THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.19497 OF 2021

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 nature of Writ of Mandamus declaring the assailing the endorsement in L.Dis. A.69/2019 dated 10.09.2019 issued by the respondent No.4, through which the request made by the petitioners for mutation of the revenue records through mee Seva application Nos.RMU011902463518 and RMU011902463401, dated 21-07-2019 was rejected on the ground that some third parties are in possession of the land eventhough the revenue records i.e., the recent Adangals clearly show the names of Musani Subbamma and Musani Lakshumma as pattadars and posessors of the land, as arbitrary, illegal, contrary to the ROR Act, apart from being voilative of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently setaside the same and direct respondent No.4 to mutate the names of the petitioners in the revenue records for the land in an extent of Ac.2.0850 cents in Sy.No.104, Ac.1.2450 cents in Sy.No.109, Ac.0.95 cents in Sy.No.135, Ac.1.6150 cents in Sy.No.162/3, Ac.2.59 cents in Sy.No.176, Ac.1.32, cents in Sy.No.407/1, Ac.0.49 cents in Sy.No.432 of Rupanagudi Village fields, Uyyalawada Mandal, Kurnool District and the land in an extent of Ac.2.0850 cents in Sy.No.104, Ac.1.2450 cents in Sy.No.109, Ac.0.95 cents in Sy.No.135, Ac.1.6150 cents in Sy.No.162/3, Ac.2.59 cents in Sy.No.176, Ac.1.32 cents in 407/1, Ac.0.49 cents in Sy.No.432 of Rupanagudi Village fields Uyyalawada Mandal Kurnool District"

2. The petitioners are assailing the endorsement in L.Dis.A.69/2019, dated 10.09.2019, issued by the 4th respondent, the petitioners had submitted applications through Mee Seva bearing Nos.RMU011902463518 and RMU011902463401, dated 21.07.2019, for mutating their names in revenue records and in turn the applications were rejected by the 4th respondent, on the ground that some third parties are in possession of the land.

3. The petitioner further contended that the 4th respondent has to cause enquiry as per the procedure contemplated under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971(for short "the Act"), was not followed and issued the Endorsement in L.Dis.No.69/2019, dated 10.09.2019 though the revenue records and the Adangals clearly show that name of Musani Subbamma and Musani Lakshumma as pattadars and possessors of the land, which is arbitrary, illegal, contrary to the Act, apart from being voilative of fundamental rights guaranteed to them, under Articles 14, 19 and 21 of the Constitution of India.

4. During hearing, Sri P.V.N. Kiran Kumar, learned counsel for the petitioners vehemently contended that the endorsement did not disclose any reason for rejecting the request of petitioners to mutate the name of petitioners in respect of the subject land and the information obtained in Right to Information Act discloses that no details were available in the office, but the endorsement was issued without applying mind and requested to set aside the same.

5. Learned Assistant Government Pleader for Revenue submitted that an appeal lies under Section 5(5) of the Act before the Revenue Divisional Officer against the order passed by the Tahsildar, within a period of 60 days from the date of communication of such order and requested to relegate the petitioners to file an appeal as per the Act, approach proper authority under the statute and requested to dismiss the Writ Petition.

6. As seen from the material on record, the only ground urged by the learned counsel for the petitioners is that the endorsement in L.Dis.No.69/2019, dated 10.09.2019 is issued without assigning any

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reason as this contention is without any substance since the Tahsildar/ 4th respondent recorded reasons for declining to mutate the name of petitioners.

7. Therefore, the contention of the petitioners is without any merit, hence this Court cannot issue a Writ of Mandamus against the order impugned in the Writ Petition. However, the petitioners are at liberty to approach appropriate authority by way of filing appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Hence, I find no ground to declare the Endorsement in L.Dis.No.69/2019, dated 10.09.2019, as illegal and arbitrary, while exercising the jurisdiction under Article 226 of the Constitution of India, since the petitioners approached this Court without availing the statutory remedy under section 5 (5) of the Act, the Writ Petition deserves to be dismissed.

8. In the result, the Writ Petition is dismissed, at the stage of admission. There is no order as to costs.

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

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 07.09.2021 BSM

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.19497 OF 2021

Date: 07.09.2021

BSM