File No.
REV02-12022/44/2022-LR-II-CCLA
Office of the Chief Commissioner of
Land Administration, A.P. Vijayawada.
CCLA’s Ref.No.L.R.-II/ROR-II/144/2021, dt. 09/04/2022
Sub:- ROR- Mutation process – Disposal of cases - Circular instructions issued-
Reg.
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The attention of the Collectors in the state is invited to the fact that nearly
45% of all mutation requests received by the department are being rejected on
various grounds. This rate of rejection is alarming and the fact that a very large
number of these rejected cases are subsequently being approved also raises
concern about the quality of disposal. The following guidelines are issued to
help improve the quality of disposals and in preventing rejection on
frivolous grounds.
GUIDELINES FOR DISPOSAL OF MUTATION APPLICATIONS
The following guidelines may be strictly adhered to by all Revenue
functionaries while disposing requests for mutation of Revenue records.
1) MUTATION OF LAND OWNED BY GOVERNMENT: Government owned
lands shall not be mutated in any manner, except by the Joint Collector of
the District, after obtaining orders from the Collector on fle. Such mutations shall
be carried out in the electronically maintained revenue records, only from the
Joint Collector’s login, under the electronic signature of the Joint Collector.
2) CASES WHERE SURVEY SUB-DIVISION IS MANDATORY BEFORE
MUTATION: Clause 10 of BSO 34-A describes various circumstances under which
a new survey feld or sub division should be measured, mapped, and registered.
Clause 11 of BSO 34-A describes circumstances that require the creation of new
felds. In all such cases, no mutation of revenue records shall be taken
up without survey subdivision having been completed and approved by
the Tahsildar. Such sub-divisions shall be automatically refected in
electronically maintained Revenue records. The application for survey subdivision
shall also be treated as the application for the mutation that follows.
In all such cases described above, wherever the transactions are required to be
registered under the provisions of the Registration Act, 1908, the Registering
ofcer shall permit no such registration, without the survey subdivision
having been completed and approved by the Tahsildar.
3) CASES OF REGISTERED HOLDER AND CLAIMANT BEING DIRECTLY
CONNECTED BY A REGISTERED DOCUMENT: Whenever Mutation application
is fled, the applicantss biometric shall be captured at the service centre itself
and if the chain is complete from the Registered holder to the applicant the
mutation shall be ordered without any further enquiry by the Tahsildar, with a
much shorter SLA period which would be prescribed shortly.
4) REGISTERED HOLDER AND CLAIMANT NOT CONNECTED BY A
REGISTERED DOCUMENT: When a chain of registered documents connects the
registered holder and the applicant, mutation shall be ordered without any
further enquiry by the Tahsildar, with a much shorter SLA period that would be
prescribed shortly.
File No.REV02-12022/44/2022-LR-II-CCLA
When the registered holder and the applicant are not connected by a chain of
registered documents, the applicant can make good the shortcoming by other
evidence, such as statements of respectable ryots, kist receipts, details in the
encumbrance certifcate etc. No case shall be rejected on the ground that
the entire chain of documents are not registered documents. Appropriate
enquiry may be conducted in such matters before disposing the case.
The Burden would be on the Tahsildar to prove conclusively that the
applicant is not eligible for Mutation and a reasoned speaking order to
this efect shall be given. More and more documents cannot be
endlessly asked.
5) AUTOMUTATION IN CASES OF RECENT SALE/GIFT/PARTITION DEEDS:
• Auto mutation of electronically maintained records shall be carried out for
every successful Sale/Gift/Partition Deed, where the registered holder is
the executant.
• Registration shall not be permitted if the executant is not the registered
holder as per revenue records.
• Registration of partial extent in land in a survey/subdivision number shall
not be permitted without prior sub-division and the same being approved
by the Tahsildar.
6) PASSBOOK TO BE ISSUED ON MUTATION: The cost of the new TD-cum-
passbook shall be collected at the time of fling the mutation request and such
TD-cum-passbook shall be issued as soon as the mutation application is disposed.
The cost of Passbook shall be collected at Registration level itself inview of Auto
Mutation of the transaction in Revenue Department.
7) CASES OF MUTATION DUE TO SUCCESSION/FOUTHI
• In cases where mutation is requested on grounds of succession, the
Tahsildar shall not insist on production of Family Member Certifcate. On
the other hand, as part of Mutation verifcation process, FMC shall also be
issued in addition to mutation, to the applicant.
• However, if a family member certifcate is produced along with application,
no further enquiry shall be necessary and mutation shall be granted with a
reduced SLA.
• The Burden of proof shall be on the Revenue Department to conclusively
prove that the applicant is not eligible to have his name entered into the
records. Rejection can only be on the ground of the applicant not being a
legal heir of the deceased registered holder.
8) SCRUTINY OF REJECTIONS
• No case shall be rejected on the grounds of an existing family dispute. In
all such cases due enquiry shall be conducted and the case shall be
disposed.
