Andhra Pradesh High Court Upholds Revenue Divisional Officer's Jurisdiction in Land Records Amendment Appeals
The court clarifies the maintainability of appeals under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971.
In a significant ruling, the Andhra Pradesh High Court has clarified the jurisdiction of the Revenue Divisional Officer (RDO) in matters of land record amendments. The Division Bench, comprising Justices Ravi Nath Tilhari and Subhendu Samanta, delivered a verdict on November 21, 2025, in the case of Y Neelakantha v. G Hampaiah, concerning the maintainability of appeals under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971.
The court was hearing a writ appeal filed by Y Neelakantha, challenging the decision of a Single Judge who had set aside the orders of the Revenue Divisional Officer and the Joint Collector. The crux of the matter revolved around whether an appeal could be maintained before the Revenue Divisional Officer when there was a challenge to both the amendment in the Record of Rights and the issuance of pattadar passbooks.
The appellants contended that their appeal, which challenged amendments in the Record of Rights as well as the issuance of pattadar passbooks, was wrongly dismissed by the writ court. They argued that as per Section 5(5) of the Act, an appeal lies against any order of the Mandal Revenue Officer making or refusing an amendment in the Record of Rights.
The High Court Bench, after examining the provisions of the Act, concurred with the appellants' argument. It distinguished the current case from the earlier case of Ratnamma v. Revenue Divisional Officer, where the appeal was deemed not maintainable as it only challenged the issuance of pattadar passbooks without questioning the Record of Rights.
The court concluded that when an appeal challenges both the Record of Rights and the issuance of pattadar passbooks, it is indeed maintainable under Section 5(5) of the Act. The Bench set aside the order of the Single Judge, thereby restoring the appeal for a fresh decision.
This ruling provides clarity on the procedural aspects of land record amendments in Andhra Pradesh, reinforcing the appellate role of the Revenue Divisional Officer in such matters.
Bottom Line:
Appeals under Section 5(5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, are maintainable before the Revenue Divisional Officer when there is a challenge to amendments in the Record of Rights and not merely against the issuance of pattadar passbooks or title deeds.
Statutory provision(s): Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 Sections 5(1), 5(5), 6-A
Y Neelakantha v. G Hampaiah, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2822509
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