Section 26 in Andhra Pradesh Board of Revenue Standing Orders - Collection of Revenue
26. Illegalities and irregularities under Act II of 1864: - A list of illegalities which vitiate sale proceedings under the Andhra Pradesh Revenue Recovery Act II of 1864 and a list of irregularities which are merely infringements of executive instructions issued from time to time are given in Appendix III with a view that subordinate officers may avoid them.
B.S.O. 42 : Conduct of Sales :(i)General Rules: - The sale of property attached for arrears of any kind, whether due to Government or to an intermediate party should be peremptory and without reserve. It is the duty of the Collector to see that the sale is conducted under such supervision as shall prevent collusion. It should also be made known before the sale, the adjournments will not be granted, but that the sale will take place punctually, according to the terms of the notice.(ii)Confirmation of Sales: - The Collector or other officer empowered by the Collector, in that behalf shall confirm the sale immediately after the expiration of the prescribed time limit, provided there is no valid application from the defaulter or any other person interested in the property to set aside the sale and provided the highest bidder deposited the purchase money within the said period. The Collector or the officer concerned however has the discretion to extend the time for depositing the balance of purchase money when there is justification.(iii)Adjournment of sales: - Where the lots to be sold are very numerous, so that they cannot be all sold on one day, the sale may properly be stopped after business hours and adjourned to the next business day, due notice of the day and hour being given. Lots should invariably be put up in the order in which they stand in the list.B.S.O. 42-A : Sale of land in or adjoining Reserved Forests:When private land in or adjoining reserved forests is about to be sold for arrears of revenue, notice should be given to the District Forest Officer. The District Forest Officer should, if it appears to him desirable that Government should purchase the lands for forest purposes, inform the Collector and the Collector, in consultation with the Conservator, should obtain the orders of the Commissioner of Land Revenue as to the advisability or otherwise of bidding or negotiating for the land on behalf of Government.B.S.O. 43 : Sale of land already alienated by the defaulter in favour of other parties:It is undesirable that land transferred by a registered holder, however informally, to another party, and on which no arrears are due, should be sold for arrears of revenue due by the registered holder on other land which is not brought to sale. Collectors should not sell land in the possession of alienees until all other land and property in the possession of the registered holder have been sold, or unless the arrear due is caused by the default of the alienee. Whether the land to be sold is in the possession of the registered holder or not, and whether the arrear is due by the registered holder or by the alienee on the portion alienated, should be ascertained by local enquiry.B.S.O. 44 : Procedure in case of doubtful ownership of land:Collectors can, at their option, proceed against the defaulter's personal or real property. The right course, therefore, when the ownership of land is disputed or doubtful, is to attach and, if necessary, sell the land on which the arrear is due, regarding the liability of which whoever the owner may be, there can be no question. The same course should be followed in realizing the quit rent upon enfranchised inams when the ownership of the property is doubtful.B.S.O. 45 : Buying in lands for Government:[General procedure:] [Substituted by G.O.Ms. No. 1041, Revenue, Dated 16.09.1976.] - In cases of revenue sales when there is good reason to suspect combination to prevent the realisation of the full value of the land, an officer who is authorised by the Collector and who is not the auction conducting officer shall bid on behalf of Government upto an amount not exceeding 50% of the estimated value of the land or an amount equal to the arrears or revenue plus expenses, whichever is less, and purchase the property on behalf of the Government as the highest bidder. But in case of any other bidder in the auction making a bid in excess of 50% of the estimated value of the land or an amount equal to the arrears of revenue plus expenses, the officer bidding on behalf of the Government shall cease to take part in the auction. When land is brought in the Government the certificate should be issued in the name of the Government.
