\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1632 OF 2025 Between: Gonuguntia Nirmaladevi, W/o Gonuguntia Surya Narayana, Aged about 54 years, R/o.D.No. 12-4-54, Vidyuth Nagar, Near lOB Bank, Anantapur, Anantapur District, Andhra Pradesh -515001 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Anantapur, Anantapur District, Andhra Pradesh. 3. The Revenue Divisional Officer, Anantapur, Anantapur District, Andhra Pradesh. 4. The Tahsildar, Anantapur Rural Mandal, Anantapur, Anantapur District ...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 or any other writ, order or direction declaring the order passed by the 4th Respondent in R.DIS No.433/ROR/Anantapur dated. 13.11.2024 acting without any power or authority, by rejecting the application for mutation and for issuance of Pattadar Passbooks and title deeds for the land to an extent of Ac. 5.97 cents in Survey No. 127-3 of Kandukuru Village, Anantapur Mandal, Anantapur District as illegal, arbitrary and violative of Principles of Natural Justice and violative of Article 14,16 and 21 of the Constitution of India and contrary to section w / 5(2) and 5(2a) of Act No.15 of 2022 and consequently set aside the above orders passed by the Respondent in R.DIS No.433/ROR/Anantapur dated. 13.11.2024. 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 suspend the orders passed by the 4"" Respondent in R.DIS No. 433/ROR/Anantapur dated. 13.11.2024 without any power or authority, rejecting the application for mutation and for issuance of Pattadar Passbooks and title deeds for the land to an extent of Ac. 5.97 cents in Survey No. 127-3 of Kandukuru Village, Anantapur Mandal, Anantapur District pending disposal of the writ petition. Counsel for the Petitioner: SRI AYESHA AZMA S Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010030152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1632/2025 Between: Gonuguntia Nirmaladevi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AYESHAAZMAS Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Ms. Ayesha Azma, 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 13.11.2024 (Ex.P.1) is under challenge. The learned Counsel for the Writ Petitioner would 2. submit that the Impugned Endorsement dated 13.11.2024 (Ex.P.1) is beyond the jurisdiction of the Tahsildar (Respondent No.4). 3. 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 Applicant, he shall transmit all the documents to the Revenue request made by the 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 amendment in the revenue record. carry out the 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. 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 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. 6. 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 23.10.2024 and pass fresh orders as per the Statutory procedure as stipulated under Section (5) of the ROR Act. With these observations and directions, the Writ Petition allowed. No order as to costs. — 4. power to 7. stands Interlocutory Applications, if any, stand closed in terms of this order. 8. SD/- K. TATA RAO DEPUTY,REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary Revenue Department, State of Andhra Secretariat, Velagapudi, Amaravathi. Pradesh, 2. The District Collector, Anantapur 3 The Revenue Divisional Officer, Anantapur District, Andhra Pradesh. Anantapur, Anantapur District, Andhra Pradesh. 4. The Tahsildar, Anantapur 5. OneCCto 6. Two CCS to GP for Revenue, 7. Three CD Copies. Rural Mandal, Anantapur, Anantapur District Sri Ayesha Azma S, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] ssb HIGH COURT DATED:24/01/2025 ORDER r WP.No.1632 of 2025 X 01 FEB 2025 O^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS