies and to consult appropriate legal expertise
when making decisions or applying procedures.
Act No.10 Of 2017 (1st May 2017) Andhra Pradesh Dotted Lands (Updation in Re-
1 1-5
settlement Register) Act, 2017
G.O.Ms.No.210, Revenue (Assn.I)
2 Dept. Dt.14.06.2017 Commencement of the Act w.e.f 14.06.2017 6
(Amendment) Act No.8 of 2023 vide An act further to amend the Andhra Pradesh Dotted
5 AP Gazette No.08, Dt.24.04.2023 Lands (Updation in Re Settlement Register) Act, 2017 23-24
CCLA's Ref.No.REV02-
6 17/34/2023-SETTLEMENT I SEC, SOP for implementation of orders 25-26
Dt.08.05.2023
No.16 of RSR.
• In some cases, while putting dots in Pattadar column, the word 'P' was written
in Column No. (5) to convey it was Govt Poramboke lands. In such cases further
classification such as Rasta or Donka was also written in Column No. (17).
• In other cases, only dots were shown in Pattadar Column, while in Column No.5
it was marked as 'D' Meaning Dry or "W' meaning wet without any entry in
• No guidelines were issued on this issue, Revenue Officers have entered all dotted
lands in prohibitory lists prepared U/s 22-A(1) of the Registration Act, 1908
Issues:
• The persons who have been cultivating these lands have been facing serious problems
in proving their ownership or title over these lands including in the matters
• The persons adversely affected entries of dotted land have filed a large No.of
cases in Hon'ble High Court seeking directions to Sub-Registrars to register their
lands.
• The Hon'ble High Court has issued directions in several cases to register the lands,
holding that mere entries of land as dots in RSR is not a conclusive proof that
• The Hon'ble High Court in Writ Appeal No.232/2012 and batch, dated: 23.12.2015
has given directions to constitute a committee to deal with grievances relating
to lands entered in prohibitory property list including dotted lands.
• The Government have enacted the AP Dotted Lands (Updation in Re- settlement
Register) Act 2017 (Act.No.10 of 2017) came into force on the 14th day of June,
2017 vide G.O.Ms.No.210, Rev. (Assn.1) Dept. Dt.14.06.2017 to address the issue of
"Dotted Lands" in the state, and issued rules for disposal of claims vide GO.Ms.No.298,
Policy:
• The primary purpose of the Act is to update and correct the settlement records to reflect the actual
ownership and status of these lands, thereby providing clarity and security to landowners.
• By resolving these ambiguities, the Act aims to facilitate better land management, reduce disputes,
and support the state's agricultural and developmental activities.
THE ANDHRA PRADESH DOTTED LANDS
(UPDATION IN RE SETTLEMENT REGISTER) ACT, 2017
ARRANGEMENT OF SECTIONS
Sections
2. Definitions.
6. Filling of claim.
7. Disposal of claim.
8. Appeal.
(3) It shall come into force on such date as the Government may by
notification in the Andhra Pradesh Gazette, appoint.
8. Appeal - (1) An appeal against the orders of the District Level Committee
shall lie before the Chief Commissioner of Land Administration within ninety
(90) days;
10. Deletion u/s 22-A (1) of the Registration Act, 1908 - The Dotted
Lands updated in the name of Person in column No.(16) of Re-Settlement Register
shall be declared from the list of prohibitory lands notified under section 22-A
(1) of the Registration Ac, 1908 (Act No. 16 of 1908) as amended by the Andhra
Pradesh Act No. 19 of 2007 within one (1) month of the date of the order under
section 7 or section 8 as the case may be;
11. Protection for acting in good faith - No suit, prosecution or other
legal proceedings shall lie against any officer of the Government for anything
done in good faith under the provisions of this Act or the rules made there
under;
13. Power to make Rules - (1) The Government may, by notification, make
rules for carrying out all or the purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is
made, be laid before the Legislature of the State, if it is in session and if
it is not in session, in the session immediately following for a total period
of fourteen days which may be comprised in one session or in two
successive sessions and if, before the expiration of the session in which it
is laid or the session immediately following the Legislature of the State
agrees in making any modification in the rule or in the annulment of the
rule, the rule shall from the date on which the modification or annulment
is notified, have effect only in such modified from or shall stand annulled
as the case may be, so however that any such modification or annulment
shall be without prejudice to the validity of anything previously done under
that rule.
T. NARAYANA REDDY,
Secretary to Government (FAC),
Law Department.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
ORDER:
NOTIFICATION
In exercise of the powers conferred by sub-section (3) of section 1 of the Andhra
Pradesh Dotted Lands (Updation in Re-settlement Register) Act, 2017 (Act No. 10
of 2017), the Governor of Andhra Pradesh hereby appoints the 14th day of June,
2017, as the date on which the provisions of the said Act shall come into force. "
R.KARIKAL VALAVEN,
PRINCIPAL'SECRETARY TO GOVERNMENT, I/c.
To
The Commissioner of Printing and Stationery, A.P., Vijayawada.
(with a request to send 100 copies to Government and 250 copies to
the Special C.S. & Chief Commissioner of Land
Administration, A.P., Gollapudi, Vijayawada)
Copy to: J
The Special C.S. & Chief Commissioner of Land Administration,
A.P., Gollapudi, Vijayawada.
All the District Collectors.
All the Departments of Secretariat.
All the Heads of the Departments.
The Law (H) Department, A.P.Secretariat, Velagapudi.
The P.S. to Principal Secretary to Governor, Raj Bhavan, Hyderabad.
The P.S. to Secretary to Legislature, Legislature (Legn.) Sectt., Velagapudi.
The P.S. to Spl.C.S. to Hon'ble C.M.
The O.S.D to Hon'ble Deputy C.M. (Revenue)
The P.S. to Prl.Secy. to Govt. (Lands), Revenue Dept. (FAC)
SC/SF. .
// Forwarded :: By Order//
SECTION OFFICER.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
The Andhra Pradesh Dotted Lands (Updation in Re-settlement Register) Act, 2017 (Act No.10 of 2017) – The
Andhra Pradesh Dotted Lands (Updation in Re- settlement Register) Rules, 2017 - Notification – Orders – Issued.
G.O.Ms.No.298 Dated:17-07-2017.
Read the following:-
1. The Andhra Pradesh Dotted Lands (Updation in Re-settlement Register) Act, 2017 (Act
No.10 of 2017) published in the Extraordinary issue of the Andhra Pradesh Gazette No.10,
Part IV-A, dated 01.05.2017.
2. G.O.MS.No. 210, Revenue (Assn.I) Department, dated: 14-06-2017
3. From the Spl.CS & CCLA, Lr.No.Assn-I(1)/770/2012, dated 14.06.2017
<<>>
The following notification will be published in an Extra-ordinary issue of the Andhra Pradesh
Gazette, Dated:17-07-2017.
