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2025 DAILYLAW 14893 (AP)

G. Sanni Babu @ Sanyasi, v. The State of Andhra Pradesh,

WP/9518/2025 · 2025-04-10

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9518 OF 2025 Between: G. Sanni Babu @ Sanyasi, S/o Mutyalu, Aged about 75 years, Residing at D.no. 1-62, Ramvaram Village, Anandapuram Mandal, Visakliapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur Dist, A.P. The District Collector cum District Magistrate, Visakhapatnam District. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Ramvaram Village, Anandapuram Mandal, Visakhapatnam District. The Tahsildar, Ramvaram Village, Anandapuram Mandal, Visakhapatnam District. 2. 3. 4. ...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 an Order, direction, proceedings or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no. 4 in issuing Form-1 in Rc. No. 09/2025/A dt. 29.03.2025 in describing it to be a notice under rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 in respect of the petitioner land in Sy.no. 140/4 to an extent of Ac. 0.22 cents situated at Ramvaram Village, Anandapuram Mandal, Visakhapatnam District as being illegal, arbitrary, without jurisdiction and contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 and A.P. Assigned Lands (Prohibition of Transfer) Rules, 2007 and in violation of Article 14, 21 and 3 00-A of Constitution of India and consequently a) to set-aside the Form-1 in Rc. No. 09/2025/A dt. 29.03.2025 issued by the respondent no. 4 and b) to declare that the above mentioned property of the petitioner is not liable to deal or interfered with by the respondents under the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 and A.P. Assigned Lands (Prohibition of Transfer) Rules, 2007. 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 stay the Form-1 in Rc. No. 09/2025/A dt. 29.03.2025 in describing it to be a notice under rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 in respect of the petitioner land in Sy.no. 140/4 to an extent of Ac. 0.22 cents situated at Ramvaram Village, Anandapuram Mandal, Visakhapatnam District issued by the respondent no. 4, pending disposal of the writ petition. Counsel for the Petitioner: M/s BANDI PRAVEENA Counsel for the Respondents; GP FOR REVENUE The Court made the following order; T APHC010187082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HEP Hffi^ [3329] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9518/2025 Between; ...PETITIONER G. Sanni Babu @ Sanyasi, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BANDI PRAVEENA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9518/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue an Order, direction proceedings or Writ more particularly one In the nature of Writ of Mandamus declaring the action of the respondent No. 4 in issuing Form-1 In Rc.No.09/2025/A dt.29.03.2025 in describing it to be a notice under rule 3 of the A.RAssigned Lands (Probibitlon of Transfers) Rules, 2007 in respect of the petitioner land in Sy.No. 140/4 to an extent of Ac.0.22 cents situated at Ramvaram Village, Anandapuram Mandal, VIsakhapatnam District as being Illegal, arbitrary, without jurisdiction and contrary to the provisions of A.RAssigned Lands Rrohibition of Transfer Act, 1977 and A.RAssigned Lands Rrohibition of Transfer Rules, 2007 and in violation of Article 14, 21 and 300-A of Constitution of India and consequently a) to set aside the Form-1 in Rc.No.09/2025/A dt.29.03.2025 issued by the respondent no.4 and b) to declare that the above mentioned property of the petitioner is not liable to deal or Interfered with by the respondents under the provisions of A.RAssigned Lands Rrohibition of Transfer Act, 1977 and A.RAssigned Lands Rrohibition of Transfer Rules, 2007 and pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.22 cents in Sy.No.140/4 situated at Ramavaram Village, Anandapuram Mandal, Visakhapatnam District having acquired the said land by way of an assignment patta on 20.06.1995. Since the date of assignment, the petitioner has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from any quarter. While so, in the year 2021, the respondents herein tried to dispossess the petitioner from the subject property, for which, the petitioner herein filed a writ petition i.e., W.P.No,1233 of 2021, wherein this Court was pleased to pass an interim direction directing the respondents not to dispossess the petitioner from the subject property. Thereafter, the petitioner herein filed another writ petition i.e., W.P.No.25824 of 2024 seeking for conducting survey and demarcation of the land of the petitioner by fixing the boundaries in respect of the subject property, wherein, this Hon’ble Court directed the petitioner to file an appropriate F-line application seeking same. As such, the petitioner herein filed an F-line application as directed. Even after receipt of such application, the respondents did not choose to consider the said application. Flence, the writ petition. 3. While things stood thus, respondent No.4 herein issued notices in Form-1 and Form-ll dated 29.03.2025 under Rule 3 of the A.P.Assigned Lands (Prohibition of Transfers) Rules, 2007 alleging that the petitioner has transferred the said'assigned land to one Gurla Trinadh S/o.Demudu by way 4. of transfer of enjoyment under un-registered sale transaction, in contravention of the Act and liable to be resumed to Government for violation of the Act and further directed the petitioner and Sri Gural Trinadh to submit their explanations to the notices within fifteen days from the date of receipt of the said notices. In fact, the petitioner herein neither transferred the subject land to any Gurla Trinadh nor sold away the property. Aggrieved by the action of the respondents in issuing notices and not considering the F-line application submitted by the petitioner, the petitioner herein filed the present writ petition. 5. On the other hand, learned Government Pleader appearing for the respondents submits that since notices in Form-1 & II dated 29.03.2025 were issued to the petitioner, directing him to submit his explanation within fifteen days, let there be a direction to the petitioner to submit his explanation to the notices dated 29.03.2025 and on receipt of such explanation, the respondents would consider the same and pass appropriate orders, in accordance with 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 petitioner herein to submit his explanation to the notices dated 29.03.2025 within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondents are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to the petitioner as well as other stake holders if any, in accordance with law, within a period of Till then, respondent No.4 herein is directed to two (02) months, thereafter, maintain status quo obtaining as on today in respect of the petitioner’s possession over the subject property. With the above directions, the writ petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- A. VENUGOPALA RAO assistant registrar fec-^OFFlCER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, GunturDist, A.P. 2. The District Collector cum District Magistrate, Visakhapatnam District. 3. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Ramvaram Village, Anandapuram Mandal, Visakhapatnam District. 4. The Tahsildar, Ramvaram Village, Anandapuram Mandal, Visakhapatnam District. 5. One CC to Sri. Bandi Praveena Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED;10/04/2025 ORDER WP.No.9518 of 2025 I (12 M*.Y M75 ^ Current Section 4D DISPOSING THE WP WITHOUT COSTS