The High Court of Judicature at Madras, wrt a Writ praying to quash an order of a Tahsildar beside directing him to issue patta for the land already assigned to the petitioner, pronounced it's Order on 07 June 2019.
The court finds that "There is nothing to show that the Tahsildar has followed Section 3 of the Patta Pass Book Act before issuing patta pass book to the petitioners in whom now the land stands vested."
Holding that "The order of Tahsildar is a completely unreasoned order without even stating whether the procedures prescribed under Section 3 have been followed or not" the court set aside the order of the Tahsildar and remanded the matter back to the Tahsildar for fresh consideration.
Section 12 of the Patta Pass Book Act provides for an appeal to the Competent Authority from any order of Tahsildar under the Patta Pass Book Act. Section 13 provides for a revision by the Officer of the Revenue Department, not below the rank of District Revenue Officer to call for examine records of the Tahsildar or the Appellate Authority (in an order passed under Section 12).
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The court finds that "There is nothing to show that the Tahsildar has followed Section 3 of the Patta Pass Book Act before issuing patta pass book to the petitioners in whom now the land stands vested."
Holding that "The order of Tahsildar is a completely unreasoned order without even stating whether the procedures prescribed under Section 3 have been followed or not" the court set aside the order of the Tahsildar and remanded the matter back to the Tahsildar for fresh consideration.
Section 12 of the Patta Pass Book Act provides for an appeal to the Competent Authority from any order of Tahsildar under the Patta Pass Book Act. Section 13 provides for a revision by the Officer of the Revenue Department, not below the rank of District Revenue Officer to call for examine records of the Tahsildar or the Appellate Authority (in an order passed under Section 12).
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