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2001 (9) TMI 1183 - HC - Indian Laws

Issues:
1. Issuance of Pattedar Passbook and Record of Rights Passbook during the pendency of proceedings under the Urban Land (Ceiling and Regulation) Act, 1976.

Analysis:

Facts:
The case involved a dispute where the respondent had purchased lands and obtained a pattedar passbook and record of rights passbook. The respondent filed a writ petition challenging the issuance of passbooks during the pendency of an injunction suit. The Single Judge allowed the writ petition, leading to the current appeal.

Submissions:
The Government Pleader argued that no direction could have been issued under the relevant Acts and Rules. The respondent's counsel contended that the passbooks were sought based on existing orders, alleging that names were inserted without due process.

Findings:
The court noted that a proceeding under the 1976 Act was initiated due to excess vacant land. The appellate authority remitted the matter back for review. Passbooks do not confer title but are considered title deeds in Andhra Pradesh. Passbook issuance signifies agricultural land status, exempting it from the 1976 Act.

The court highlighted the procedures for making entries in the record of rights and restrictions under Rule 9. It emphasized that no action should violate existing laws. The issue of excess land was pending, and all related matters should be addressed within that proceeding.

The court found that the passbook issuance would lead to further legal issues and referenced a relevant case. It emphasized that the 1976 Act proceedings should be concluded promptly, and if favorable to the respondent, passbooks must be issued without delay.

In conclusion, the writ appeal was allowed to the extent of ensuring prompt conclusion of the 1976 Act proceedings and subsequent issuance of passbooks if in favor of the respondent. No costs were awarded in the judgment.

 

 

 

 

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