NOTIFICATION
In exercise of powers conferred by sub-section (1) of section 13 of the Andhra Pradesh Dotted
lands (Updation in Re-Settlement Register) Act, 2017 (Act No.10 of 2017), the Government of
Andhra Pradesh hereby makes the following rules.
2) Definitions:
In these rules, unless the context otherwise requires, -
(a) ‘Act’ means the Andhra Pradesh Dotted Lands (Updation in Re-
Settlement Register) Act, 2017.
(b) ‘Form’ means the forms appended to these rules.
(c) ‘Section’ means section of this Act.
(d) “Documents” means registered documents, entries in Register of holdings
maintained by the Registration department, 10(1) account and Record of Rights
maintained by the Revenue Department and order or decree of any court or
competent authority.
(e) “Dotted Lands” means the lands against which dots were marked in the pattadar
column No. (16) of the Re-Settlement Register, during the Resurvey and Settlement
operations,
(f) “Government” means the Government of Andhra Pradesh;
(g) “Notification” means the notification published in the Andhra Pradesh Gazette and
the word ‘notified’ shall be construed accordingly;
(h) “Person” means and includes individuals, institutions and organizations;
(i) “Re-Settlement Register” means the Register prepared after completion of resurvey
and settlement operations around the year 1916 AD. It is also called A – Register
or Diglot.
(P.T.O.)
-:02:-
(b) A claim for dotted lands covered under sub-section (2) of section 4 shall be in Form
II.
(c) A claim for dotted lands covered under sub-section (3) of section 4 shall be in Form
III.
(d) Appeal under sub-section (1) of section 8 shall be in Form IV.
(e) The forms appended to these rules shall be used with such modifications as may
become necessary in the administration of the Act.
(c) The Tahsildar/ Convenor of the District Level Committee shall issue notice to all the
interested persons and also notice shall be affixed on the notice boards of Office of
the Tahsildar, Gram Panchayath Office and Village Revenue Officer office, Primary
Agricultural Cooperative Society and any other conspicuous place in the village.
Wide publicity shall be given by beat of tom-tom for filing of written objections by
any interested person within thirty (30) days from the date of publication of notice,
before the Tahsildar/ Convenor concerned.
(d) Tahsildar shall maintain a Register of objections received in each claim, village-
wise in the following proforma.
Sl. Claim Name of Name Sy. Extent Name of Gist of Date of Remarks
No. No. the of the No. in the objection receipt of
claimant village acres objector objection
with with
address address
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(e) Tahsildar shall issue acknowledgment in duplicate. One to the objector, and the
2nd copy to be filed along with the claim.
(f ) The Tahsildar shall fix a date for conduct of enquiry in the village itself. The notice
of enquiry shall also be published in the same manner as mentioned in rule 4(c).
The notice shall be in form No.VIII. The minimum period of notice shall be not less
than seven (7) clear working days.
(g) During the enquiry referred in rule 4(f), the Tahsildar/ Convenor of the District
Level Committee shall
(i) Receive further objections in writing that may be submitted to him.
(ii) Hear any oral representation made in respect of any claim and make a
summary record of such representation and
(iii) Examine the relevant records, Registers and accounts already
maintained in respect of the lands in the village.
(Contd...)
-:03:-
(h) The Tahsildar/ Convenor holding the enquiry under rule 4(f) may, if he so thinks fit,
adjourn the enquiry to later date or dates.
(i) Every such adjourned enquiry shall be held in the village and the date or dates to
which the enquiry is adjourned shall be announced in public by Tahsildar/ convenor
himself at the time of adjournment.
(j) If the enquiry could not be conducted due to other reasons, the next date of enquiry
shall be published in the manner mentioned in rule 4(c).
(k) During the course of enquiry referred to in rule 4(f), if the Tahsildar/ Convenor
considers it expedient:
(i) Summon the attendance of any person for the purpose of
examining him/ her.
(ii) Require any person to produce any document believed to be in his
possession and
(iii) Enter upon, inspect and measure or cause to be measured any land.
m) The District Level Committee shall take a decision on the report submitted by the Tahsildar/
Convenor after perusing the claim, objections, evidences, records etc., and shall pass
speaking orders under section 7 of the Act in each claim within 6 months from the date of
filling of the claim.
5. Appeal:
(a) On receipt of appeal under section 8 of the Act, against the orders of the District
Level Committee u/s 7 of the Act in the proforma referred to in rule 3(d) in the Form-
IV, the Chief Commissioner of Land Administration shall issue notice in Form-IX to
the appellant to present before him on the date of hearing as fixed.
b) The Chief Commissioner of Land Administration shall hear and dispose of the appeal
on merits after perusing the connected records and appeal of the appellant and
shall issue speaking orders u/s 8 of the Act.
(b) The Registering officer concerned shall delete the lands as furnished by the
District Collector under rule 7(a) from the prohibitory lists furnished under section
22-A(1) of the Registration Act, 1908.
(Contd..)
8. Removal of Difficulties:
If any difficulty arises as to the interpretation of any provisions of these Rules or in the
implementation of such provisions, the State Government shall have powers to issue
clarifications/ directions for the purpose of removal of the difficulties.
R.KARIKAL VALAVEN,
PRINCIPAL SECRETARY TO GOVERNMENT, I/c.
To
The Commissioner of Printing and Stationery, A.P., Vijayawada.
(with a request to send 100 copies to Government and 250 copies to the Special C.S. & C.C.L.A., A.P.,
Gollapudi, Vijayawada)
Copy to:
The Special C.S. & Chief Commissioner of
Land Administration, A.P., Gollapudi, Vijayawada.
All the District Collectors.
All the Departments of Secretariat.
The Law (H) Department, A.P.Secretariat, Velagapudi.
The P.S. to Principal Secretary to Governor, Raj Bhavan, Hyderabad.
The P.S. to Secretary to Legislature, Legislature (Legn.) Sectt., Velagapudi. The P.S. to Spl.C.S. to Hon’ble
C.M.
The O.S.D to Hon’ble Deputy C.M. (Revenue)
The P.S. to Prl.Secy. to Govt. (Lands) I/c., Revenue Dept. SC/SF.
// Forwarded :: By Order //
SECTION OFFICER.
(Annexure to GO…)
(To G.O.Ms.No.298, Revenue (Assn.I) Dept., dated 17-07-2017)
FORM – I
(A claim for dotted lands covered under Sub-section (1) of Section 4 of the Act [see Sub Section (1) of Section 6 of
the Act and Rule 3(a)]
To
The District Collector and
Chairperson District Level Committee,
…..................................... District.
Sir,
As the above lands are not assigned or alienated or transferred, not claimed by anybody and
vacant, I request that the orders may be issued for making an entry “Government Poramboke” in Re-
Settlement Register and other Revenue Records.
