\i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / TUESDAY, THE TWENTY FIRST DAY OF JANUARY ‘ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 105 OF 2025 ) Between: Betapudi Pichamma, W/o Daniyelu, Aged 78 years, Occ housewife R/o Katrenipadu Village, Musunuru Mandalam, Eluru District, Andhra Pradesh- 521207. ...PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary Department of Revenue, Secretariat Buildings, Velagapudi., Guntur District. The District Collector, Eluru, Eluru District. The Revenue Divisional Officer, Musunuru Mandal, Eluru District. The Tahsildar, Katrenipadu Village, Musunuru Mandal Nuzvid Mandal, Krishna District. 1. 2. 3. 4. ...RESPONDENTS 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 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 rejecting Petitioner Application vide No. FPLM1926100020 96 vide endorsement dated 08.06.2023 seeking mutation for agricultural land in an extent of Ac. 1.50 cents situated in R.S. No. 47/1 of Katrenipadu Village of Musunuru Mandal, Eluru District in contrary to the procedure contemplated under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Pass Books (Amendment) Act, 2022 and Rules 6 to 9 there under as illegal, arbitrary, unjust and violative of Fundamental Rights guaranteed under Article 21 and 300-A of the Constitution of India and consequently set asid^the endorsement dated 08.06.2023 issued by the Respondent No.4 and direct the Respondents to pass appropriate order in terms of the statute and rules by granting opportunity to the petitioner in pursuance of aforementioned application. lA 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 to direct the Respondents to pass appropriate reasoned order in terms of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 2022 and rules there under in pursuance of application vide No. FPLM19261000209 6, vide endorsement dated 08.06.2023 seeking mutation for agricultural land in an extent of Ac. 1.50 cents situated in R.S. No. 47/1 of Katrenipadu Village of Musunuru Mandal, Eluru District. Counsel for the Petitioner:SRI K V ADITYA CHOWDARY Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following: ORDER [3328] APHC010606362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 105/2025 Between: 1.BETAPUDI PICHAMMA, W/0 DANIYELU, AGED 78 YEARS, OCC HOUSEWIFE R/0 KATRENIPADU VILLAGE, MUSUNURU MANDALAM, ELURU DISTRICT, ANDHRA PRADESH- 521207. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, MUSUNURU MANDAL, ELURU DISTRICT. 4.THE TAHSILDAR, KATRENIPADU VILLAGE, MUSUNURU MANDAL NUZVID MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri K.V.Aditya Chowdary, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner has submitted that the Endorsement passed by the Tahsildar (Respondent No.4) dated 08.06.2023 (Ex.P.1) is under challenge. The learned Counsel for the Writ Petitioner would submit that the Impugned Endorsement dated 02.07.2024 (Ex.P.1) is beyond the jurisdiction of the Tahsildar (Respondent No.4). Learned Counsel for the Petitioner has drawn the attention of this Court to Sections 5(2) and 5(2A) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (ROR Act) (the Act). Section 5(2) of the said Act would indicate that if the Tahsildar intends to refuse the request made by the Applicant, he shall transmit all the documents to the Revenue Divisional Officer (RDO) with the recommendations. Section 5(2A) of the Act would stipulate that on receipt of such recommendations from the Tahsildar, the Revenue Divisional Officer may confirm the recommendations or disagree with the recommendations of the Tahsildar or on receipt of the communication of the disagreement under Section 5(2A), the Tahsildar shall carry out the amendment in the revenue record. 2. 3. 4. Learned Counsel for the Petitioner would submit that the said impugned Order is clearly beyond the jurisdiction of the Tahsildar in as much as he has no power to pass a final order refusing to mutate the revenue record. He can only forward the recommendations to the Revenue Divisional Officer. 5. This Court is in agreement with the submissions made by the learned Counsel for the Writ Petitioner that the Tahsildar does not have the power to pass an order refusing mutation and in the event that the Tahsildar is of the opinion that the applicant is not entitled for mutation, the only option left open to him (the Tahsildar) under statute is to transmit all the documents to the Revenue Divisional Officer along with his recommendations. 6. Accordingly, the impugned Endorsement dated 08.06.2023 (Ex.P.1) passed by the Tahsildar (Respondent No.4) is set aside. The Tahsildar (Respondent No.4) is now directed to consider the Online Application submitted by the Writ Petitioner dated 26.05.2023 and pass fresh proceedings as per the Statutory procedure stipulated under Section (5) of the ROR Act. With these observations and directions, the Writ Petition stands allowed. No order as to costs. 7. 8. Interlocutory Applications, if any, stand closed in terms of this order. SD/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Department of Revenue, Secretariat Buildings, Velagapudi., Guntur District. The District Collector, Eluru, Eluru District. The Revenue Divisional Officer, Musunuru Mandal, Eluru District. The Tahsildar, Katrenipadu Village, Musunuru Mandal Nuzvid Mandal, Krishna District. One CC to SRI. K. V. ADITYA CHOWDARY, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] Three C.D.Copies 2. 3. 4. 5. 6. 7. nm m \ HIGH COURT . DATED:21/01/2025 ORDER WP.No.105 of 2025 2 5 FEB 2C25 . Current Section . ALLOWING THE WP WITHOUT COSTS