Extracted from the PDF above. The PDF is authoritative.
APHC010632392022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 37786/2022 Between: Thodeti Penchalaiah ...PETITIONER AND The Tahasildar and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. P NAGENDRA REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
The Court made the following order:
1. The present writ petition is filed challenging the action of the 1st respondent in rejecting the petitioner’s application dated 15.09.2021 for mutation and issuance of title deed-cum- pattadar pass book, in respect of the land to an extent of Acs.3.12 cents situated in Sy.No.300-2 of Madannagaripally Village, Kaluvaya Mandal, SPSR Nellore District. 2. The petitioner claims that he is absolute owner and possessor of land admeasuring an extent of Acs.3.12 cents in Sy.No.300-2 of Madannagaripally Village, Kaluvaya Mandal, SPSR Nellore District. It is his further case that he succeeded to the said property after the demise of his maternal uncle Sri D.Penchalaiah, as his paternal uncle had no children. 3. It is his further case that the name of the petitioner was also mutated in revenue records and web Adangals, but his name was not entered into 1B register and he was not issued pattadar passbooks. Therefore, he filed application dated 15.09.2021 through Mee-Seva requesting the 1st respondent to mutate his name in revenue records and to issue pattadar passbook and title deeds in his favour. It is further case of the
petitioner that the 1st respondent, without conducting any enquiry, rejected the application made by the petitioner on 01.10.2021 without assigning any reasons. The said order is being questioned in the present writ petition. 4. On the other hand, learned Government Pleader for Revenue, on instructions, submits that the petitioner was not the original assignee and he encroached the land in dispute and therefore his name was recorded in webland Adangal as enjoyer and he would submit that, the application filed by the petitioner was rightly rejected by the 1st respondent. 5. On perusal of the order dated 01.10.2021 issued by the 1st respondent, it is clear that the 1st respondent not assigned any reasons while rejecting the application of the petitioner.
Further, this Court in similar circumstances in W.P.No.24808 of 2022, held that it is incumbent on the part of the authorities, who passes the order either on the administrative side or quasi judicial side, has to assign reasons, in as much as the petitioner shall know on what grounds his application is rejected. In the absence of any reasons mentioned in the rejection order, the order impugned is liable to be set aside. 6. Accordingly, the impugned order dated 01.10.2021 passed by the 1st respondent is hereby set aside and the matter is remanded back to the 1st respondent to consider application dated 01.10.2021 made by the petitioner afresh and pass a speaking order by giving reasons. 7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Applications, if any, pending shall also stand dismissed. _____________________ JUSTICE T.C.D.SEKHAR
Dt.26.03.2025 JLV
141 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR
W.P.No.37786 of 2022 Date: 26.03.2025
JLV