Place:
Date:
(A claim for dotted lands covered under Sub-section (2) of Section 4 of the Act [see Sub-Section(1) of Section 6 of
the Act and Rule 3(b)]
To
The District Collector and Chairperson, District Level
Committee,
…..................................... District.
Sir,
1 2 3 4 5 6 7
As the above lands were assigned/ alienated/ transferred to other Government departments by
the Government of A.P, orders may be issued for making an entry in the name of assignee/ alienee or
transferee and also issue orders for making entry in Column No.17/ Remarks column of Re-Settlement
Register as “Government assigned/ alienated/ transferred”.
Signature of Tahsildar,
… ........................ Mandal.
To
The District Collector and Chairperson, District Level
Committee,
….................................... District.
Sir,
I/ we request that my/ our name may kindly be entered in Re-Settlement Register and other
Revenue Records and deleted from the prohibitory properties list furnished to Registration Department
u/s 22-A(1) of Registration Act 1908.
Signature(s) of claimant(s)
With address and
Contact No.
Place:
Date:
To
The Chief Commissioner of Land Administration, A.P,
Vijayawada.
Sir,
I/we…………………………………, S/o, D/o, W/o................................................. R/o
………………………. Village…………………. Mandal …..………………….District, state that the following
dotted lands are in my /our possession and enjoyment for the last
…………. Years. I/we hereby declare that the land claimed by me/us as shown hereunder is not
assigned land (or) leased land.
The District Level Committee through its order No………..dt. ......................... has
refused to enter my/ our name in the relevant column of RSR and to delete the property from
the prohibited properties list furnished u/s 22-A(1) of Registration Act 1908.
I/ we prefer an appeal on the orders of the District Level Committee before the CCLA.
The appeal is within the time limit of 90 days.
I/ we submit the following documents for kind perusal and for issuance of appropriate
orders.
I/we request that my/our name may kindly be entered in Re-Settlement Register and
other Revenue Records and deleted from the prohibitory properties list furnished Registration
Department u/s 22-A(1) of Registration Act 1908.
It is hereby informed that the following dotted lands are vacant and not assigned or alienated or
transferred or claimed by any person and requested to issue orders for making an entry “Government
Poramboke” in Re-Settlement Register and other Revenue Records.
If anyperson has any claim over the above said dotted lands may file his/her claim before the
under signed within (30) days from the date of publication of this notice for placing before District Level
Committee for necessary orders in accordance with law.
Tahsildar/ Convenor,
…................................... Mandal,
… ..................................... District.
Date:
Place:
Date:
Form – VI
Notice - 2
[see Section 7 of the Act and Rule 4(c)]
(for the dotted lands claimed under Sub-section (2) of Section 4 of the Act)
It is hereby informed that the following dotted lands are assigned / alienated/ transferred by the
Government and requested for issue of orders to make entries of names of assignees/ alienees/
transferees as the case may be and to make an entry “Assigned or alienated or transferred” as the case
may be in Column 17/ remarks column of Re-Settlement Register.
If anybody has any claim over above mentioned lands shall claim before the under signed within
(30) days from the date of publication of this notice for placing before District Level Committee for
necessary orders in accordance with Law.
Tahsildar/ Convenor,
…................................... Mandal,
… ..................................... District.
Place :
Date:
Form - VII
Notice – 3
(for dotted lands claimed by individuals covered under Sub section(3) of Section 4 of the Act)
If anybody has any claim over the above said lands shall claim before the undersigned within
(30) days for placing before District Level Committee for necessary orders in accordance with Law.
Tahsildar/ Convenor,
…................................... Mandal,
… ..................................... District.
To
1)
2)
3)
4)
Notice – VIII
Notice - 4
[see Rule 4(f)]
Sl. Name Name of the Sy. Extent in Names of Gist of the Remarks
No. of the claimant with No. acres objectors objection
village address
1 2 3 4 5 6 7 8
Whereas the undersigned is authorized under rule 4(f) of A.P Dotted Lands (updation in Re-
settlement Register) rules 2017 for conduct of enquiry.
Therefore, all the claimants, objectors and all the persons claiming interest in the lands
mentioned against each claim are directed to attend the enquiry on…………… at A.M/ P.M
……………….. (venue) without fail with all relevant documents/ proofs. If anybody fails to attend the
enquiry or fails to produce any documents in support of their claim, it will be construed that they have
nothing to offer and report will be submitted to District Level Committee based on the records available.
To
1)
2)
3)
4)
5)
Form-IX
Notice - 5
Hence, the persons noted in address entry are directed to attend for hearing on
………………… at ………… at ………………………….(venue) with all relevant documents
before the undersigned without fail, or otherwise it will be construed that they have nothing
to offer and orders will be passed based on the material available on records.
Ref: 1. Government orders notifying the list of properties recommended under Section
22-A(l)(e) of Registration Act, 1908 of all Districts.
•
2. A.P.Dotted lands (Updation in Re-settlement Register) Act, 2017 (Act
No. 10 of 2017)
6. Govt.Memo.No.REV01-LANA0LAND(NOTF)/5/2019-ASSN.I,
Rev(Assn.l)Dept„ dt.18.11.2019.
7. Memo.No.REV01/LANA/19/2020-SECY-LANDS-Endt. dt.21-12-2020.
***
1. The attention of the Spl. CS & Chief Commissioner of Land Administration, A.P.
and the District Collectors is invited to the subject and references cited. They are informed that
several representations were received by the Government from members of the public that
lands owned by them for long periods of time and with documentary proof of the same, were
erroneously notified under clause 22A(1) (a) to (e), resulting in registration authorities
refusing to register any documents pertaining to the notified survey numbers. Government
continues to receive multiple representations on a continuous basis on the same subject.
2. In order to rectify the situation, the Government enacted "The A.P. Dotted Lands
(Updation in Re-settlement Register) Act, 2017 (Dotted Lands Act, for short)" and the
same has come into force with effect from 14th June, 2017 (vide G.O.Ms.No.210, Revenue
(Assignment.!) Dept dtl4-06-2017). In follow up, Government have issued "The A.P.
Dotted Lands (Updation in Re-settlement Register) Rules 2017 vide G.O.Ms.No.298
Revenue (Assn.1) Department, dt.17.07.2017.
issued from time to time to guide disposal of claims filed under the provisions of
A.P.Dotted lands (Updation in Re-settlement Register) Act, 2017.
(a) The District collector shall furnish the list of lands to the Registering officer
concerned for deletion from the prohibitory lists already furnished to the
Registration Department u/s 22-A(l) of the Registration Act, 1908 within one
month of thqdate of the order under section 7 (or) 8 of the Act as the case
may be.
(b) The Registering officer concerned shall delete the lands as furnished
by the District collector under rule 7(a) from the prohibitory lists furnished
under section 22-A(l) ofthe Registration Act, 1908.
