1 APHC010123442020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7596/2020 Between: Pentakota Hari Srinivasa Rao, and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following Order: Challenging the action of the respondent Nos.2 to 4 in interfering with the possession and enjoyment of the petitioners in their land admeasuring an extent of Ac.2.84 cents in Sy.No.16/IC of Sampathipuram village, Sampathipuram Grama Panchayat, Anakapalle Mandal, the instant writ petition is filed. 2. Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4. 2 3. It is contended that in order to assign house site pattas in respect of the subject land in favour of beneficiaries of the scheme viz. ‘Navaratnalu Pedalandariki Illu’, the respondents are interfering with the possession of the petitioners’ subject land. It is further contended that initially the father of first petitioner and husband of second petitioner i.e., late Appa Rao and one K.Babu Rao have purchased the subject land jointly through registered sale deed dated 29.08.1979 bearing document No.4239/1979 from one Lamba Appanna, subsequently, the said Babu Rao executed relinquishment deed in favour of Appa Rao, since then, the father of first petitioner and husband of second petitioner i.e., late Appa Rao has been in occupation of the subject land and has been raising crops. 4. On behalf of respondents, Counter affidavit has been filed. On perusal of the same it would reflect that the subject land was assigned in favour of one Lamba Appanna with a condition of non-alienation and the predecessors of the petitioners herein purchased the said land in violation to the provision of Section 3(2) of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). Therefore, the land in question is liable for resumption by the government by following due procedure. Since the land is liable for resumption, respondent No.4 would initiate proceedings as contemplated under the said Act. 5. Having regard to the same, the respondents are directed not to interfere with the possession of the petitioners’ land without following due procedure under law. If the respondents contemplate to take any action under the 3 provisions of said Act, the respondents shall provide sufficient opportunity to the petitioners, till passing of such orders if any, the possession of the petitioners shall not be disturbed. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 19.02.2025 sj 4 398 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7596/2020 Date: 19.02.2025 sj