APHC010155412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8198/2025 Between: Karatapu Rahelamma, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT 2. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8198/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents for not completing and restoration of the land in survey No.469/1 an extent of Ac.3.00 cents and Sy.No.469/2, an extent of Ac.0.43 cents, situated in Sankavaram Village, Kanigiri Mandal, Prakasam District under Andhra Pradesh Assigned Lands Prohibition of Transfers Act, 1977 despite notice issued under Form-1 dt.07.02.2025 is illegal, arbitrary and violation of articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the 4th respondent to restore the possession of the petitioner with regard to subject land in Sy.No.469/1 of an extent of Ac.3.00 cents and Sy.No.469/2 of an extent of Ac.0.43 cents situated at Sankavaram Village, Kanigiri Mandal, Prakasam District and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioner herein is that the petitioner is possessor and pattadar of the land in survey No.469/1 to an extent of Ac.3.00 cents and Sy.No.469/2 to an extent of Ac.0.43 cents, situated at Sankavaram Village, Kanigiri Mandal, Prakasam District having acquired the same through assignment patta granted in favour of the petitioner in the year 1971. While so, without considering the patta granted in favour of the petitioner, respondents issued notice in Form-I on 07.02.2025 alleging that the petitioner herein encroached the subject property. For which, the petitioner herein submitted a detailed explanation on 14.02.2025. But, without considering the said explanation and without considering the report submitted by the petitioner, the respondents are proceeding further to dispossess the petitioner from the subject property. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. On the other hand, learned government Pleader for the respondents, furnished written instructions dated 31.03.2025 issued by respondent No.4. The relevant portion of the said instructions is extracted hereunder: “It is respectfully submit that the village Revenue Officer, Sankavaram Village who enquired into the matter has reported that the Sy.No.469 full extent is Ac.3.43 cents and classified as dotted land as per RSR of Sankavaram Village. As per 1A Register, an extent of Ac.3.63 cents in Sy.No.469/1 of Sankavaram Village, the name of Karatapu Ankaiah has been rounded off, the name of Talluri Chinnaiah has been entered. As per web land record, the name of Talluri Chinnaiah is recorded vide Khata No.2067 at present Sri Talluri Chinnaiah is cultivating the land and mango trees on ground in this land and in this case, POT Act attracts and take necessary action in the matter. The Tahsildar, Kangiri has issued notices in Form No.1 was issued under POT Act to the assignee on 07.02.2025 to submit their explanation for taking further action in the matter. As per explanation submitted by the writ petitioner, further action will be taken as per record available in the office and record submitted by the writ petitioner by following due process of law.” 5. On perusal of the written instructions, it is evident that on 07.02.2025, respondent No.4 issued notice in Form-I under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 to the petitioner directing the petitioner to submit her explanation for taking further action in the matter. As per the explanation submitted by the petitioner, further action will be taken as per record available in the office and record submitted by the writ petitioner, by following due process of law. 6. Having regard to the submissions made by the learned counsel for the petitioner and learned government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the 4th respondent to complete the entire enquiry by considering the explanation dated 14.02.2025 submitted by the petitioner pursuant to the notice dated 07.02.2025, after providing opportunity of hearing to the petitioner as well as other stake holders, if any, including unofficial respondents herein, and pass appropriate orders, in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 01.04.2025 BSP 07 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.8198 of 2025 01.04.2025 BSP