After careful examination, Government hereby clarifies that cases for deletion
from prohibitory lists, under any of the sections 22-A(l)(a) to (e), shall be
dealt with and disposed by Collectors in terms of the A.P. Dotted Lands
(Updation in Re-settlement Register) Act, 2017 without further reference to
the CCLA or the Government. All pending cases at the level of the CCLA
and Government shall be returned back to Collectors for disposal
accordingly.
Documents as mentioned in the Explanation in Section 4(3) of the Dotted Lands Act
are defined in Section 2(a) of the Dotted Lands Act:
Government hereby clarifies once again that any one of the Documents
mentioned in Section 2(a) can constitute conclusive proof of continuous
File No.REVU1-LANAULAND(PM)/8/2020-LANDS-I
possession for a period of twelve years or more prior to the commencement of this
Act. Multiple documents shall not be insisted upon.
7. Section 6 of the AP Record of rights in Land and Pattadar Passbooks Act (RoR Act,
for short) reads as under:
Government hereby clarifies that the Record of Rights maintained by the Revenue
Department, alone can constitute conclusive proof of continuous possession for a
period of twelve years or more prior to the commencement of this Act, if the
Record of Rights entry can be traced back for 12 years before the critical date
mentioned in the Dotted Lands Act 2017.
8. The District Collectors are directed to expeditiously dispose all pending cases
and cases that come up before them in future. The Spl. CS & Chief Commissioner
of Land Administration is directed to review this item of work on a weekly basis with
Collectors to ensure expeditious disposal of matters.
Chief Commissioner
To '
The Special C.S. & Chief Commissioner of Land Administration
All District Collectors in the State
All Joint Collectors in the State
Copy to
Sf/Sc.
// FORWARDED :: BY ORDER //
SECTION OFFICER
Registered No HSE/49. [Price: Rs.2-00 Paise
1. (1) This Act may be called the Andhra Pradesh Dotted lands (Updation Short Title and
(2) It shall be deemed to have come into force with effect on and from the
29th December,’2022. .
2. In the Andhra Pradesh Dotted lands (Updation in Re-settlement Amendment Amendment
Register) Act, 2017, in section 2, for clause (b), the following shall be Section 2
substituted, namely,- Act No.10 of 2017
“(b) “Dotted Lands" means the lands against which dots were marked in
the pattadar column and/or remarks column of the Re Settlement Register
or lands where the pattadar column and/or remarks column of the Re-
settlement Register was left blank or lands where the expression
“Anadheenam” is mentioned in the
J-42/94 [1]
1 ANDHRA PRADESH GAZETTE EXTRAORDINARY [PART IV-B
Repeal and 3. (1) The Andhra Pradesh Dotted lands (Updation in Re-settlement
savings
Register) (Amendment) Ordinance, 2022, is hereby repealed.
Ordinance No. 16
of 2022
(2) Notwithstanding such repeal, anything done or any action taken under
the said Ordinance shall be deemed to have been done or taken under
this Act.
Printed by the Commissioner of Printing at A.P. Legislative Assembly Printing Press, Amaravati.
File NO.REV02-1 7/34/2023-SETLLEMENT I SEC-CCLA 58
1/757967/2023(27)
The attention of all the District Collectors is invited to the reference cited. The
Government, as per reports submitted by the Collectors, have issued Notifications re-
categorizing /de-notifying the lands notified in 2016/2019, U/s.22- A (1) (e) of the Registration
Act, 1908, vide (17) GOs issued in 2023.
Further action in respect of lands which have been removed from the list of
prohibited properties under section 22A(l)(e) of the Registration Act 1908, by the Government,
based on recommendations of District Collectors, vide recently issued G.Os, shall
be carried out as per the following guidelines:
1. In cases the name of the pattadars are already part of the Revenue
records (1-B and Adangal): If the name of the pattadar is already part of
the revenue records, the entries in pattadar column shall be held valid. No
further action is needed in such cases
2. In case of Registered Transactions: Since transactions are now permitted
on these lands, any resultant changes may be permitted through the mutation
process without further reference to DLAC.AII action in these cases ends at the
level of the Tahsildar.
3. In case of Sadabainama: In all sadabainama cases, the procedure
prescribed under the sadabainama G.O. may be followed. All action in
File NO.REV02-1(/34/2023-SETLLEMENI I SEC-CCLA ay
1/757967/2023(27)
G Sai Prasad I A S
CCLA& Spl. C.S.
To
****
Attention of the Collector, SPSR Nellore District is invited to the references cited.
In the reference 6th cited, the District Collector, SPSR Nellore has requested
for a clarification on the lands which were recorded as Dotted lands in RSR but
noted as "Anadheenam" in ROH, be considered as patta lands as per A.P. Dotted
Lands (Updation in RSR) Act, 2017 for disposal of pending grievances.
In this regard, it is to inform that the issue has already been clarified vide this Office
reference 4th cited (copy enclosed for ready reference). Therefore, the same shall
be followed scrupulously and in conformity with the provisions of the Act 10/17 and
Memo vide reference 1st cited.
G Sai Prasad I A S
CCLA& Spl. C.S.
To
The Collector,
SPSR Nellore District (tappal-nlr@ap.gov.in).
Attention of all the District Collectors in the State is invited to the references
cited.
2) In continuation of the instructions that have been issued so far on
the right categorization of dotted lands U/s 22-A of the Registration Act, 1908, it is
to reiterate that the following steps shall be taken for implementation of the same:
Sec.4 (1) of the Act: All the Dotted lands falling under this category shall
be placed under 22-A (1) (b) of the Registration Act, 1908.
Sec.4 (2) of the Act: All the Dotted lands falling under this category shall
be placed under 22-A (1) (b) of the Registration Act, 1908, in case of alienation/transfer.
All the Dotted lands falling under this category shall be placed under 22-A
(1) (a) of the Registration Act, 1908, in case of assignment, subject to the
applicability of the provisions of the Act 9/77.
File NO.KEVUZ-1 (/54/2UZ3-SETTILEMENI I SEC-CCLA
1/869536/2023
s
Sec.4 (3) of the Act: The remaining lands shall be removed from Sec.22
(A), subject to the satisfaction of the provisions of the Dotted Lands Act 2017 and
records.
Digitally Signed by A Md
Imtiaz IA S
Date: 22-11-2023 15:24:44
Reason: Approved
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
***
ORDER:
Several Wit Petitions have been filed by the persons assailing inaction of the
Registering Authorities in receiving, registering and delivering the documents
presented for registration in exercise of the powers under Section 22-A of the
Registration Act, 1908. The Learned Single Judges disposed of the W.Ps. with various
directions in the matter.
J.C. SHARMA,
SPECIAL CHIEF SECRETARY TO GOVERNMENT.
To
The Spl.C.S. & Chief Commissioner of Land Administration, A.P., Hyderabad.
