9911796707
TMI Blog2001 (9) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... 54 and 56 respectively situated at Hafizpet village from respondents 5 to 7 and one Veeraiah under two registered sale deeds dated 6-4-1966 and 22-5-1967. Respondent No. 7 filed a suit in O.S. No. 579 of 1989 in the Court of I Additional Subordinate Judge, Rangareddy for partition and injunction. Respondent No. 1 herein impleaded himself as defendant No. 5 in the said suit and the said suit was dismissed. Thereafter, respondent No. 1 filed a suit in O.S. No. 1 of 1990 in the Court of District Munsif, West and South, Rangareddy for injunction against respondents 5 to 7 and the said suit was decreed on 8-12-1997. A pattedar pass book was issued to respondent No. 1 to the effect that the aforementioned lands were purchased by him and his name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hafeezpet village, Serilingampally Mandal, Ranga Reddy District, by implementing orders bearing No. C/47/90, dt. 30-4-1992 passed by the respondent No. 4 herein, confirmed in appeal No. C/4700/92, dt. 8-9-1993 passed by respondent No. 3 herein. 4. The learned Single Judge allowed the writ petition as prayed for questioning the same the present appeal has been filed. SUBMISSIONS: 5. Learned Government Pleader for Revenue appearing on behalf of the appellants would submit that having regard to the different provisions contained in the Andhra Pradesh Record of Rights and Pattedar Passbooks Act, 1971 (for short 1971 Act ) and Rule 9 of the Andhra Pradesh Record of Rights in Lands and Pattedar Passbooks Rules, 1989 (for short 1989 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to be a title deed. 9. A presumption of correctness as to entries in passbooks arises in terms of subsection (5) of Section 6-A of the 1971 Act. In the event such passbooks are issued, the lands in question would be treated to be agricultural lands and would fall beyond the purview of the 1976 Act. 10. A reading of Section 5, 5-A, 6 and 7 would show that the recording authority (Mandal Revenue Officer) is required to make entries or changes in record of rights after following the procedure laid down in Section 5 and Rules. However, in certain circumstances the Mandal Revenue Officer is precluded to make entries or amend record of rights. This is provided for in Rule 9. Rule 9 (1) (a) (iv) of 1989 Rules provides that no order shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herein as HUF . As regards the land in Survey Nos. 54 and 56, it was noticed: (ii) The admitted facts are that S. Nos. 54 and 56 of Hafeezpet are situated in peripheral area for which there was no Master plan on the date of the commencement of the Act, i.e., 17-2-76. They are covered by extended Master Plan w.e.f. 29-9-80 in which S. No. 54 is earmarked for residential and S. No. 56 is earmarked for agricultural purpose as per the S.O's provisional orders under Section 8(1) and 8(3) dated 12-6-90. The S.O. treated the land in 56 also as vacant land for the reason its not being used for agriculture as earmarked for that purpose in the extended Master Plan and proceeded to determine vacant land held on the appointed day i.e., 28-1-7 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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