IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5930 OF 2025 Between: Janapareddy Eswar Rao, S/o Veera Raju, aged about 64 years, resident of Flat No. 56, Sri Padmavati Nilayam, Kanakamahalakshmi Nagar, Street No.4, Chodavaram Village and Mandal, Anankapalli District. ...Petitioner AND 1. The State of Andhra Pradesh, represented by its Principal Secretary, Revenue (Assignment) Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Anakapalli District, Anakapalli, 3. The Revenue Divisional Officer, Anakapalli. Anakapalli District. 4. The Tahasildar, Mudugula Mandal, Mudugula, Anakapalli District. 5. Perumalla Srinivasa Rao, S/o Sivaiah, aged about 65 years, resident of Modamamba Colony, Madugula Village and Mandal, Anakapalli District. 6. Perumalla Pidi Ratnam, S/o Sivaiah, aged about 65 years, resident of Modamamba Colony, Madugula Village and Mandal, Anakapalli District. 7. Pachamatia Subba Raju, S/o Rama Raju, aged about 65 years, resident of Modamamba Colony, Madugula Village and Mandal, Anakapalli District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the cifcufxistances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, or a direction, or a writ, more particularly in the nature of Writ of Mandamus declaring the action of the one 4th Respondent in issuing Form I and II notices in Rc.No.46/2025/SA/ Dt. 22/02/2025 under Rule 3 of the A.P. Assigned Lands (Prohibition Transfers) Rules, 2007 to the unofficial Respondent No.5 and petitioner in respect of Ac.5.00 cents of land in Sy.No. 481/3 of Sankaram village of Madugula Mandal of Anakapalli District covered by D. Patta bearing DR.No.17/90, dated 01.06.1981 in issuing Form I and II notices in Rc.No.46/2025/S/VDt. 22/02/2025 under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 to the unofficial Respondent No.6 and to the petitioner in respect of Ac.5.00 cents of land in Sy.No. 481/2 of Sankaram village of Madugula Mandal of Anakapalli District covered by D. Patta bearing DR.No.16/90, dated 01.06.198 and in issuing Form I and II notices in Rc.No.46/2025/SA/Dt. 22/02/2025 under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 to the unofficial Respondent No.7 and to the petitioner in respect of Ac.5.00 cents of land in Sy.No. 481/2 of Sankaram village of Madugula Mandal of Anakapalli District covered by D. Patta bearing DR.No.18/90, dated 01.06.1981 (Khata No.108) as illegal, arbitrary and against the provisions of Clauses (i) and (ii) of Sub- Section (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended by the Amendment Act of 2023(Act 35 of 2023), G.O. Ms. No. 596, Revenue (Lands.l) Department, Dated 19.12.2023 and the newly substituted Rules 7 and 8 of the Andhra Pradesh of to the Assigned Lands (Prohibition of Transfers) Rules, 2007 as amended by G.O.Ms. No. 23, Revenue (Lands.l) Department, Dated 19.01.2024, and to consequently quash the said notices in Forms I and II issued by the 4th Respondent under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007. [A 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 suspend the notices issued by the 4 Respondent in Forms I and II in Rc.No.46/2025/SA/Dt; 22/02/2025 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 to the unofficial Respondent No.5 and to the petitioner in respect of Ac.5.00 cents of land in Sy.No. 481/3 of Sankaram village of Madugula Mandal of Anakapalli District covered by D. Patta bearing DR.No. 17/90, dated 01.06.1981; in Forms I and II in Rc.No.46/2025/SA/Dt: 22/02/2025 under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 to the unofficial Respondent No.6 and to the petitioner in respect of Ac.5.00 cents of land in Sy.No. 481/2 of Sankaram village of Madugula Mandal of Anakapalli District covered by D. Patta bearing DR.No. 16/90, dated 01.06.198; and in Forms I and II in Rc.No.46/2025/SA/Dt: 22/02/2025 under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 to the unofficial Respondent No.7 and to the petitioner in respect of Ac.5.00 cents of land in Sy.No. 481/2 of Sankaram village of Madugula Mandal of Anakapalli District covered by D. Patta bearing DR.No. 18/90, dated 01.06.1981 (Khata No. 108) pending disposal of the main writ petition. Counsel for the Petitioner: SRI. KALEEMULLA S Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order: