W.P.No.27188 of 2025, DR,J APHC010511502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 27188/2025 Between: 1. BODEDDULA NARAYANA REDDY,, S/O SINGA REDDY, AGED ABOUT 60 YEARS. AGRICULTURIST, R/O KORUMANUPALLE VILLAGE, KOLIMIGUNDIA MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH - 518123. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, KOLIMIGUNDIA MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): W.P.No.27188 of 2025, DR,J The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamusdeclaring the action of 4th respondent in passing the impugned Endorsement vide R.C.B. No. 97/2023 dated 13.02.2023 rejecting the request of the petitioner for mutation in respect of land situated in Survey No. 353, Korumanupalle Village, Abdullapuram Gram Panchayat, Kolimigundia Mandal, Nandyal District, Andhra Pradesh without jurisdiction contrary to the Sec 5(2) ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971 is as illegal, arbitrary and violative of Petitioners fundamental and constitutional rights guaranteed under Articles 14, 19, 21 and 300A of the Constitution of India consequently set aside the impugned endorsement duly directing the authorities to follow the procedure established by the law in dealing with the mutation application filed by the petitioner and to pass…” 2. The case of the petitioner is that the petitioner is the absolute owner and possessor of agricultural land admeasuring an extent of Ac.4.88 cents in Sy.No.353, situated at Korumanupalle Village, Abdullapuram Gram Panchayat, Kolimigundla Mandal, Nandyal District. The petitioner acquired the said land as it was assigned to him by the Government under D-Form Patta dated 16.08.2002 issued by the Mandal Revenue Officer. Since then, the petitioner has been in peaceful possession and enjoyment of the said property, and Pattadar Passbook and Title Deed were issued in his favour W.P.No.27188 of 2025, DR,J in respect of the subject land. Subsequently, the petitioner came to know that the subject land was reflected as Government/Banjar land and that his name had not been mutated in the revenue records. Hence, the petitioner submitted a representation/application dated 12.02.2023 to the 4th respondent/Tahsildar under Section 5(1) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, seeking mutation of his name in the revenue records and issuance of an updated Pattadar Passbook and Title Deed. However, the 4th respondent rejected the said representation on the ground that the land was recorded as dotted/Banjar land, that the D- Form Patta was a duplicate without an RC number; and that discrepancies existed in the Pattadar Passbook. 3. The learned counsel for the petitioner submits that, without affording any opportunity of hearing to the petitioner, the 4th respondent issued the endorsement dated 13.02.2023. It is further contended that the 4th respondent had no jurisdiction to reject the petitioner's representation, contrary to Section 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, as amended by Act 15 of 2022 (for short, "Act 15 of 2022"). The said provision stipulates that if the Tahsildar intends to reject an application for mutation and issuance of Pattadar Passbook and Title Deed, he shall forward his recommendations along with the relevant material to the Revenue Divisional Officer for necessary orders. The learned counsel has drawn the attention of this Court to Section 5(2) of Act 15 of 2022. However, instead of transmitting the records to the Revenue W.P.No.27188 of 2025, DR,J Divisional Officer with his recommendations, the Tahsildar himself rejected the application, which is contrary to the mandate of Section 5(2) of the Act Hence, the present Writ Petition. 4. On the other hand, the learned Assistant Government Pleader for the respondents contended that the Section 5 of Act No.26 of 1971 was amended vide G.O.Ms.No.15 dated 02.04.2025, the same was published at Gazette as Act No.8 of 2025 on 02.04.2025, wherein Section 5(2) and 5(2)(a) were deleted by adding proviso as extracted hereunder:- “2. In the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (herein after referred to as Principal Act), in Section 5- (i) After sub-section (1), the following proviso shall be added namely- "Provided that no order refusing to make an amendment in accordance with the intimation shall be passed unless the person making such intimation has been given an opportunity of making his representation in that behalf." (ii) For sub-section (2), the following shall be substituted, namely- "(2) The Tahsildar shall, before carrying out any amendment in the record of rights under sub-section (1) shall issue a notice in writing to all persons whose names are entered in the record of rights and who are interested in or affected by the amendment and to any other persons whom he has reason to believe to be interested therein or affected thereby to show cause within the period specified therein as to W.P.No.27188 of 2025, DR,J why the amendment should not be carried out. A copy of the amendment and the notice aforesaid shall also be published in such manner as may be prescribed. The Tahsildar shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as deemed fit, in accordance to this Act. Every order passed under this Section shall be communicated to the person concerned." 5. Learned Government Pleader for the respondents further submits that in view of the above amendment vide Act No.8 of 2025, the Tahsildar has vested with the power and jurisdiction to deal with the mutation application made by the petitioner, either by ordering mutation or to reject the same. 6. In reply, learned counsel for the petitioner further submits that the 4th respondent has rejected the application of the petitioner without assigning any reasons and thereby, the petitioner is deprived of the opportunity of proceedings against the rejection order as he is unaware of the reasons for such refusal of the application. Hence, the endorsement/rejection order passed by the 4th respondent is contrary to Section 5(2) of the Act, 1971. It is further clarified that any rejection of the mutation sought by the title holder should be vested with the 3 respondent herein. W.P.No.27188 of 2025, DR,J 7. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of amended Section 5(1) proviso of Act No.8 of 2025, it indicates that while rejecting the claim of the petitioner who sought for mutation of his name in revenue records under Section 5(1) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, the 4th respondent/Tahsildar shall issue notice informing about the rejection of the same and invite the objections/explanation from the applicant. After receipt of the said objections/explanation, the 4th respondent shall consider the same and pass orders with all reasons. But in the instance case, the 4th respondent did not comply with the object of the amended Act i.e., Act No.8 of 2025. Therefore, the subject rejection without assigning any reasons and without providing opportunity of hearing to the petitioner is contrary to Section 5(1) proviso of Act No. 8 of 2025. 8. Accordingly, the Writ Petition is allowed, setting aside the endorsement/impugned order dated 13.02.2023 issued by the 4th respondent/Tahsildar. Further, the respondent No.4 is directed to forward the application of the petitioner to the 3rd respondent/Revenue Divisional Officer by causing notice. Thereafter the respondent No.3 shall consider the same after providing an opportunity of hearing to all the parties concerned and pass appropriate orders in accordance with law Section 5(1) proviso and section 5(2) of Act No.8 of 2025. There shall be no order as to costs. W.P.No.27188 of 2025, DR,J Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 04.11.2025 klk W.P.No.27188 of 2025, DR,J 67 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.27188 of 2025 04.11.2025 kkllkk