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2025 DAILYLAW 12185 (AP)

Penagaluru Kanthamma, v. The State of Andhra Pradesh,

WP/7496/2025 · 2025-03-25

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

THE HIGH COURT OF ANDHRA PRADESH:.AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE >0 'PV o 1\\:3 PRESENT 'it THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7496 OF 2025 Between: Penagaluru Kanthamma, W/o. Subba Rayudu Cultivation, R/o. D.No. 10/26-1, Neelipalli Village Annamayya district, Andhra Pradesh, 516150. , aged 54 years, Occ- Nandalur Mandal. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi 2. The District Collector, Rayachoti, Annamayya district. 3. The Revenue Divisional Officer, Rajempeta 4. The Tahsildar, Nandalur Mandal, Annamayya district. 5. The Village Revenue Officer, Nagireddy Palli Village, Annamayya district. Guntur District. Annamayya district. Nandalur Mandal ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents especially Respondent No. 4 in issuing the impugned notice Ref.No.28/2025, dt.04.01.2025 as without jurisdiction, unlawful, illegal, arbitrary, violation of principals of natural justice, contrary to the A.P. Assigned Land (Prohibition of Transfers) Act, 1977 as amended and to the fundamental rights guaranteed under Article 14, 19 (1) (g), 21 and 300-A of the Constitution of India and consequently set aside the same. lA 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 Impugned notice with Ref.No.28/2025, dt.04.01.2025 pending disposal of the above writ petition. Counsel for the Petitioner: SRI ANCHA PANDURANGA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER % APHC010142872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] mi TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7496/2025 Between: ...PETITIONER Penagaluru Kanthamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ANCHA PANDURANGA 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: 7496/2025 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 Respondents especially Respondent No. 4 in issuing the impugned notice Ref No.28/2025, dated 04.01.2025 as without jurisdiction, unlawful, illegal, arbitrary, violation of principals of natural justice, contrary to the A.P. Assigned Land (Prohibition of Transfers) Act, 1977 as amended and to the fundamental rights guaranteed under Article 14, 19 (1) (g), 21 and 300-A of the Constitution of India and consequently set aside the same 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 land admeasuring to an extent of Ac.2.36 cents in Sy.No.1102/1, Patur Village, Nandalur Mandal, Kadapa District was assigned to one Smt.B.Rajamma by way of DKT patta. The petitioner purchased the subject land from the original assignee i.e., Smt.B.Rajamma in the year 2018. Since, then the petitioner has been in peaceful possession and enjoyment of the subject property. The petitioner also obtained pattadar passbook and the name of the petitionerwas th also entered in 1-B register. While things stood thus, the 4 respondent issued the impugned notice dated 04.01.2025 directing the petitioner to show cause on or before 18.04.2023 as to why the assignment should not be cancelled and the land be resumed to the Government. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents submits that if the petitioner submits her explanation, the respondents will consider the same and pass appropriate orders within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit her explanation to the respondents within a period of two(2) weeks from the date of receipt of copy of this Order. After receipt of the said explanation, the respondents are directed to consider the same and pass appropriate orders pursuant to the freehold proceedings issued by the competent authority under the provisions of the (Amendment) Act 35 of 2023, within a period of two(2) months thereafter. Till then, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. L 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, / Revenue 1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Rayachoti, Annamayya district. 3. The Revenue Divisional Officer, Rajempeta, Annamayya district. 4. The Tahsildar, Nandalur Mandal, Annamayya district. 5. The Village Revenue Officer; Nagireddy Palli Village, Nandalur Mandal, Annamayya district. 6. One CC to Sri Ancha Panduranga Rao Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies MBT HIGH COURT DATED:25/03/2025 ORDER WP.No.7496 of 2025 DISPOSING THE W.P WITHOUT COSTS