APHC010139482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7491/2025 Between: Kopparthi Jayaramulu @ Jayarami Reddy and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PHANI VISWANATH CHALLA 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: 7491/2025 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 more particularly respondent No.3 in issuing Show Cause Notice bearing R.C.A/nil/2025, dated 18.02.2025 and thereby seeking to resume the land admeasuring an extent of Ac.4.98 Cents in Sy.No.151-P of Umamaheshwarapuram Village, Kanigiri Mandal, Prakasam District as being illegal, arbitrary, Violative of Principles of Natural Justice, Violative of Articles 14, 19, 21 and 300-A and also contrary to the Provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and allied Rules and consequently Set aside the Show Cause Notice bearing R.C.A/nil/2025, dated 18.02.2025 and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that a notice dated 18.02.2025 was issued to the petitioners directing them to submit an explanation within fifteen days alleging that the petitioners have violated Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977. It is further stated that the petitioners alienated the subject land in favour of the transferees as mentioned in the schedule notice. He further submits that the issuance of notice itself is pre-determined and like an order. 3 Therefore, it cannot be a show-cause notice and it is liable to be set aside. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 25.03.2025, wherein it is stated as follows: “It is submitted that the father of the writ petitioners got more than Ac.5.00 cents of land at the time of assignment and he got D.K. Patta against the Government rules and he died and his sons are claiming this land. His father has got an extent of Ac.1.82 cents in Sy.No.106, an extent of Ac.5.25 cents in Sy.No.148/3, an extent of Ac.1.08 cents in Sy.No.45/3, an extent of Ac.1.67 cents in Sy.No.52 and an extent of Ac.0.94 cents in Sy.No.61 of Umamaheswarapuram Village (Ac.10.76 cents in addition to D.K. Patta land Ac.4.98 cents (2 to 3 lines). The father of the petitioners not entitled to get D.K. Patta as he got more than Ac.5.00 cents of land in the village. Hence, this land can be resumed in favour of the Government by following due process of law. Hence the request of the petitioners may kindly rejected at the admission stage.” 5. Learned Government Pleader for the respondents further submits that since the petitioners not submitted any explanation, the respondents are at liberty for proceeding further in accordance with law. 4 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, it is observed that the contention of the learned counsel for the petitioners that the finding of the respondents is pre-determined as if the petitioners already been transferred the subject property in favour of the third parties in violation of Section 3 of the Act, 1977. Therefore, the notice cannot be a show-cause notice and liable to be set aside is not valid and untenable for the reason that the notice is only indicates that there is a violation of Section 3 of the Act, 1977 and called for explanation by terming the notice as show cause notice. In view of the same, the petitioner is directed to submit explanation to the notice dated 18.02.2025 within a period of two(2) weeks from the date of receipt of copy of this Order. After such submission, the respondents are directed to consider the said explanation as per the provisions of the Act, 1977 and dispose of the same, within a reasonable time. Till completion of the entire exercise, the respondents are directed not to interfere with the peaceful possession and enjoyment of the property of the petitioners. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.03.2025 TTPPSS 6 220 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7491 of 2025 25.03.2025 TTPPSS