7<. 0 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAfOTI (Special Original Jurisdiction) ' ' THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE V loM PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5718 OF 2025 Between: Notia Tatabbai, S/o. Notia Polayya, Aged about 63 years, Occ; Agriculture R/o. Pydipala Village, Makavarapalem Mandal, Anakapalli District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli, Anakapalli District. 3. The Revenue Divisional Officer, Anakapalli, Anakapalli District. 4. The Tahsildar, Makavarapalem, Anakapalli District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the respondents in forcibly attempting to dispossess the petitioner from the land in Sy.No.646/2 to an extent of Ac.4-10 Cents situated at Pydipala Village, Makavarapalem Mandal, Anakapalli District, Without issuing any notice or without following any due procedure of law, trying to cancel the D-Patta.No. 1338 dated 30.11.1990 and trying to allot in favour of third parties under beneficiary scheme is illegal and arbitrary and consequently direct the respondents not to dispossess the petitioner from their above respective subject land. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioner from his respective land in Sy.No.646/2 to an extent of Ac.4-10 Cents situated at Pydipala Village, Makavarapalem Mandal, Anakapalli District, pending disposal of this writ petition. Counsel for the Petitioner: SRI PAMARTHI KAMESWARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER r APHC010114682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5718/2025 Between: ...PETITIONER Notla Tatabbai AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PAMARTHI KAMESWARA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5718/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in forcibly attempting to dispossess the petitioner from the land in Sy.No. 646/2 to an extent of Ac.4.10 Cents situated at Pydipala Village, Makavarapalem Mandal, Anakapalli District, without issuing any notice or without following any due procedure of law, trying to cancel the D-Patta No. 1338 dated 30.11.1990 and trying to allot in favour of third parties under beneficiary scheme is illegal and arbitrary and consequently direct the respondents not to dispossess the petitioner from their above respective subject land and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner was assigned with the land admeasuring to an extent of Ac.4.10 cents in Sy.No.646/2 situated at Pydipala Village, Makavarapalem Mandal, Anakapalli District by way of DKT patta dated 30.11.1990. Since then, the petitioner has been in peaceful possession and enjoyment of the same. Without considering the same, the respondents issued Form-1 notice on 12.01.2025 alleging that the petitioner violated the conditions of the DKT patta and sought for resumption. For which, the petitioner submitted his 3 explanation dated 25.01.2025. But without considering the same, the respondents are trying to evict the petitioner. Hence, the Writ petition. 4. On the other hand, learned Government Pleader for the respondents submits that the since the petitioner submitted explanation pursuant to the form-1 notice issued by the respondents. the same will be considered and pass appropriate orders in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, it is observed that the respondents shall issue Form-1 notice not only to the petitioner but also to the transferees (purchasers) and further the respondents shall issue Form-ll notice to the petitioner as well as to the transferees, without complying the same, they cannot proceed further. Therefore, the respondents are directed to issue Form-1 notice to the petitioner as well as to the transferee(purchaser). On receipt of such Form-1 notice, the petitioner shall submit his explanation afresh to the respondents within a period of two(2) weeks from the date of receipt of the Form- 1 notice and the respondents shall consider the same and pass orders in accordance with law, within a period of three(3) months thereafter. Till then, the respondents are directed not to evict the petitioner from the subject land. 4 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M SRiNIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velaqapudi Amaravathi, Guntur District. 2. The District Collector, Anakapalli, Anakapalli District. 3. The Revenue Divisional Officer, Anakapalli, Anakapalli District. 4. The Tahsildar, Makavarapalem, Anakapalli District. 5. One CC to Sri Pamarthi Kameswara Rao Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED:06/03/2025 TL ORDER WP.No.5718 of 2025 ANDH^ fe 0 3 APR 2ll?5 ^ Current Section DISPOSING OF THE W.P., WITHOUT COSTS