!?• « • I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10139 OF 2025 Between: E. Bagavanthappa, S/o. Late Narayanappa, Aged about 73 years, Occ Agriculture, R/o.3/58, Kummarapeta, Puttaparthi, Sri Satya Sai District. ...PETITIONER AND The State of Andhra Pradesh, Revenue Department, Rep. by its Principal Secretary Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Sri Satya Sai District. The Revenue Divisional Office, Puttaparthi Mandal, Sri Satya Sai District. The Tahsildar, Puttaparthi Mandal, Sri Satya Sai District. Lekala Subbarayudu, S/o.Late Subbayagaru, R/0.D.N0.8-236B, 8 Ward, Backside of Perla Saviti, Gutolla Bazar, Pedda kamma vari palli, Puttaparthi, Sri Satya Sai District. Lekala Venkataramudu, S/o.Late Subbayagaru, R/0.D.N0.8-236B, 8th Ward, Backside of Perla Saviti Gutolla Bazar, Pedda kamma vari palli, Puttaparthi, Sri Satya Sai District. Y.Lekala Chinnamma, W/o. Late Narappa, R/o.D.No.8-236B, 8 Ward, Backside of Perla Saviti, Gutolla Bazar, Pedda kamma vari palli, Puttaparthi, Sri Satya Sai District. 1. 2. 3. 4. 5. 6. 7. ...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 a Writ of Mandamus, declaring the impugned notice issued by the Resppndent Np.4 Vide Rc.No.A/83/2025 dated 21.03.2025, for determining tfte*^Gancellation of Pattadar Passbook as one without jurisdiction, illegal, arbitrary, contrary to Andhra Pradesh Rights in Land And Pattadar Pass Books Act, 1971 (Act No. 26 Of 1971) and violative of Article 14, 21 and 300-A of the Constitution of India and consequently set aside the impugned notice issued by the 4‘^ Respondent Vide Rc.No.A/83/202 5 dated 21.03.2025. 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 stay all proceedings pursuant to the impugned notice issued by the Respondent No.4 Vide Rc.No.A/83/2025 dated 21.03.2025 pending disposal of the writ petition. Counsel for the Petitioner: SRI KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 7:— The Court made the following: ORDER 9 APHC010182812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10139/2025 Between: ...PETITIONER E Bagavanthappa AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KR1STAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent(S): 1.GP FOR REVENUE 0 * THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10139/2025 The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order, or direction more particularly one in the nature of a Writ of Mandamus, declaring the impugned notice issued by the Respondent No. 4 Vide Rc.No.A/83/2025 dated 21.03.2025, for determining the cancellation of Pattadar Passbook as one without jurisdiction, illegal, arbitrary, contrary to Andhra Pradesh Rights in Land And Pattadar Pass Books Act, 1971 (Act No. 26 Of 1971) and violative of Article 14, 21 and 300-A of the Constitution of India and consequently set aside the impugned notice issued by the 4^^ Respondent Vide Rc.No.AJ83/202 5 dated 21.03.2025 and to pass orders’’ 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. th 3. The learned counsel for the petitioner submits t+iat the 4 respondent, without any power or jurisdiction, issued proceedings vide Rc. No. A/83/2025, dated 21.03.2025, directing the petitioner to appear for an enquiry within 15 days. The said notice was issued pursuant to a representation submitted by unofficial respondent Nos. 5 to 7, seeking for cancellation of the pattadar passbook issued in favour of the petitioner and issuance of a pattadar passbook in their favour in respect of the subject property. He further submits that the 4**^ respondent has no power or authority to issue or conduct an enquiry into the issuance of pattadar passbooks, or 4. to direct the petitioner to appear for such an enquiry, based solely on the representation of the unofficial respondents. The proceedings dated 21.03.2025, issued by the 4th respondent, which is contrary to Section 5 of the A.P. Rights in Land and Pattadar Pass Books Act, as amended by Act 15 of 2022 (for short, 'Act 15 of 2022'). As per the said provision, if the Tahsildar intends to enquire into the issuance of a pattadar passbook and title deed, he is only empowered to forward his recommendations, along with the relevant material, to the Revenue Divisional Officer for passing appropriate orders. He has drawn the attention of this Court to Section 5(2) ofAct15of2022. If On the other hand, the learned Assistant Government Pleader for Revenue fairly conceded that the Tahsildar ought not to have rejected the case of the petitioner, instead of sending the same to the Revenue Divisional officer, who is the authority concerned. He further submitted that, if this Court intends to interfere, a liberty may be given to the respondent authorities to pass appropriate orders in that regard. 