Extracted from the PDF above. The PDF is authoritative.
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APHC010005232025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328]
TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 303/2025 Between:
1. J VENKATA LAKSHMAMMA, W/O. J. NARASIMHA REDDY, AGED 76 YEARS, OCC. HOUSE WIFE, RESIDING AT KOTLAMARRI VILLAGE, BATTALAPALLI MANDAT, SRI SATYA SAI DISTRICT. 2. N. PULLAMMA,, W/O. N. KATAMAIAH, AGED 65 YEARS, OCC. HOUSE WIFE, RESIDING AT RAPTADU VILLAGE, RAPTADU MANDAT, ANANTAPURAM DISTRICT. 3. CHIGICHERLA NAGA LAKSHMAMMA @ NAGA LAKSHMI,, W/O. D.
VENKAT REDDY, AGED 74 YEARS, OCC. HOUSE WIFE, RESIDING AT KANDUKURU VILLAGE, ANANTAPURAM (RURAL) MANDAL, ANANTAPURAM DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPURAM, ANANTAPURAM DISTRICT. 3. THE TAHSILDAR, RAPTADU MANDAL, .ANANTAPURAM DISTRICT. 4. C LAKSHMI DEVI, W/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOTLAPALLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. 5. C SANKARA REDDY, S/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOTLAPALLI VILLAGE, RAPTHADU MANDAL,
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ANANTAPURAM DISTRICT. 6. C NARAYANA REDDY, S/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOLFAPATLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. 7. C NARASIMHA REDDY, S/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOLLAPALLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. 8. C VENGAL REDDY, S/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOLLAPALLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. 9. C PADMAVATHI, D/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOLLAPALLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. 10. C OBULAMMA, D/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOLLAPALLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. 11. P RAMADEVI, D/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOLLAPALLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. 12. C LAKSHMI DEVI, D/O. LATE C. NARAYANA REDDY, AGED. MAJOR, R/O. GOLLAPALLI VILLAGE, RAPTHADU MANDAL, ANANTAPURAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S):
1. SESHADRI GOALLA Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
ORAL ORDER:
Heard Sri Seshadri Goalla, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 3. 3
2. The Endorsement passed by the Tahsildar dated 18.12.2024 (Ex.P.1) is under challenge.
This Court is not inclined to go into the merits whether the reasoning given by the Tahsildar (Respondent No.3) in the impugned Endorsement is proper or not because the Endorsement passed by the Tahsildar itself is contrary to law. Section 5(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (ROR Act) (the Act) stipulates that if the Tahsildar is not inclined to entertain an Application submitted by an Applicant for mutation, the Tahsildar can only transmit all the documents to the Revenue Divisional Officer (RDO) with the recommendations. Under Section 5 (2A) of the Act, the RDO, on receipt of such recommendation, shall pass an Order in accordance with law after affording an opportunity of hearing to the interested persons. The RDO may pass an Order either confirming the recommendations of the Tahsildar or disagreeing with the recommendations of the Tahsildar. 3. In this view of the matter, the Tahsildar (Respondent No.3), vide the impugned Endorsement dated 18.12.2024 has no power to reject the request of the Writ Petitioners. Accordingly, the impugned Endorsement dated 18.12.2024 bearing Rc.No.A/379/2024 (Ex.P.1) is set-aside. 4. In the above premise, the Writ Petition is allowed. The Tahsildar (Respondent No.3) is directed to consider the Online Application submitted by the Writ Petitioners dated 27.09.2024 (Ex.P.2) and pass fresh Orders in accordance with law, as mentioned above. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J
Dt: 07.01.2025 Vns