Section 5 in Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971
5. [Amendment and updating of Record of Rights] [Substituted for 'Amendment of Record of Rights' by Act 1 of 1989, w.e.f. 4-3-1989.].
(1)On receipt of intimation of the fact of acquisition of any right referred to in Section 4, the [Mandal Revenue Officer] [Substituted for 'Recording Authority' by AP Act 9 of 1994, w.r.e.f. 31-10-1993.] shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence therefor and shall carryout the amendment in the record of rights in accordance with such determination:Provided that no order refusing to make an amendment in accordance with the intimation shall be passed unless the person making such intimation has been given an opportunity of making his representation in that behalf.[Provided further that when the registration is approved by the Registering Officer, the name of the claimant shall be mutated in lieu of name of the executants on real time basis provisionally in electronically maintained data duly assigning notional subdivision number as may be prescribed pending enquiry by the Tahsildar;Provided also that the provisional mutation shall be confirmed by the Tahsildar electronically by following due procedure under sub-section (3) within thirty days of the registration. The aggrieved person may file an appeal to the Revenue Divisional Officer within a period of fifteen days from the date of order of the Tahsildar and decision of the appellate authority thereon shall subject to the provisions of Section 9 be, final.] [Added by Act No. 30 of 2018, dated 25.10.2018.].(2)Where the [Mandal Revenue Officer] [Substituted for 'Recording Authority' by AP Act 9 of 1994, w.r.e.f. 31-10-1993.] has reason to believe that an acquisition of any right of a description to which Section 4 applies has taken place and of which an intimation has not been made to him under that Section and where he considers that an amendment has to be effected in the record of rights, the [Mandal Revenue Officer] [Substituted for 'Recording Authority' by AP Act 9 of 1994, w.r.e.f. 31-10-1993.] shall carry out the said amendment in the record of rights.(3)The [Mandal Revenue Officer] [Substituted for 'Recording Authority' by AP Act 9 of 1994, w.r.e.f. 31-10-1993.] shall, before carrying out any amendment in the record of rights under sub-section (1) or sub-section (2) issue a notice in writing to all persons whose names are entered in the record of rights and who are interested in or affected by the amendment and to any other persons whom he has reason to believe to be interested therein or affected thereby to show cause within the period specified therein as to why the amendment should not be carried out. A copy of the amendment and the notice aforesaid shall also be published in such manner as may be prescribed. The [Mandal Revenue Officer] [Substituted for 'Recording Authority' by AP Act 9 of 1994, w.r.e.f. 31-10-1993.] shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as he deems fit.(4)Every order passed under this section shall be communicated the person concerned.(5)Against every order of the [Mandal Revenue Officer] [Substituted for 'Recording Authority' by AP Act 9 of 1994, w.r.e.f. 31-10-1993.] either making an amendment in the record of rights or refusing to make such an amendment, [an appeal shall lie to the Revenue Divisional Officer or such authority as may be prescribed] [Substituted for the words 'as appeal shall lie to such authority as may be prescribed' by Act 1 of 1989, w.e.f. 4-3-1989.], within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final.(6)[ The Mandal Revenue Officer shall have the power to correct clerical errors, if any, in the Pass Books.] [Substituted by Andhra Pradesh Act 24 of 2018, w.e.f. 17-11-1989.]