The Commissioner of Survey, Settlement & Land Records, A.P, Hyderabad.
The Director & I.G., Registration & Stamps, A.P., Hyderabad.
All the District Collectors.
Copy to:
The Administrative Officer, O/o. the Learned Advocate General, A.P.,
High Court Buildings, Hyderabad.
Law Department
P.S. to Spl.C.S. to Hon'ble C.M.
O.S.D. to Hon'ble Deputy C.M. (Revenue).
P.S. to Chief Secretary.
P.S. to Special Chief Secretary to Govt., Revenue (Lands) Dept.
All Assignment Sections in Revenue Department.
SF/SC.
// Forwarded :: By order//
SECTION OFFICER.
File No.REV02/206/2022-KRC SEC-CCLA
An analysis of all the lands notified in these lists was made in the
light of the provisions/Orders issued vide reference 2nd to 10th cited. It is understood
that certain prohibited lands which should have been included under other
categories of section 22-A(l) have been recommended for notification under 22-
A(l)(e). Further, several lands which should not have been notified under these
lists were included in the prohibited lists, as can be understood from the
large number of survey numbers which were deleted from these lists of prohibited
properties at a later date.
The list of prohibited properties U/s 22-A(1)(e) for your present District
would be found in the G.O of the erstwhile Krishna District.
a. To begin with, you may extract all the survey numbers belonging to your District
from the 1st reference.
b. These survey numbers may thereafter be made into a separate list and the
same shall be ordered Mandal wise, village wise and each survey number may
be given a distinct serial number (ensure that no number form the 1st reference
G.O is missed).
c. Different reasons for which these survey numbers were included in the
original G.O may be listed out separately.
d. Please prepare sub-lists of all serial numbers in the list at (b) above, on the lines
of the model list prepared by the CCLA office for the erstwhile District. Please ensure
that no serial number from the list at (b) above is missed.
e. Deletions based on removal orders issued by the Government as well as by Collectors
may be provided in a separate list.
f. You are free to add additional sub-categories, vis-a-vis CCLA office list.
g. In many cases it is observed that when the intention was to include only one sub-division of the
given survey number in the G.O, but inadvertently the entire survey number was included. Such
substitutions that are desired may be provided in a separate list.
h. It is seen that the list of Dotted lands in the 1st reference is huge and this needs to be sub-divided
into the following (03) categories into three sub- lists:
Dotted lands which are Government Porambokes
Dotted lands which are assigned/alienated
Dotted lands
In this regard, all the Collectors are requested to complete the above exercise
at the earliest and in any case, in not more than two weeks from now.
G Sai Prasad I A S
CCLA & Spl C.S
File No.REV02/206/2022-KRC SEC-CCLA
To
The District Collector, Krishna District
Copy to Special CS, Revenue(Lands) Dept, GoAP
D.O.Letter No:20021/7/2016/Asn.l,Dt:06.02.2016
Dear Sri,
3. Therefore, I request you to take personal interest in the matter and see that necessary
action is taken within the time stipulated by the Hon’ble High Court to avoid further
legal complications.
Yours sincerely,
(JC SHARMA)
c) documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or
lease exceeding (ten) 10 years in respect of immovable property, owned by Religious and
Charitable Endowments falling under the purview of the Andhra Pradesh Charitable and Hindu
Religious Institutions and Endowments Act, 1987 or by Wakfs falling under the Wakfs Act, 1995
d) Agricultural or urban lands declared as surplus under the Andhra Pradesh Land Reforms
(Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling and Regulation) Act,
1976;
e) Any documents or class of documents pertaining to the properties the State Government
Central and State Governments, Local Bodies, Educational, Cultural, Religious and
Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct
and Indirect Tax Laws and others which are likely to adversely affect these interest.
> Lists to be prepared within 4 months from the date
of pronounce Full Bench Judgement i.e.,
23.12.2015
There is no need to notify these lists prepared under 22-A(1 )(a) to (d).
Note.- Only few examples were given in the judgement. The remaining
cases have to identified for including the same in this list.
a) Porambokes such as roads, tanks, lakes etc., as per para 22 & 22.10 of
the Full Bench Judgement:
a) A.W/UAWlands
b) Lands declared as Govt.lands under Inam obolition Act
c) Lands declared as Govt.lands under Escheats & Bona Vacantia Act
d) Alienated Govt.lands in favour of Industries etc.,
e) Other cases have to identified for including the same in this list.
Note:-
****
23-12-2015 vs Vinjamuri Rajagopala Chary And Others
THE HONBLE THE ACTING CHIEF JUSTICE SRI DILIP B.BHOSALE, THE HONBLE JUSTICE VILAS V.A
23-12-2015
COMMON JUDGMENT:
(per the Hon’ble The Acting Chief Justice Sri Dilip B.Bhosale) The order of reference
dated 05.08.2015, which has occasioned the constitution of this Full Bench, has been passed
by a Division Bench at the request of the learned counsel for the parties having regard to few
judgments of the learned single Judges disposing writ petitions, assailing inaction of
registering authorities in receiving, registering and delivering the documents presented for
registration in exercise of the powers under Section 22-A of the Registration Act,1908 (for
short Registration Act). In those judgments, various directions have been issued by the learned
single Judges, which, according to the learned counsel for the parties, are either conflicting or
inconsistent.
2. Along with these Writ Appeals (W.A.Nos.343 of 2015, 232 of 2012 and 352 of 2013) several
other writ appeals and more than 1200 writ petitions, where similar challenge has been raised,
were also listed for hearing before the Division Bench, when the reference order was passed.
This Bench is informed that more than 2000 writ appeals/petitions are pending in this Court
raising similar challenge awaiting adjudication.
Learned counsel appearing for the parties have jointly requested to refer this batch of
writ appeals/petitions to a Full Bench. The request is made in view of the fact that
there are five judgments of five learned Judges dealing with Section 22-A of the
Registration Act, 1908. One of the judgments is written by one of us (S.V.Bhatt, J).
The view taken in all five judgments is not similar.
In view thereof, we direct the office to place this order before the Honble the Acting
Chief Justice on the administrative side for constituting a Full Bench.
It is made clear that since the questions arising from Section 22-A are framed in the
five judgments, we are not framing any question as such at this stage. The questions
to be considered by the Full Bench will be framed by the said Bench.
4. Before we frame the questions, to be considered by this Bench, we make it clear that
we have heard not only learned counsel appearing for the parties in these three appeals, but
we also allowed all Advocates appearing for parties, who desired to address the Court, in
pending matters, wherein similar issues/questions have been raised, to address the Court.
Most of the lawyers adopted the submissions advanced by learned Senior Counsel, including
Sri D.V.Sitharama Murthy, the Amicus Curaie. Some of the Advocates made submissions in
the light of the facts of their respective cases. We make it clear that we are not dealing with
any individual case as such and we propose to decide
properties are under lease or other use by the said institutions or establishments and it is
only in such cases, that issuance of notification is necessary, for the prohibition, to
operate.
