[1][THE
ANDHRA PRADESH SPLITTING UP OF JOINT PATTAS RULES, 1965 In exercise of the powers conferred by
sub-section 9 of Andhra Pradesh Splitting up Joint-Pattas Act, 1965 (11 of
1965) the Governor of Andhra Pradesh hereby makes the following Rules. These rules may be called the Andhra
Pradesh Splitting up of Joint Pattas Rules, 1965. In these rules, unless the context
otherwise requires : (a)
'Act' means the Andhra Pradesh Splitting up
of Joint Pattas Act, 1965. (b)
'Section' means a section of the Act. (c)
'form' means a form contained in the Annexure
to these rules. [2][(d) [x x
x x] The Karanam of the village shall
prepare individual notices in Form I in respect of all the Joint Pattadars in
the village recorded as such in the village accounts and other persons known or
believed to be interested in the grant of separate pattas and submit them to
the Tahsildar along with a list of joint pattadars in the village for all the
Survey Numbers or sub-divisions which are jointly held. On receipt of the
notices and the list, the Tahsildar shall cause service of the notices on the joint
pattadars or other persons aforesaid, calling upon them to attend before him on
such date, not later than ten days from the date of receipt of the notice and
at such place as mentioned in the notice with all the relevant documents in
support of their claims][3] The Karanam of the village shall
prepare individual notices in Form 1-A in respect of all the persons acquiring
ownership of any land by succession testate or intestate, or by sale, gift,
exchange, partition or by any other means and in respect of all other persons
known or believed to be interested in the transfer of patta or the grant of
patta for such land and submit them along with the list of such persons to the
Tahsildar. On receipt of the notices and the list, the Tahsildar shall cause
service of the notices on the said persons calling upon them to attend before
him on such date, not later than ten days from the date of receipt of the
notice, and at such place, as mentioned in the notice with all the relevant
documents in support of their claims.][4] On the day fixed for the attendance of
the parties the Tahsildar shall enquire a summarily into the various claims
raised by the joint pattadars and other interested persons. On the completion of the enquiry under
Rule 4, the Tahsildar shall determine the individual share of each pattadar in
each survey number of survey numbers as the case may be, and pass an order in
Form HI, granting him a separate patta for that share. A copy of such order
together with a sketch showing therein as nearly as possible the location of
each share or shares of the joint pattadars shall be communicated to the
concerned joint pattadars. It shall not be necessary to prepare any such sketch
in respect of any survey number, unless there is dispute or there is no
enjoyment. Where whole survey number or survey numbers fall to the share of any
one or all of the joint pattadars, they need not be shown in a sketch. But a
list of such whole Survey Number or Survey Numbers shall be mentioned in the
order passed by the Tahsildar". Every appeal under Section 5 shall be
stamped with a court fee label of Rs. 2. After the expiry of the period of
ninety days for preferring an appeal from the date of communication of the
order or the Tahsildar passed under Rule 5 or if an appeal is preferred, soon
after the order on the said appeal is received, the Tahsildar shall communicate
such order, to [5][x
x x] the village Karanam or Patwari, and the surveyor employed for the purpose
of checking of the sub-division work or for measurement in disputed cases. Simultaneously with the communication
of orders under Rule 7, the Tahsildar shall cause a demand notice served on
each of the Joint Pattadars whose Joint holdings have to be sub-divided under
the rules, showing the amount of fees for each sub-division to be paid by each
of the Joint Pattadars. "The fees payable for such sub-division shall be
Rupees ten.][6] On receipt of a demand notice under
Rule 8, pattadars shall pay or cause to be paid the sub-division fees
apportioned to him the sub-division within fifteen days from the date of
service of the notice failing which such fees and cost, shall be recovered as
arrear of land revenue. As soon as the orders of the Tahsildar under Rule 5 and
the demand notice are received, the village munsiff/patel shall take action to
serve the demand notices and to collect the sub-division fees and credit it in
the treasury to the relevant head of account." As soon as the sub-division fees
recovered from the concerned joint pattadars, the village Karanam or the Deputy
Surveyor shall take necessary steps to sub-divide the lands and submit the
sub-division record to the Tahsildar along with the sub-division statement and
a statement showing the fees recovered from each pattadar and credited into the
treasury. The Tahsildar shall, after satisfying
himself that the fees for sub-division has been collected from the concerned
pattadars, get the sub-divisions, as measured by the village Karanam or the
Deputy Surveyor checked by a Surveyor employed for the purpose, who shall
certify as to the correctness of the records prepared by the village Karnam or
the Deputy Surveyor. After action under the foregoing rules
is completed, the Tahsildar shall direct the village Karanam or the Patwari, as
the case may be, to prepare a patta in triplicate in Form II within fifteen
days from the date of receipt of such direction and submit it to the Tahsildar. The Tahsildar shall sign the patta,
affix his seal and cause the delivery of one copy to the pattadar and one copy
to the Karanam or Patwari of the village. The Tahsildar shall obtain an acknowledgment
from the Pattadar and Karanam or Patwari and file it along with the connected
revenue records. The sub-division record shall be
scrutinised by the District Surveyor and action taken by the competent Officers
to incorporate the necessary changes in the connected revenue records in the
taluk office and with the village officer, within thirty days after the
separate pattas are issued under Rule 13 and the fact of the incorporation of
the changes shall be reported by the competent officers to the Tahsildar, who
shall file the report along with the connected papers. All notices, or demands, or orders
issued under these rules shall be served by any one of the following methods
namely. (a)
by delivering or tendering it to the person
concerned or his agent or to any adult member of his family after obtaining the
acknowledgment on the duplicate, or (b)
by affixing a copy of the notice or order or
demand at his last known place or residence or place or business; or (c)
by sending it by registered post,
acknowledgment due. The Tahsildar may, on application,
grant a certified copy of the patta, according to B.S.O. 173 paras 5 to 19. [1] R.S. to
Part II A.P. Gazette dated 15-7-1965 at page 174. [2] Sub-rule
(d) omitted by G.O.Ms. No. 89, dated 3-2-1969. [3] Substituted
by G.O.Ms. No. 89, dated 3-2-1969 (R.S. to Part I, A.P. Gazette dated 20-2-1969
at page 48. [4] 3-A
Inserted by G.O.Ms. No. 146, Rev. (R), dated 12-2-1968 and Substituted by
G.O.Ms. No. 89, dated 3-2-1969. [5] Certain
words omitted by G.O.Ms. No. 100, dated 30-1-1967. [6] Rule 8 and
9 subs. by G.O.Ms. No. 89, Rev., dated 3-2-1969, and again subs. by G.O.Ms. No.
697, Rev., (R), dated 19-5-1982.THE ANDHRA PRADESH SPLITTING UP OF JOINT PATTAS RULES, 1965
PREAMBLE