IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8376 OF 2020 Between: 1. Smt. Taddi Mahalakshmi, s/o. Late Ranga Rao Aged about 53 years, Occ; House wife, R/o. Agraharam Street, Belagam within Parvathipuram Municipality, Parvathipuram Town, Vizianagaram District. 2. Smt. Reddi Seetha, D/o. Rama Rao Aged about 50 years, Occ: House wife, R/o. Belagam within Parvathipuram Municipality, Parvathipuram Town, Vizianagaram District - ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Vizianagaram, Vizinagaram District. 3. The Revenue Divisional Officer, Parvathipuram, Vizianagaram District. 4. The Tahsildar, Paravathipuram Mandal, Vizianagaram 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 order or direction, more particularly one in the nature of writ of Mandamus, declaring the high handed action of the respondents 2 to 5 in trying to assign the petitioners landed property in favour of third parties as house site pattas an extent of Ac.1.61 cents of J land in Sy.No.619/1 in S.N.Puram Revenue Village, Parvathipuram Mandal, Vizianagaram District is arbitrary, bad and illegal and contrary to the law and violation of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977 as amended by Act, 11 of 2019 and also violation of provisions of Act 30 of 2013 or G.O.Ms.No.259 Dt. 21.06.2016 and also existing G.Os and Articles 14,16, 21 and 300-A of the Constitution of India, in the interest of Justice. lA NO: 1 OF 2020 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 dispossessing the petitioner by assigning the petitioners Zeroyathi patta land to the third parties as house site pattas an extent of Ac. 1.61 cents of land in Sy.No.619/1 in S.N.Puram Revenue Village, Parvathipuram Mandal, Vizianagaram District, pending disposal of the writ petition. lA NO: 2 OF 2020 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. * 2. The District Collector, Vizianagaram, Vizinagaram District. 3. The Revenue Divisional Officer, Parvathipuram, Vizianagaram District. 4. The Tahsildar, Paravathipuram Mandal, Vizianagaram District. ...PETITIONERS/RESPONDENTS AND 1. Taddi Mahalakshmi, s/o. Late Ranga Rao Aged about 53 years, R/o. Agraharam Street, Belagam within Parvathipuram Municipality, Parvathipuram Town, Vizianagaram District. r 2. Reddi Seetha, D/o. Rama Rao Aged about 50 years, R/o. Belagam within Parvathipuram Municipality, Parvathipuram Town, Vizianagaram District ...RESPONDENTS/PETITIONERS 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 vacate the interim order dated 01.05.2020 passed in WP.No.8376 of 2020. Counsel for the Petitioner: SRI DASARI S VV S V PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER #• ) J APHC010139342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8376/2020 Between: ...PETITIONER{S) Taddi Mahalakshmi and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. DASARI S VV S V PRASAD Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: ORDER:- Heard Sri Dasari S.VV.S.VPrasad, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. Challenging the action of the respondents in attempting to assign the petitioners’ landed property in favour of the third parties as house site pattas, which is an extent of Ac.1.61 cents of land in Sy.No.619/1 in S.N.Puram Revenue Village, Parvathipuram Mandal, Vizianagaram District, 2. the present writ petition is filed. 2 It is contended that the petitioners’ father was assigned with 3. D-Form patta, in respect of the subject property. It is contended that the petitioners’ father after the assignment that was made in his favour, brought the said land into cultivation and had lived on agriculture. Recognizing his title and possession the Revenue Officials issued pattadar pass books and title deed in the name of the petitioners’ father. It is further stated that during his life time, he had executed a gift deed dated 15.07.1965 in favour of petitioners’ mother and her name was accordingly mutated in the revenue records. It is stated that the mother of the petitioners executed a will on 31.08.1981 and she died on 01.11.1989 by virtue of the Will, the petitioners have inherited the subject property. It is contended that the Revenue Officials have unauthorizedly entered into the subject land and threatened the petitioners to vacate the same in order to assign the same in favour of the beneficiaries of the scheme viz., Navaratnalu - Pedalandariki lllu. The 4*^ respondent filed counter affidavit stating that the father of 4. the petitioners was assigned land vide D-Form Patta, however, the assignment that was made in favour of the petitioners’ father was cancelled and the said land was resumed since the petitioners’ father has not brought the land into cultivation. Therefore, the said lands have been identified for the housing scheme at the relevant point of time wz., Rajiv Gruhakalpa. Since the lands would belong to the Government, the subject land was proposed for issuance of house site pattas, thus prays for dismissal of the writ petition. 3 J From the perusal of the record, it is noted that the petitioners’ Father, during his lifetime, executed a gift deed in favour of the petitioners’ 5. mother, and on 15.07.1965 and thereafter he died; in the said situation, the order of the resumption, which is stated to have been passed in 2001, is against a dead person, without issuing notice to the petitioners, who have succeeded the same by way of inheritance. Since it is not even the case of 3 ‘ the respondents that the said order of resumption was passed after issuing the notice to the legal heirs of the assignee, no such averment is pleaded in the counter affidavit. No material is placed before the Court, in support of the contention that the order of resumption was passed after issuing notice either to the assignee or the petitioners being legal heirs of the assignee. 6. In that view of the matter, this Court is of the view that the Government cannot rely upon the alleged order of the resumption against the petitioners. It is further noted from the counter that nowhere has been stated that the prescribed procedure for cancellation of D-Form patta, as provided under Section 4 A (1) of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and Rules 2007, has been followed. 7. In that view of the matter, under the guise of the so-called resumption order, the respondents cannot assign the house site pattas in respect of the subject land in favour of the third parties to the detriment of the petitioners. V 4 The writ petition is accordingly disposed of, directing the 8. respondents not to assign house site pattas in respect of the subject land. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR :) //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Vizianagaram, Vizinagaram District. 3. The Revenue Divisional Officer, Parvathipuram, Vizianagaram District. 4. The Tahsildar, Paravathipuram Mandal, Vizianagaram District. 5. One CC to Sri Dasari S V V S V Prasad Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD'Copies TF f —^ HIGH COURT DATED:21/01/2025 ORDER WP.No.8376 of 2020 O'^ FEB 2125 ^ Curreni aecuon ^ XjoesPATOW^^^ DISPOSING OF THE W.P., WITHOUT COSTS