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Monday, April 6, 2015

Sec.3 & Sec.9 of ROR Act - third parties names were shown against their properties - made an application before the collector - collector directed the RDO to decided the matter treating it as an appeal - R.D.O gave directions to the Tahasildar - No remedy - A.P.High court held that since the entires not made for the first time with in one year from the date of notification as per sec.3 of R.O.R. Act - Tahasildar has no jurisdiction to made any corrections in the entiries with out permission from Collector - Hence the Collector is the appropriate authority to decide the same as per sec.9 and as such directions given to dispose the application within 3 months- 2015 A.P. msk law reports

On noticing that some third parties names were shown 
against their properties in the revenue records, the petitioners
approached the District Collector bringing the said fact to his
notice and sought necessary corrections in the revenue records.

It is not in dispute that as on the date of application by the
petitioners to the District Collector, third parties names were
appearing in the revenue records against the properties to which
the petitioners are claiming right.  In other words, the petitioners
are seeking substitution of their names in the place of the names
already recorded in the revenue records.  
Entries in the revenue
records reflecting a partys name relate to the proceedings of the
Tahsildar under Section 3 of the Act. 
 It is not the case of the
petitioners that at the time when the names of the said third
parties were initially recorded (the date & details of which are not
mentioned by the petitioners in the writ petition), the claim of the
petitioners was also there before the Mandal Revenue Officer, who
was exercising powers under Section 3 of the Act.

A perusal of Sections 3 to 5 and 9 of the Act leave no
manner of doubt that the Tahsildar is not vested  with any
powers to make  corrections either  suo motu or on an
application except at the time of  making entries for the
first time in terms of the notification issued under Sections
3(1), 3(2) of the Act.  
Any corrections in relation to the
entries could be made in the given circumstances
satisfying  Section 3(3) of the Act  within one year. 
If the
case requiring corrections of the revenue records beyond
the time limit of one year,  necessary orders can be passed
only by the District Collector in exercise  of the revisional
powers and the Tahsildar is not vested with any such
In that view of the matter, liberty is given to the
petitioner to approach the 2nd respondent-District
Collector, and submit an application ventilating his
grievance and seek redress.  
On submission of such 
application, the 2nd respondent-District Collector shall
dispose of the same within a period of six months.

In the circumstances, the District Collector is directed to
call for the record and exercise powers conferred upon him under
Section 9 of the Act to redress the grievance of the petitioners
within a period of 3 months from today. 2015 A.P. msk law reports

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