9. The fourth judgment is dated 31.12.2012 [in Raavi Satish and Others v. State of A.P and
Others] which disposed of W.P.Nos.30526 of 2012 and batch.
9.1 Broadly, these cases arose on account of the action of the Registering Officers of the
Registration and Stamps Department in different parts of the State of Andhra Pradesh in
not receiving and registering sale deeds or other documents executed for transfer of immovable
properties. The acts of refusal are based on different reasons. When some of these cases came
up before the learned single Judge, it was noticed that there is an alarming rise in the
number of cases being filed with the complaint of non-registration of the properties in recent
times. It was further noticed that most of the cases of refusal to register are due to reasons,
which this Court, on many earlier occasions, held as unsustainable and falling outside the
scope of the provisions of Section 22-A of the Registration Act and that even though the law is
well settled on several aspects, the Registering authorities have been again and again raising
the same objections for registration of the properties which were earlier rejected by this
Court. As the spate of the litigation was continuing unabated, as evident from the fact that in
the year 2012 itself, as many as 3360 writ petitions, which constitute almost 10% of the total
number of writ petitions filed in that year, the learned Judge of this Court felt that it is
high-time that a quietus must be placed on this unnecessary and avoidable litigation. Therefore,
a detailed interim order was made on 14.11.2012 broadly classifying the cases based on the
reasons for rejection to register the properties and the Principal Secretary (Revenue) was
directed to lay down specific criteria to be followed by the Sub-Registrars in the State based on
the decided case law.
9.2 Then a counter-affidavit was filed by the Principal Secretary, Revenue Department, on
perusal of which the learned Judge had expressed dissatisfaction as the Principal Secretary
has sought to point out that he has no control over the Registration and Stamps Department,
which is headed by a separate Principal Secretary' and without whose involvement it is
not possible to lay down guidelines. The batch of cases were then adjourned with the
direction to both the Principal Secretaries of Revenue and Revenue (Stamps & Registration)
Departments to make a joint exercise for framing the guidelines. On that a further affidavit
was filed by the Principal Secretary to the Government, Revenue Department, wherein he
has inter alia requested for an adjournment by stating that as per A.P. Government Rules
and Secretariat Instructions, the issues pertaining to policy decisions, which have
administrative importance, have to be circulated to the Chief Minister. As the learned Judge of
this Court was convinced that in view of the settled legal position on various aspects it was
quite unnecessary for the issues to undergo the above mentioned process suggested by the
Principal Secretary, Revenue Department, and instead this Court itself can pronounce a
Judgment in the light of the well settled legal position and the cases were heard.
9.3 On the direction of the learned Judge of this Court, the learned Government Pleader
categorized the cases on the basis of the nature of the reasons for refusal to register the
properties and furnished the list to the Court. The reasons for the refusal to receive and
register the documents by the Registering authorities/Sub-Registrars are as follows:
(a) that the Re-Settlement Register (RSR) contains dots against the column
"owner/occupant of the land";
(b) that the Registers maintained by the Revenue Department have described the
lands as Assessed Waste Dry (AWD);
(d) that the lands belong to the Hindu Religious or Charitable Endowments, Wakfs,
Christian Missionaries and Local Bodies.
9.4 In this backdrop, the learned Judge, after considering the questions that fell for
his consideration, in depth, in paragraphs 34 to 36, issued various directions which read thus:-
34. In order to see that the litigation of this nature is curbed once and for all, I feel it
not only appropriate, but also imperative to issue the following directions, which
shall be of general application throughout the State of Andhra Pradesh and govern all
transactions of registration, to take place in future:
(A) The Registering officers shall not insist on production of NOCs as a condition for
receiving the documents for registration.
(B) The Registering officers shall not refuse to receive the documents for registration
only on the ground that the properties were included in the prohibitory lists sent by
the Revenue authorities, for reasons such as that the ownership column of the RSR
contains dots, or that the lands are shown as AWD lands in the Revenue Records or
that the lands are assigned lands.
(C) In cases of entries in RSRs containing dots or describing the lands as AWD, unless
a notification has been issued under Section 22-A(2) of the Act, the Registering officers
shall not refuse to receive and register the documents. The registration of such
documents, however, shall be without prejudice to the right of the Government and
its functionaries to initiate appropriate proceedings for recovery of possession of the
properties covered by such documents, if in their opinion they belong to the
Government.
(D) In cases of assigned lands, if there is clear proof to the effect that such
assignments were made prior to the issuance of G.O.Ms. No. 1142, dated 18-6-1954 in
the Andhra Area and G.O.Ms. No. 1406, dated 25-7-1958 in the Telangana Area, the
Registering officers shall receive and register the documents, notwithstanding the
fact that the properties were included in the prohibitory lists sent by the Revenue
authorities. In respect of the documents involving properties assigned subsequent to the
issuance of the above mentioned G.Os., in view of the embargo contained in Section
5(2) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, the
(E) Wherever there is no specific evidence that assignments of lands were made
subsequent to the issuance of G.O.Ms. No. 1142, dated 18-6-1954 in the Andhra
Area and G.O.Ms. No. 1406, dated 25-7-1958 in the Telangana Area, benefit of doubt
should be extended in favour of the parties who intend to transfer the lands.
In such cases, the Registering officers shall write to the Revenue authorities to produce proof of
the fact that the assignments were made subsequent to 18-6-1954 or 25-7- 1958, as the case
may be, within a stipulated time. If within such time, the Revenue authority concerned fails to
send such proof, the Registering officers shall register the documents.
(F) In cases of documents pertaining to assignments made to Ex-servicemen and Freedom fighters,
the Registering officers must consider whether ten years period has expired from the date of
assignment and shall register the documents if the said period has expired. In other cases,
the Registering officers shall pass an order under Section 71 of the Act and communicate the same
to the parties concerned.
(G) In cases pertaining to assignments made to Political Sufferers, the assignees or the persons
claiming through them are entitled to transfer the lands by sale or otherwise without any
restrictions and the Registering officers shall receive and register the documents whenever they
are presented.
(H) Where assignments are made on payment of market value, the Registering officers shall not
refuse to register unless the assignment deed stipulated any period during which the land shall
not be sold and the stipulated time has not expired.
(1) In cases of alienation of properties which are claimed to belong to Religious and Charitable
Endowments falling under the A.P. Hindu Religious Institutions and Endowments Act, 1987,
or Wakfs falling under the Wakfs Act, 1995, unless relevant material is available before the
Registering officers to show that they are owned by such Institutions, registration of the documents
shall not be refused. Even if evidence is available to show that the properties sought to be alienated
belong to the Institutions referred to above, the Registering officers shall receive the documents,
pass orders assigning reasons for rejection and communicate the same to the parties concerned,
who shall be free to assail such orders by availing the remedy of appeal under Section 72 of the
Act.
