APHC010267332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15955 of 2025 Between: 1. GAVAMMA GARI HANUMAKKA, S/O. LATE NANJI REDDY, AGED ABOUT 68 YEARS, OCC CULTIVATION, R/O.D.NO.7/16, PAPASANIPALLI, MELVOI VILLAGE, MADAKASIRA MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, A.P. 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. 4. THE TAHSILDAR, MADAKASIRA MANDAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 15955 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ One in the nature of a Writ of Mandamus or any other appropriate Writ Direction or Order declaring the action of the 4th respondent in rejecting the petitioners Mee Seva application No.MUT231101028600 MUT231101028226,MUT231101026410,MUT23110102553 6, MUT231101024953, MUT231101024478 dated 01.11.2023 on 25.11.2023 for mutation of his name in revenue records by issuing Pattadar Pass Books ePass Book and title deeds in respect of land admeasuring an extent of Ac.0.04 cents in Sy.No.600-3, Ac.1.16 cents in Sy.No.182-1, Ac.0.48 cents in Sy.No.174-3, Ac.0.62 cents in Sy.No.180-3, Ac.0.57 cents in Sy.No.181-3 and Ac.0.15 cents in Sy.No.410-2 in total Ac.3.02 cents situated at Melvavoi Village, Madakasira Mandal, Sri Sathya Sai District Erstwhile Ananthapur District, without assigning any reasons and without providing any opportunity to submit explanation as illegal arbitrary and contrary to the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and consequently set aside the same by directing the respondents to mutate the petitioners name in the revenue records by issuing pattadar pass book e Pass Book and title deeds in favour petitioner in respect of above said land and pass.” 2. Heard learned counsel for the petitioners and Learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioners submits that, the 4th respondent without having any authority or Jurisdiction has rejected the petitioner’s application dated 01.11.2023 for mutation and for issuance of E-Pattadar Passbook and title deeds in respect of the land admeasuring to an extent of Ac.0.04 cents in Sy.No.600-3, Ac.1.16 cents in Sy.No.182-1, Ac.0.48 cents in Sy.No.174-3, Ac.0.62 cents in Sy.No.180-3, Ac.0.57 cents in Sy.No.181-3 and Ac.0.15 cents in Sy.No.410-2 in total Ac.3.02 cents situated at Melvavoi Village, Madakasira Mandal, Sri Sathya Sai District Erstwhile Ananthapur District. 4. The learned counsel for the petitioners, in elaboration to what has been stated in the affidavit contended that, the petitioners’ mutation applications have been rejected by the Tahsildar on 25.11.2023, contrary to Section 5 of the A.P. Rights in Land and Pattadar Pass Books Act as amended by Act 15 of 2022 (for short ‘Act 15 of 2022), which says that if at all the Tahsildar has intention to reject application seeking for mutation and issuance of pattadar pass book and title deed, at the most he can send recommendations along with material to the Revenue Divisional Officer for necessary orders. He has drawn the attention of this Court to Section 5(2) of the Act 15 of 2022. But, the Tahsildar, instead of transmitting the documents to Revenue Divisional Officer along with recommendations, he himself had rejected the application contrary to the provisions of the Act 15 of 2022. As such, prayed to allow the Writ Petition by setting aside the same. 5. On the other hand, the learned Assistant Government Pleader for the respondents contended that the Section 5 of Act No.26 of 1971 was amended vide G.O.Ms.No.15 dated 02.04.2025, the same was published at Gazette as Act No.8 of 2025 on 02.04.2025, wherein Section 5(2) and 5(2)(a) were deleted by adding proviso as extracted hereunder: “2. In the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (herein after referred to as Principal Act), in Section 5- (i) After sub-section (1), the following proviso shall be added namely- “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.” (ii) For sub-section (2), the following shall be substituted, namely- “(2) The Tahsildar shall, before carrying out any amendment in the record of rights under sub- section (1) shall 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 Tahsildar shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as deemed fit, in accordance to this Act. Every order passed under this Section shall be communicated to the person concerned.” 6. Learned Government Pleader for the respondents further submits that in view of the above amendment vide Act No.8 of 2025, the Tahsildar has vested with the power and jurisdiction to deal with the mutation applications made by the petitioners, either by ordering mutation or to reject the same. 7. In reply, learned counsel for the petitioners further submits that the 4th respondent has rejected the applications of the petitioners without assigning any reasons and thereby, the petitioners are deprived of the opportunity of appeal/further proceedings against the rejection order as they are unaware of the reasons for such refusal of the applications. 8. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of amended Section 5(1) proviso of Act No.8 of 2025, it indicates that while rejecting the claim of the petitioners who sought for mutation under Section 6-A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, the 4th respondent/Tahsildar shall issue notice informing about the rejection of the same and invite the objections/explanation from the applicants. After receipt of the said objections/explanation, the 4th respondent shall consider the same and pass orders with all reasons. But in the instance case, the 4th respondent did not comply with the object of the amended Act i.e., Act No.8 of 2025. Therefore, the subject rejection without assigning any reasons and without providing opportunity of hearing to the petitioners is contrary to Section 5(1) proviso of Act No.8 of 2025. 9. Accordingly, the Writ Petition is allowed, setting aside the rejection proceeding dated 25.11.2023. However, the claims of the petitioners were remitted for fresh consideration of the 4th respondent. The 4th respondent is at liberty to proceed further and pass appropriate orders in accordance with Section 5(1) proviso and Section 5(2) of Act No.8 of 2025. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. VENKATESWARLU NIMMAGADDA, J DDaattee:: 0011..0077..22002255 M M KK KK 128 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:15955 of 2025 0011..0077..22002255 M M KK KK