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2024 Supreme(Online)(AP) 22598

APHC010593332024 IN THE HIGH COURT OF ANDHRA PRADESH [3329]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY ,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31105/2024 Between:

R Srinivasulu Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner: 1. M K VISWANATH NAIDU Counsel for the Respondent(S):

1. GP FOR REVENUE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31105/2024 The Court made the following:

ORDER

The instant Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief:

“ to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the inaction of the Respondent No.4 in disposing the Application No.MUT241206033186, dated 06.12.2024 for updating the revenue records i.e., ROR (1-B) Adangal in the Petitioner’s name in respect to land situated in Sy No.421 admeasuring Ac 0.95 Cents of Raoludiki village in Peddavaduguru Mandal, which is included in the Yadiki sub-division of Anantapuram Division, Andhra Pradesh as illegal, arbitrary and violation of the Provisions of A.P. Record of Rights in Land and Pattadhar Passbooks Act 1971 (ROR), besides being violation of petitioner’s rights guaranteed under Article 14, 21 and 300A of the Constitution of India and consequently direct the Respondent No.4 herein to Update the revenue records i.e., ROR (1-B) and Adangal by mutating the name of the Petitioner by considering the Petitioner’s Application No.MUT241206033186, dated 06.12.2024 and pass”

2. The case of the Petitioner is that the Petitioner is absolute owner and possessor of the land admeasuring Ac.0.95 cents in Sy.No.421 situated at Raoludiki Village, Peddavaduguru Mandal, Anantapuram District.

(a) While so, Petitioner made an application dated 06.12.2024 seeking for mutation of his name into revenue records i.e., ROR (1-B) Register by claiming that the Petitioner is the absolute owner and possessor of the subject property and he acquired the subject property through a registered sale deed vide document No.2019, dated 25.06.2021. Even though the application for mutation was received by the Respondents on 18.11.2024 and on 06.12.2024, the Respondents neither considered the application of the Petitioner nor rejected the same.

Hence the Writ Petition.

3. On the other hand, learned Government Pleader for Revenue furnished written instructions dated 28.12.2024 issued by the Respondent No.4, who is the competent authority for issuance of ROR (1-B) as claimed by the Petitioner. As such, in view of amendment to the ROR Act, once the 4th Respondent intended to reject the application under ROR Act such rejection should be considered by the RDO and issue appropriate proceedings.

4. In view of the same the 4th Respondent forwarded his proceedings dated 28.12.2024 for considering the claim of the Petitioner for mutation in ROR (1-B) Register. The same is pending with the Respondent No.3 for issuance of proceedings. He further submits that let there be a direction to the 3rd Respondent to pass appropriate orders.

5. Having regard to the submission made by learned counsel for the Petitioner and learned Government Pleader for Revenue, it appears that the 4th Respondent herein considered the application of the Petitioner and rejected the same.

6. In view of the amendment to Section 5(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Amendment Act No.15 of 2022), the competent Authority is the 3rd Respondent. In view of proceedings forwarded by the 4th Respondent in compliance of Section 5(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Amendment Act No.15 of 2022), the 3rd Respondent shall consider the same and pass appropriate orders.

7. In view of the facts and reasons stated above, the 3rd Respondent is hereby directed to consider the application of the Petitioner with reference to the proceedings dated 28.12.2024 within a period of eight (8)

weeks from the date of receipt of a copy of this order.

8. Accordingly, the Writ Petition is disposed of. No costs.

As a sequel, interlocutory applications if any pending, shall stand closed.

________________________________

VENKATESWARLU NIMMAGADDA,J Dt: 30.12.2024 Krk THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31105 of 2024

30.12.2024 krk

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