(J) In cases where notifications are issued under subsection (2) of Section 22-A(1) of the Act
prohibiting registration of the documents pertaining to the properties falling under clause (e) of
sub-section (1) of Section 22-A of the Act, the Registering officers shall make an endorsement
while refusing to receive the document specifying the reason for such refusal. Needless to observe
that if the parties feel aggrieved by such rejection orders, they can avail appropriate remedies as
available in law.
The above directions shall bind all the Revenue authorities and the Registering officers in the State
of Andhra Pradesh, irrespective of whether they are parties to this batch of Writ Petitions or not.
Violation of the above directions by the officers concerned will be viewed as contempt of Court. If
such instances come to the notice of this Court, it may exercise the option of initiating contempt
proceedings suo motu against such officers even though they are not parties to these cases.
35. The Principal Secretaries of the Departments of Revenue and Revenue (Registration & Stamps),
Government of Andhra Pradesh, shall circulate this Judgment to the officers under their respective
jurisdictions under separate circulars to be issued in this regard.
36. As a sequel to disposal of the Writ Petitions, all the pending miscellaneous applications filed for
interim relief in these Writ Petitions, are disposed of as infructuous.
(emphasis supplied) 9.4.1 It would be relevant to notice the observations made by the learned Judge
in paragraph 11 of this judgment, which read thus:-
section (2) of Section 22-A of the Act is issued, the Registering authority has no option except to
refuse to register the document in view of the prohibition contained in sub-section (3) thereof.
However, in the absence of notification, even if any communication is sent by the Revenue
authorities claiming the land as belonging to the Government, such a communication does not bind
the Registering authority. The Registering authority can, at best, consider whether any material in
support of the claim of the Revenue Department is available and take appropriate decision under
Section 71 of the Act after considering the material that may be submitted by the party presenting the
document to substantiate his plea that the land is a private land. In the absence of a notification, the
Registering officer cannot refuse to receive the document by elevating the status of the
prohibitory lists sent by the Revenue Department to that of statutory notifications issued under
sub-section (2) of Section 22-A of the Act. (emphasis supplied) 9.5 In this judgment (Raavi Satish and
Others v. State of A.P and Others) the learned Judge has extensively dealt with the properties in
respect of which entries in Re- Settlement Register (RSR) contain dots or describe
such properties/lands as Assessed Waste Dry (AWD) and so also the assigned lands and issued
directions as to how registering authorities should deal with the documents when presented for
registration in respect of such properties. The learned Judge has also dealt with the properties
belonging to Religious, Charitable Endowments and Wakfs falling under the A.P. Hindu Religious
Institutions and Endowments Act, 1987, and Wakfs Act, 1995, respectively and issued directions as
to how to deal with the documents presented for registration in respect of such properties. Issuance
of notification under sub- section (2) of Section 22-A is held to be mandator}7 and where a property is
covered by the notification, it is observed that registration of such a document can be refused by the
Registering Authority.
10. The fifth judgment dated 29.01.2015 [in Vinjamuri Rajagopala Chary v. Government of A.P and
Others] disposed of W.P.No.31409 of 2014.
(2 ) of Section 22-A of the Registration Act. He submitted that a citizen cannot be deprived of his right
to property guaranteed under Article 300-A of the Constitution of India without following the principles
of natural justice and having disregard to other laws relating to limitation and prescriptive
rights of the citizens. He submitted that with a stroke of pen an Administrative Officer can put an end
to the property rights enjoyed by the citizen guaranteed under Article 300-A without assigning any
reason what-so-ever. He submitted that sub-section (2) of Section 22-A contemplates an enquiry by
the District Collector/Commissioner/Secretary/ competent authority before sending particulars of
any property to the Government depriving a citizen of the property included in the list/notification.
29.1 Mr.C.V.Mohan Reddy further submitted that there are many instances where properties are
mutated in the names of private parties and the names are entered in revenue records continuously
for a long period; but, later, for some reason or the other, the names of private parties or their
successors in interest are found missing from relevant columns in the revenue records; and in place
of the name of pattedar or occupier, some dots (..) are being noted. All such properties against
which some dots (..) are noted and against which blanks are kept in the Registers without
entering name of any person are being claimed as properties owned by the State or the
Central Governments ignoring the long possessory title of private parties. In many cases there
are documents evidencing possession for over several statutory periods; and in certain other cases
there were transfer of properties by successive sale deeds or other conveyances; but, still the
properties are being claimed as Government properties or properties of Religious and Charitable
Endowments or of Waqfs detrimental to the rights and interests of such private parties or citizens.
After refusal to register documents pertaining to such properties, if eviction proceedings for summary
eviction are initiated, under the provisions of the Land Encroachment Act, such private parties
having established possessory title or ownership would be placed in a much worse position than an
illegal occupier or encroacher of the land owned by the Governments. Therefore, in all classes of
documents covered by clauses (b) and (c) a notification is necessary as contemplated by sub- section
(2) of Section 22-A. Mr.Mohan Reddy, in support also drew our attention to the proforma of A-Register
or Diaglote of Adavivaram village of Vizianagaram Estate and also the relevant proforma with columns
for various entries in the re- survey and re-settlement Register (RSRs) of Potturu village of Guntur
District and Timmarajupeta village of Vizagpatnam District and the decision of this Court rendered by
a learned Single Judge in G.Satyanarayana v. Government of Andhra Pradesh and others() wherein
a contention on the same lines found favour with the learned Single Judge of this Court.
29.1.1 In G.Satyanarayana (supra), Mr.Mohan Reddy submitted that it was held that dots or blanks
in pattedar column do not necessarily mean that the land is vested in the Government or it belongs to
the Government and that despite such blanks or dots, a private person can claim ownership based on
entries in revenue records prepared both prior to and after the commencement of 1971 Act. It is further
contended that unless there is a notification, it is not possible for citizens to know the contents
of list with details of prohibited properties available with the Registrars concerned and therefore,
principles of natural justice would also mandate that even in cases falling under clauses
(b) and (c) a notification as contemplated under clause (e) is necessary. On the other hand, the
learned Advocates General of both the States contended that such a notification as contemplated
under clause (e) is not necessary in cases of documents or classes of documents pertaining to the
29.2 Mr.D.V.Sitharama Murthy, learned Senior Counsel, also submitted that issuance of notification
in respect of all properties covered by clauses (a) to (e) is necessary. The revenue authorities, he
submitted, cannot be allowed to evolve their own procedure in the matter of intimation to the
Registration Department. The citizens have no way of knowing under what category as contained in
clauses (a) to
(e) of sub-section (1) of Section 22-A, would a piece of prohibited land falls. Unless notifications are
issued by the Government and duly published in the Gazette in relation to all clauses mentioned in
sub-section (1) of Section 22-A after framing detailed Rules, citizens would have no way even
knowing that their properties have been subjected to application of Section 22-A. Therefore, he
submitted, unless the requirement of notification, as provided for by the statute to be published in
relation to clause (e), is interpreted to cover all the other clauses viz., (a) to (d), the very provision
would be rendered meaningless. In support, he further submitted that in the absence of notification
it is also unclear as to under what category, cases of dots in the RSR, waster lands and other
Government lands fall and in the absence of requirement of a notification, in relation to these lands,
the citizen would be deprived of the statutory benefit of having the anomaly rectified by resorting to
the mechanism provided for under sub-section (4). Lastly, he submitted that in any case registration
of a document per se would not create any new title and the same is governed by the principles
enunciated by the maxim Nemo Dat Quad Non Habet i.e. no person can transfer a better title than
what he possesses in the property so transferred. He then posed a question that where the State
Government is really ostensible owner of a particular extent of land, would registration of any
document to which only private individuals are party, take away the title of the State?. Answering the
question in the negative, he submitted that there is no justification in resorting to the
questionable methods, which would have counterproductive results and which only would result in
harassment of citizens.
