(Querist) 21 March 2008
This query is : Resolved
Hi, all While disposing of petition for mutation of the respective shares in the property viz agricultural lands, whether the MRO(Thasildar) has got powers to decide the title and extent of shares by altering, modyfying or allottting certain extent of land of one co-owner to other? what is the provision of law which empowers the MRO while deciding the mutation proceedings in Andhrapradesh. Please help me, it is very urgent.
(Expert) 25 March 2008
A tahsildar has no right to decide on disputed issues of title or succession. Any aggrieved person can challenge such mutation of records by way of a writ petition.
(Querist) 25 March 2008
Thank u Kalpanaji, but I need a case law desperately since the MRO has given wrong decision in our case, and we have preferred appeal before RDO(Revenue Divisional officer) which is pending.Hoping u will provide suitable case law. again thanking you.
(Expert) 29 May 2008
When the section itself is clear, why do you need case law. Once the dispute is entered in under section, then he loose his riht to claim. I am from Karnataka donot think case law of KLR Act would be of any assistance..
150.Register of mutations and register of disputed cases.
(1)The Talathi shall entertain a register of mutations every report made to him under section 149 or any intimation of acquisition or transfer under section 154 or from any Collector.
(2)Whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.
(3)When any objection to any entry made under sub-section (1) in the register of mutations is made either orally or in writing to the Talathi, it shall be the duty of the talathi to enter the particulars of the objections in a register of disputed cases.
AP Rights in land and Pattedar Pass Books Act 1971 Sec 4 - infromation of acquistioin of interest , rights in land and request for up datign his rights in the Reveneu Records .
The Competant Authority/MRO can record the statements of the claimantns and persons objecting the Claim , and he can pass orders either rejcting the claim or rejecting the objection and there is provison for appeal and also Revision before the Collector, in all aspects the principles of natural Justice, speaking and reasonable justified orders are require and reasonabel opportunity is to be givne to the parties in the proceedigns , if any thing is wrongly decded by MRO /Competant Authority , it can be rectified in Appeal or REvision .