Patta granted under Board Standing Orders gives full rights

By S A Ishaqui

Hyderabad, May 11: Giving a solution to the age old land disputes in Andhra and Telangana, the AP High Court has ruled that a patta granted under Board Standing Orders confers absolute title over the land. A person in possession of land for 12 years or more without title can claim transfer of registry in his favour in accordance with paragraph 7 of Board Standing Orders (BSO).

While disposing of a batch writ petition seeking direction to the revenue authorities to determine title and ownership of the land, Justice C.V. Nagarjuna Reddy delivered a 131-page landmark judgement ruling that in  Laoni pattas granted on collection of market value, the pattadar was entitled to sell the land without any restrictions.

Several petitioners across Telangana and Andhra regions moved the High Court after the revenue authorities denied their title based on the entries in the revenue records such as Re-Survey and Re-settlement Register (RSR) and Town Survey Land Register (TSLR).

The judge held that dots or blanks in the pattadar column does not necessarily mean that the land belongs to the government. Despite such blanks or dots, a private person can claim ownership based on entries in the revenue record prepared both prior to and after the commencement of the 1971 Act, besides registered sale transactions.

The judge declared that in the case of estate and inam lands, ryotwari pattas or occupancy rights certificates constitute title and protected tenants under the Hyderabad Tenancy and Agricultural Act 1950, having ownership certificates hold absolute title.

Referring to the disputes with regard to assignment of lands, the judge made it clear that as assignment made under the BSO, prior to June 18, 1954, in Andhra and a patta granted under Laoni rules before July 25, 1958, in Telangana confer absolute title with right to transfer the land.

He said where there was a bonafide dispute regarding title of a person in possession of the lands other than public roads, streets, bridges or the bed of the sea or the like, the government shall approach the competent civil court for declaration of its title.

The judge said that between two rival claimants relying upon the entries in revenue record, the person whose name is recorded in the basic records such as A-Register and Record of Holdings and their successors-in-interest will be considered as the rightful owners.