1 APHC010689372022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 40793/2022 Between: 1. GOLLAPALLI SRINIVASARAO,, S/O VENKATRAO, AGED ABOUT 38 YEARS, OCC. AGRICULTURE, R/ O. D.NO. 5-117/A,BHIMAVARAM SIVAR, GANDLURU VILLAGE, SATTENAPALLI MANDAL GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT AT NARSARAOPET. 3. THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI, PALNADUDISTRICT. 4. THE TAHSILDAR, SATTENAPALLI MANDAL, PALNADU DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in unilaterally rejecting the request of the Petitioner for mutation and issuance 2 of title deeds and Pattadar passbooks in respect of the land admeasuring Ac. 0.58 cents in Sy No. 302-1, situated in Bhimavaram Village, Sattenapalli Mandal, palnadu District , without conducting any enquiry and placing in web portal as, illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 21 and 300(A) of the Constitution of India and also in violation of A.P. ROR Act, 1971 and consequently direct the Respondent No.4 to issue Pattadar passbooks and title deeds to the Petitioner in respect of the subject property, and pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to issue Pattadar passbooks and title deeds by mutating the name of the Petitioner in respect of the land admeasuring Ac. 0.58 cents in Sy No. 302-1, situated in situated in Bhimavaram Village, Sattenapalli Mandal, palnadu District and pass such other order or orders as this Hon'ble court deems fit and proper in the interest of Justice. to direct the Respondents to issue Pattadar passbooks and title deeds by mutating the name of the Petitioner in respect of the land admeasuring Ac. 0.58 cents in Sy No. 302-1, situated in situated in Bhimavaram Village, Sattenapalli Mandal, palnadu District and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to grant leave to the Respondent No.4 in the Writ Petition No.40793 of 2022 to file counter affidavit in the above Writ petition ,and pass Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:40793/2022 ORDER:- Heard Sri P.S.P. Suresh Kumar, learned counsel for the petitioner, and learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The present Writ Petition has been filed challenging the action of respondent No.4 in rejecting the request of the petitioner for mutation and issuance of title deeds and pattadar passbooks in his favour in respect of the land in an extent of Ac-0.58 cents in Sy. No.302-1, situated in Bhimavaram Village, Sattenapalli Mandal, Palnadu District. 3. The petitioner contends that he had acquired title to the subject property through a registered partition deed dated 25.02.2020. In pursuance of the said partition, the petitioner made an online application on 17.09.2021 for issuance of pattadar passbooks. However, the Tahsildar vide proceedings dated 27.09.2021 rejected the said application, stating that “proper documents were not submitted”. 4. The learned counsel, Sri P.S.P. Suresh Kumar, appearing for the petitioner contends that if any shortfalls were noticed in the application of the petitioner, the Tahsildar ought to have informed the petitioner to comply with the same. However, without issuing any such notice or conducting any 4 enquiry, the Tahsildar had rejected the said application, which is in gross violation of principles of the Andhra Pradesh Rights in Land and Pattadar Pass books Act, 1971. 5. The 4th respondent – Tahsildar filed counter affidavit stating that pursuant to the application filed by the petitioner, notice in Form VIII was issued and published at the office of Grmapanchayat, Bheemavaram and also at prominent places of the village. In pursuance thereof, one Sri Gollapalli Yesu, has filed an objection petition dated 19.09.2021, stating that an extent of Ac.1.16 cents in Sy. No.302-1, situated in Bhimavaram Village, Sattenapalli Mandal, Palnadu District, belongs to his grandfather, who purchased it through a registered sale deed bearing document No.1016/1945 dated 12.03.1945 from his vendors Sri Makkapati Brahmaiah and others. It is further stated that the said Sri Gollapalli Yesu has stated in his objection petition that the subject land has been in his occupation and enjoyment and has obtained pattadar passbooks in the said regard. However the petitioner on the basis of a partition deed dated 26.02.2020 with malafide intention to grab the property is claiming right over the subject property. It is further stated that the Village Revenue Officer has recommended for rejection of the mutation application filed by the petitioner herein. In accordance with the said report of the Village Revenue Officer, the Tahsildar vide proceedings dated 27.09.2021 rejected the application of the petitioner. It is further stated that the endorsement/proceedings dated 27.09.2021 was sought to be served on the 5 petitioner through the Village Revenue Officer, however petitioner had refused to receive the same. 6. Considered the submissions. 7. A perusal of the impugned proceedings, communicated through web portal, mee seva, would reflect that the reasons for rejection was mentioned as “proper documents were not submitted”. Whereas from the endorsement dated 27.09.2021, copy of which has been filed along with the counter affidavit of the Tahsildar, it reflects that an enquiry appears to have been conducted pursuant to the application filed by the petitioner, on account of an objection received from one Sri Gollapalli Yesu. A perusal of the said endorsement would not reflect if any opportunity was given to the petitioner for rebutting the objections of the said Sri Gollapalli Yesu. The Tahsildar having come to a conclusion that the application of the petitioner deserves to be rejected, was under an obligation to issue notice to the petitioner before any such rejection order was passed. 8. On the other hand, the said Sri Gollapalli Yesu was given sufficient opportunity to make his submissions and on the basis of the objections filed by the said Sri Gollapalli Yesu, a detailed enquiry was conducted and on the basis of the said enquiry, the Tahsildar rejected the claim of the petitioner without issuing any notice. 6 9. Having regard to the above, this Court is of the view that endorsement/proceedings of the Tahsildar dated 27.09.2021 is in gross violation of the principles of natural justice and the same is not sustainable. 10. Therefore this Court deems it appropriate to set aside the endorsement/proceedings dated 27.09.2021, directing the Tahsildar to pass orders afresh, assigning reasons, after issuing notice to all the affected parties, if any, in this regard. It is needless to observe that the orders shall be passed as expeditiously as possible not later than three (3) months from the date of receipt of a copy of this order. 11. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:04.05.2026 MVK 7 214 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.40793 of 2022 Date:04.05.2026 MVK