29.3 The submissions of learned senior counsel in respect of the procedure to be followed while
forwarding the lists as prohibited properties, has already been dealt with by us in paragraphs 25 to
25.5 of the judgment.
30. The first incidental question is whether clause (e) of sub-section (1) of Section 22-A covers only
the properties attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and
others in which Central and State Governments, Local Bodies, educational, cultural, religious and
charitable institutions have avowed or accrued interests? In this regard, it is to be noted that if by
interpretation, the application is restricted only to the attached properties, then a large category of
documents pertaining to the properties in which the Central Government, State Government, Local
bodies, Educational, Cultural, Religious and Charitable Institutions may have avowed and accrued
interest will be left out and stand excluded from the purview of the provision of law for the reason
that those properties are not under attachment. That does not appear to be the intention of the
legislature. If such an interpretation is accepted the properties which are not covered by clauses (a)
to (d) and the properties not attached as stated in clause (e), still the properties in which either
Central and State Governments or Local Bodies or educational, cultural, religious and charitable
The aforesaid clause, therefore, clearly does not envisage that such properties are not undisputedly
owned by the Governments either State or Central or the Local Bodies or Charitable Institutions,
etc. Obviously, insofar as properties owned by the State or Central Government or belonging to
Religious, Charitable Institutions or Wakf are separately dealt with under clause (b) and (c) above. So
also, the properties vested in the State under A.P. Land Reforms (Ceiling on Agricultural Holding)
Act, 1973 or the Urban Land (Ceiling and Regulation) Act, 1976 are covered by clause (d). Hence, other
than such properties, the properties in which the State Government, Educational Institutions or
Religious or Charitable Institutions, etc., claim any interest, the same are covered by clause (e)
provided ofcourse a notification expressing the same be published in the official gazette. It is also clear
that such avowed or accrued interest is in the nature of a claim and it is open for the parties to dispute
such claim and that by itself being a claim is subject to appropriate adjudication. In a given case,
therefore, such claimed interest may be contested by third parties and is not an established ownership
of State Government or such Local Bodies as envisaged under said clause. The prohibition envisaged
by way of a notification under clause (e), however, itself provided for a safeguard under Section 22 (4)
of the Act where a party can successfully establish its title as against the avowed or accrued interest
professed by the State or Local Bodies and seek modification or deletion of relevant entry from
the notification. Sub-Section (4) therefore provides a mechanism where the entries relating to a
property may be contested and shown to be incorrect and is required to be deleted. We have already
elaborated on the said mechanism provided under Section 22-A(4) and suffice it to state that such
adjudication under sub-Section (4) thereof cannot by itself be treated as final and would be subject
to appropriate proceedings before competent Courts. In our view, therefore, clause (e) would be
attracted wherever Government or Local Bodies, etc. claim an interest in the property and seeks
prohibition to register the same. The cases where entries in the RSR are covered by dots, in our view,
would fall under this clause and inclusion of any such properties under prohibited category by way of
a notification under clause (e) is published, the registering authority is duty bound to deny registration.
The aggrieved party, in such situation, will have an option to avail the mechanism provided under
sub-section (4) of Section 22-A and if not satisfied to initiate such appropriate legal proceedings for
vindication of its rights. The cases relating to properties not covered by respective notifications
under A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 or the Wakf
Act, 1995 would also fall under the purview of clause (e) if notified accordingly and shall also be
subject to redressal of grievance under Section 22-A (4) or by the appropriate remedies available under
law.
35.1 Further, as noticed earlier the State Government is empowered either suo motu or on
application to consider the grievances against inclusion of any property in the prohibitory list under
Section 22-A of Registration Act and is also empowered to de-notify either in full or in part the
notification issued under sub-section (2). In our opinion, the redressal mechanism is available only
with respect to notifications published relating to the properties falling under clause (e) of Section
22-A. Hence, any grievance of the parties with reference to the properties covered by clauses (a) to
(d) will have to be questioned by the aggrieved parties only by appropriate proceedings before a
competent Court and the adjudication by such Court would be final. Further, so far as notified
properties falling under clause (e) are concerned, the redressal mechanism under sub-section (4) of
Section 22-A would be able to effectively address the grievance provided the mechanism thereunder
is effective, expeditious, fair, and judicious. Thus, in order to make an effective redressal
(xv) Mere registration of a document shall not confer title on the vendee/alienee, if the
property is otherwise covered by clauses (a) to (e), but did not find place in the lists
furnished by the concerned authorities to the registering officers. In such cases, the only
remedy available to the authorities under clauses (a) to (e) of sub- section (1) of Section 22-
A is to approach appropriate forums for appropriate relief.
37. As the updating and revision of lists and of the websites of the Governments, in the
light of this judgment, would require some time, we direct the Governments of the States
of Andhra Pradesh and Telangana and the other concerned authorities to complete the
necessary exercise in that regard within four months from the date of pronouncement
of this judgment. Learned counsel for the appellants/Government Authorities and other
concerned authorities are directed to communicate this judgment to all concerned within
four weeks from today.
38. Before we part, we would like to place on record a word of appreciation for the
assistance rendered by Mr.D.V.Seetharam Murthy, learned Senior Counsel as Amicus
Curiae.
39. The Registry is directed to send copies of this judgment to all the authorities
mentioned in the judgment, in particular, the guidelines for their information and
effective implementation forthwith. A copy of this judgment is also directed to be
forwarded to the Principal Secretary/Director as mentioned in paragraph 35.1 of this
judgment for constitution of the Committee as per direction issued in the judgment.
40. Since the reference is now answered, we direct the Registry to take appropriate
steps to list all the Writ Petitions and Writ Appeals before the appropriate Court/s for
disposal in accordance with the procedure established by law.