APHC010113672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5930/2025 Between: Janapareddy Eswar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KALEEMULLAS Counsel for the Respondent(S): 1.GP FOR REVENUE 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 an order or a direction or a writ more particularly one in the nature of Writ of Mandamus declaring the action of the 4**^ Respondent in issuing Form I and II notices in Rc.No 46/2025/SA/Dt.22/02/2025 under Rule 3 of the A.P Assigned Lands Prohibition of Transfers Rules 2007 to the unofficial Respondent No 5 and to the petitioner in respect of Ac.5.00 cents of land in Sy. No. 481/3 of Sankaram village of Madugula Mandal of Anakapalli District covered by D Patta bearing DR No 17/90 dated 01 06 1981 in issuing I and II notices in Rc No 46/2025/SA/Dt 22/02/2025 Rule 3 of the A P Assigned Lands Prohibition of Form under Transfers Rules 2007 to the unofficial Respondent No 6 and to the petitioner in respect of Ac 5 00 cents of land in Sy No 481/2 of Sankaram village of Madugula Mandal of Anakapalli District covered by D Patta bearing DR No 16/90 dated 01 06 198 and in issuing Form I and II notices in Rc No 46/2025/SA/Dt 22/02/2025 under Rule 3 of the A P Assigned Lands Prohibition of Transfers Rules 2007 to the unofficial Respondent No 7 and to the petitioner in respect of Ac 5 00 cents of land in Sy No 481/2 of Sankaram village of Madugula Mandal of Anakapalli District covered by D Patta bearing DR No 18/90 dated 01 06 1981 Khata No 108 as illegal arbitrary and against the provisions of Clauses i and ii of Sub Section 2 of Section 3 of the Andhra Pradesh Assigned Lands Prohibition of Transfers Act 1977 as amended by the Amendment Act of 2023 Act 35 of 2023, G.O.Ms.No 596 Revenue Lands I Department Dated 19 12 2023 and the newly substituted Rules 7 and 8 of the Andhra Pradesh Assigned Lands Prohibition of Transfers Rules 2007 as amended by G O Ms No 23 Revenue Lands I Department Dated 19 01 2024 and to consequently quash the said notices in Forms I and II issued by the 4th Respondent under Rule 3 of the Andhra Pradesh Assigned Lands Prohibition of Transfers Rules 2007 and to pass such other order or orders...” 2. The case of the petitioner is that, the petitioner is a third party who entered into an agreement with the unofficial respondent Nos. 5 to 7, who are the original assignees of the land in Survey Nos. 481/3, 481/2, and 481/1 of Sankaram Village, Madugula Mandal, Anakapalli District. The learned counsel for the petitioner submits that, pursuant to Act 35 of 2023, under which Section 2 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, was amended wherein it states that persons who were assigned land on or before 2003 are entitled to make an application to obtain free-hold rights in respect of the subject land in their favor. In furtherance of this, the Government issued G.O. Ms. No. 596 dated 19.12.2023, formulating the procedure and rules for sanctioning free-hold rights in favor of assignees whose land was assigned on or before 2003 and who completed continuous possession of 20 years. Pursuant to Act 35 of 2023 and G.O. Ms. No. 596 dated 19.12.2023, the petitioner entered into an agreement of sale also regarding the subject land, admeasuring to an extent of Ac.15.00 cents, in Survey Nos. 481/3, 481/2, and 481/1 of Sankaram Village, Madugula Mandal, Anakapalli District, with the unofficial respondent Nos. 5 to 7. However, the respondents are not allowing the unofficial respondents to obtain free-hold rights, thereby preventing the execution of the sale deed in favor of the petitioner. 3. The learned Government Pleader appearing for the respondents relied upon the judgment of this Court in W.P. No. 13185 of 2024 dated 10.07.2024, wherein this Court directed for consideration of the petitioner’s claim therein. 