5. 6. The main contention of the petitioner is that the order of rejection is contrary to Section 5 of Act 15 of 2022. It is appropriate to refer Section 5 of the A.P.Rights in Land and Pattadar Pass Books Act as amended by Act 15 of 2022 (published on A.P. Government Gazette on 18.10.2022) reads as follows; "5. (1) On receipt of intimation of the fact of acquisition of any right referred to in section 4, otherwise than by a registered document, the Tahsildar shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence thereof and shall carryout the amendment in the record of rights in accordance with such determination. (2) In the event of the Tahsildar determining that the amendment in consequence of the acquisition of right referred to in sub-section (1) above, is liable to be refused, then the Tahsildar shall transmit all the documents to the Revenue Divisional Officer with the recommendations. (2a) The Revenue Divisional Officer, on receipt of such recommendations, shall pass an order as under, after o i affording an opportunity of hearing to the interested persons, (i) Confirming the recommendations of the Tahsildar. (i) Disagreeing with the recommendations of the Tahsildar. (u) On the receipt of communication of disagreement under 5(2a)(i), the Tahsildar shall carry out the amendment of R.O.R, as provided for under section 5(1). Provided that the procedure for initiation and conclusion of action by the Tahsildar and Revenue Divisional Officer shall be such may be prescribed under the Rules. (3) In cases of acquisition of right under section 4(1) by a registered document in accordance with the under the Registration Act, 1908, the R.O.R shall stand amended to reflect the said transaction. (4) Any person aggrieved by any order passed under sub sections (1), 2(a) and the amendment of R.O.R under sub section (3), above may prefer an appeal before the District Revenue Officer within a period of thirty (30) days from the date of receipt of such order or amendment of R.O.R. the Appellate Authority shall dispose the appeal preferably not later than 6 months from the date of filing of such appeal. 1. In light of the above-mentioned provision, the 4‘^ respondent has authority or power to issue or conduct an enquiry into the issuance of pattadar passbooks, or to direct the petitioner to appear for such enquiry, based solely on the representation of the unofficial respondents, particularly for the purpose of cancelling the pattadar passbooks issued i : favour of the petitioner in respect of the subject property. Since the violation of Section 5(2A) of the Act is apparent on the face of the impugned as provisions no an in w liable to be set aside at the proceedings, the said proceedings are admission stage. Accordingly, the Writ Petition is allowed, setting aside the impugned vide Rc. No. A/83/2025, dated 21.03.2025, issued by the Further, the 4**^ respondent is directed to forward the representation of the unofficial respondents and objections if any submitted by the petitioner in accordance with Section 5(2a) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, for further consideration. Upon such compliance with Section 5(2a) by the 4th respondent, the 3rd respondent shall consider the same and pass appropriate orders after providing opportunity of hearing to the petitioner and unofficial respondents herein or other stakeholders if any within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. 8. proceedings Tahsildar. Miscellaneous Petitions, if any, pending in the writ Consequently petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR %- /(TRUE COPY// SECTION OFFICER To, The Principal Secretac Revenue Department. State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2 The District Collector, Sri Satya Sai District. Puttaparthi Mandal, Sri Satya Sai 1. Divisional Office 3. The Revenue District. 4. The Tahsildar, Puttaparthi Mandal, Sri Satya Sai District. 5. One CC to Sri Kristam Sakthi Niranjan Guptha, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:22/04/2025 ^ c««."«sr“S ^^LPgSPATCS^ ORDER COj WP.No.10139 of 2025 ALLOWING THE W.P. WITHOUT COSTS