IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1338 OF 2025 y Between: Parasa Rajiv Ratan, S/o. Yesuratnam Aged 36 years, Occ: Business R/o.D.No.36-8-36, Nehru Nagar, Woodpeta, Vijayawada, NTR District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, NTR District at Vijayawada. 3. The Revenue Divisional Officer, Nunna, Vijayawada Rural, NTR District 4. The Tahsildar, Vijayawada Rural Mandal NTR District. ...RESPONDENTS / Petition under Article 226 of the Constitution of India is filed 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 m the nature of Writ of Mandamus declaring the endorsements i NTR202407012500/2024 dated 02.07.2024 passed by 4th rejecting petitioners PGRS application No. in respondent in NTR202407012500 dated 01.07.2024, submitted for granting E-Pattadar Pass Book-cum-Title Deed and for mutation of petitioner name in all online web Land Revenue Records being maintained by the 4th respondent for the agricultural of Ac.2.00 cents out of Ac.7.70 cents land to an extent covered by Survey No.4 of Nunna % Revenue Village in Vijayawada Rural Mandal of NTR District, irregular, irrational and violative of the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed and offends Articles 14 and 21 of Constitution of India and direct the respondents 3 and 4 to issue E-Pattadar Pass Book-cum- Title Deed and mutate his name in online web land record of rights connected to said lands. as illegal. there under consequently lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of endorsements in NTR202407012500/2024 dated 02.07.2024 passed by 4th respondent consequently direct the respondents to grant the petitioner E- Pattadar Pass Book-cum-Title Deed and mutate his and name in all online web Land Revenue agricultural land to an extent of Ac.2.00 cents out of Ac.7.70 cents covered by Survey Nunna Revenue Village in Vijayawada Rural Mandal of NTR District, Pending disposal of the main Writ Petition. Records being maintained by the 4th respondent for the No.4 of Counsel for the Petitioner: SMT. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 ,> [3328] APHC010022582025 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: 1338/2025 Between: 1.PARASA RAJIV RATAN, S/0. YESURATNAM AGED 36 YEARS, OCC BUSINESS, R/O.D.NO.36-8-36, NEHRU NAGAR VIJAYAWADA, NTR DISTRICT WOODPETA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NTR DISTRICTAT VIJAYAWADA. 3.THE REVENUE DIVISIONAL OFFICER, NUNNA, VIJAYAWADA RURAL, NTR DISTRICT. REVENUE DEPARTMENT, 4.THE TAHSILDAR, VIJAYAWADA RURAL MANUAL NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.NIMMAGADDA REVATHI Counsel for the Respondent(S); 1.GP FOR REVENUE 2 The Court made the following: ORAL ORDER: Heard Smt. Nimmagadda Revathi, 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 02.07.2024 (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). 2. 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. 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 refuse to mutate the revenue record. 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 refuse the mutation and in the event that the Tahsildar has to refuse the mutation, the only option left to him under statute is to transmit all the documents to the Revenue Divisional Officer along with his recommendations. 5. 3 Accordingly, the impugned Endorsement dated 02.07.2024 (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 01.07.2024 and pass fresh orders per the Statutory procedure as stipulated under Section (5) of the ROR Act. With these observations and directions, the Writ Petition stands allowed. No order as to costs. 6. as 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 to Government, Revenue Department Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, NTR District at Vijayawada. 3. The Revenue Divisional Officer, Nunna, Vijayawada Rural, NTR District. 4. The Tahsildar, Vijayawada Rural Mandal NTR District. 5. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF mm HIGH COURT DATED:21/01/2025 ORDER WP.No.1338 of 2025 g umak® s ^ ^ Current ;>ection . ALLOWING THE W.P. WITHOUT COSTS