4. The learned Government Pleader submits that the facts in the 5. present case are similar to those in the aforementioned case. He further submits that on 01.07.2024, respondent No.1 issued a circular dated 10.08.2024, directing the concerned revenue authorities not to give effect to G.O. Ms. No. 596 dated 19.12.2023 until further policy is to be adopted. He also further submits that the subject agreement between the 6. petitioner and unofficial respondent Nos. 5 to 7, in the absence of granting free-hold rights pursuant to Act 35 of 2023 and G.O. Ms. No. 596 dated cannot be 19.12.2023 by the concerned district-level committee considered as valid. Therefore, respondent Nos. 5 to 7 cannot be permitted to enter into the said agreement of sale. Consequently, the petitioner cannot claim any legal right under the subject agreement, in the absence of any express grant of free-hold rights in favor of the unofficial respondents. He further submits that respondent No.4 issued Form-1 and Form-ll 7. notices to the petitioner and the unofficial respondents, alleging that both parties had violated the conditions of the assignment patta. As per Rule 3 of the A.P. Assigned Lands Rules, 2007, if the petitioner submits an explanation, the respondents will follow the due procedure as contemplated under the law. Heard the learned counsel for the petitioner and the learned 8. Government Pleader for Revenue appearing for the respondents. -••s.. % r- Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and on perusal of the material available on record, it is observed that respondent No.1 enacted Act 35 of 2023, under which Section 2 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, was amended to achieve an object of to grant of free-hold rights to original assignees who were granted assignments on or before 2003. In order to achieve the objectives of Act 35 of 2023, the State Government also 9. issued as per G.O. Ms. No. 596 dated 19.12.2023. As per Act 35 of 2023 and G.O. Ms. No. 596, an original assignee who is entitled for free-hold rights has to submit an application to the District Level Committee constituted under G.O. Ms. No. 596 for obtaining free-hold rights or a No Objection Certificate (NOC) for the alienation of the assigned land in favor of any third party. Admittedly, in the present case, the petitioner has not obtained any free-hold rights as required under Act 35 of 2023 and G.O. Ms. No. 596. Without obtaining prior permission or an NOC, the unofficial respondents have entered into an agreement of sale with the petitioner, which is contrary to the statutory procedure laid down under G.O. Ms. No. 596. Furthermore, in light of the issuance of the circular dated 10.08.2024, 10. ) challenging the procedure issued in G.O. Ms. No. 596, the granting of free hold rights pursuant to Act 35 of 2023 may not take place until the issue is decided either by the Court or by respondent No.1. It is further observed that, in the absence of any free-hold rights, the 11. agreement entered into between the unofficial respondent Nos. 5 to 7 and the petitioner is contrary to the provisions of Act 9 of 1977 as well as act of 35 of 2023. Accordingly, Form-I and Form-ll notices were already issued to both the petitioner and the unofficial respondent Nos.5 to 7, directing them to submit their explanations or objections. Therefore, the petitioner and the unofficial respondent Nos.5 to 7 are directed to submit a detailed explanation in pursuant to the Form-I and Form-ll notices within 15 days from the date of receipt of copy of this order. Upon receipt of such explanations, respondent No.4 shall consider the same and after providing an opportunity of hearing to the petitioner and unofficial respondent Nos. 5 to 7, and pass a speaking order with reference to Act 35 of 2023, G.O. Ms. No. 596 dated 19.12.2023, and the circular dated 10.08.2024. Till then. both parties are directed to maintain the status quo obtaining as on today in respect of the subject property. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- P.U.V. BHASKAR RAO ASSISTANT REGI^RAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue (Assignment) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. m ,r 2. The District Collector, Anakapalli District, Anakapalli, 3. The Revenue Divisional Officer, Anakapalli. Anakapalli District. 4. The Tahasildar, Mudugula Mandal, Mudugula, Anakapalli District. 5. One CC to Sri. Kaleemulla S Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC * V HIGH COURT DATED:11/03/2025 ORDER WP.No.5930 of 2025 S 03APR 2025 ^ Current Section . DISPOSING OF THE WP WITHOUT COSTS