• No case shall be rejected or kept pending in a court case matter, in the
absence of a clear direction from the court of Law staying further action in
the matter. However, in such cases, after disposal of the case and
mutating the records, the land shall be kept in the prohibitory order book,
till disposal of any pending court case. Such cases shall be monitored by
creating a separate module in webland, and the case shall be closed only
after the court passes orders on the matter.
• In all cases where the Tahsildar decides to reject the mutation request, the
case shall be sent to the Revenue Divisional Officer (RDO), who shall
File No.REV02-12022/44/2022-LR-II-CCLA
scrutinize the same. The RDO shall complete such scrutiny within one
week.
• In all cases of rejection, a reasoned speaking order, citing the reasons for
rejection, shall be communicated by Registered post/email/whatsapp/sms
to the applicant.
• The District Revenue Officer, the Joint Collector and the Collector shall
randomly take up 25% of all rejection cases for scrutiny. Randomly picked
cases will be sent to the inbox of the three officers and they will be allowed
two weeks to complete the scrutiny.
• In the case of approval of the request by Tahsildar within SLA, the matter
will not be escalated to the RDO.
• At the end of the SLA period of 30 days, the case shall be moved to the
RDO for scrutiny.
9) COURT DECREES: In cases of transfer of title holding in the name of decree
holders with reference to decree of a civil court, or purchasers in auction sale
held by a civil court decree, change of registry may be ordered at once by the
Tahsildar on the application of any of the parties to the suit or the auction
purchaser and on production of an authenticated copies of the decree or a
certifcate of sale by the VRO. A lower SLA shall be prescribed for this.
10) CASES OF MUTATION OF ASSIGNED LANDS
• In the case of assigned Lands, only the successors of the original
Assignee, and no third party, can apply for Mutation. The applicant
shall fle a declaration/FMC while making such application in the
Meeseva/GSWS.
• No permission or approval of Assignment Review Committee is required for
making changes in Revenue records consequent on the death of the
assignee.
• All cases attracting the provisions of, “The AP Assigned Lands (Prohibition
of Transfer) Act, 1977”, shall be rejected. Along with rejection, action
required under the POT Act to resume the alienated land shall be taken up
suo-moto by the Tahsildar (A new web module shall be created for the
purpose).
11) CASES OF MUTATION OF DOTTED LANDS:
All cases under this category shall be dealt with in terms of “The AP Dotted Lands
Regularization & Updation of RSR Act, 2017”, and the Govt Memo No. REV01-
LANA0LAND(PM)/8/2020-LANDS-I dated 23/03/2022.
Para 6 of the circular has stated as follows: "Government hereby clarifes
once again that any one of the Documents mentioned in Section 2(a)
can constitute conclusive proof of continuous possession for a period of
twelve years or more prior to the commencement of this Act. Multiple
documents shall not be insisted upon."
Para 7 of the circular has stated as follows: "Government hereby clarifes that
the Record of Rights maintained by the Revenue Department, alone can
constitute conclusive proof of continuous possession for a period of
twelve years or more prior to the commencement of this Act, if the
Record of Rights entry can be traced back for 12 years before the
critical date mentioned in the Dotted Lands Act 2017."
File No.REV02-12022/44/2022-LR-II-CCLA
12) CASES OF EXCESS EXTENT CLAIMED/SURVEY REQUIRED:
• Some mutation cases are being rejected on the grounds of excess
land extent being claimed and that sub-division is required. The
Tahsildar shall not reject any case under this Category.
• If additional Survey is required, the Village Surveyor may directed to carry
out the same, within the Mutations SLA period (30 Days).
• No fresh application for Patta subdivision is required and the survey fee
can be collected at the time of fling the Mutation application.
• The Tahsildar shall pass orders on Mutation allowing only the actual extent
on the ground, ignoring any excess claimed.
13) RESURVEY VILLAGES:
In resurvey villages, all mutations applications shall be disposed before the
Section 13 notifcation is issued.
14) Any other cases of changes to the electronic revenue record shall be
afected only through the mutation process only.
The Collectors are instructed to implement the above instructions
diligently. They shall impart sufficient training to all revenue functionaries on the
above issues.
G Sai Prasad Ias
CCLA & Spl CS
To,
All the District Collectors in the State of A.P.,(w.e)
Copy to all Joint Collectors (RB &R) /RDOs/Tahsildars by e-mail for information
and necessary action.
Copy submitted to Principal Secretary (Lands), Revenue Department, A.P.,
Velagapudi, Guntur District.
Copy to the Commissioner Survey, Settlements & Land Records, A.P., Vijayawada
for taking necessary action in the matter
Copy to the Commissioner IGRS, for taking necessary action in the matter
Copy to the PD, CMRO O/O CCLA is requested to make necessary changes in the
software as per the above instructions immediately.
Copy to the SIO NIC for making immediate necessary changes
Copy to the Director ESD & Director GSWS for making immediate necessary
changes
