ORDER:

The writ petitioner filed this writ petition challenging the endorsement, dated 15.11.2022 issued by the 3rd respondent rejecting his application/representation for mutation of his name in respect of the subject matter property in revenue records.

2. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Revenue appearing for the official respondents. With the consent of learned counsels, the Writ Petition is being disposed of at the stage of admission.

Notice to the 4th respondent is not necessary in view of the facts and circumstances of the case.

3. As per the submissions of the learned counsel for the petitioner inter alia by placing reliance on the amendment provisions of A.P.Rights in Land and Pattadar Passbooks Act, 1971, the endorsement, dated 15.11.2022 is not sustainable.

4. A perusal of the impugned endorsement would go to show that the same came to be issued pursuant to the request/representation made by the petitioner after giving due opportunity to the 4th respondent also.

5. At the time of considering the matter, learned Assistant Government Pleader for Revenue placed a copy of the instructions, dated 08.09.2023, a reading which would go to show that the petitioner filed a representation for mutation of the subject matter property in his name. It may be pertinent to mention here that in so far as the updation of the names in the revenue records is concerned, Section 5 of the Act specifically laid down the procedure contemplated therein. In the present case, it is clear that on the basis of the representation, the impugned endorsement has been passed. However the Act contemplates particular procedure and the same has to be followed. Therefore the impugned endorsement, dated 15.11.2022 issued pursuant to the representation made by the petitioner cannot be treated as valid in the eye of law. As per the amended provisions of the Act which were published in the A.P.Government Gazette on 18.10.2022, that is prior to issuing the impugned endorsement, dated 15.11.2022, the Tahsildar has no power to straight away reject the mutation applications.

6. Section 5 of the A.P.Rights in Land and Pattadar Passbooks Act, 1971 is extracted hereunder for reference: 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 affording an opportunity of hearing to the interested persons.

(i) Confirming the recommendations of the Tahsildar.

(ii) Disagreeing with the recommendations of the Tahsildar.

(iii) On the receipt of communication of disagreement under 5(2a)(ii), 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 as 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 provisions under the Registration Act, 1908, the R.O.R shall stand mended 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 Officer within a period of thirty (30) days from the date of receipt of such order or amendment of R.O.R. the Appellate Authori