Extracted from the PDF above. The PDF is authoritative.
a 4 ■ APHC010248182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13717 OF 2Q2fi Between: Jalla Badrinadh, S/o. J.Thirumala Rao, aged about 38 Village, Bantumilli Mandal, Krishna District. years, R/o.Chorampudi ...PETITIONER AND
1. The State of Andhra Pradesh, Through the Principal Secretary Department of Revenue, Secretariat, Velagapudi, Amaravati District. 2. The District Collector, Krishna District, Chilakalapudi Krishna District. 3. The Revenue Divisionai Officer, Machilipafnam Revenue Division Machilipatnam, Krishna District. 4. The Tahsildar, Bantumilli Mandal, Bantumilli
5. The Village Revenue Officer, Chorampudi, Bantumilli Mandal District. 6. VNagamani.W/o.Narasimha Rao, aged Major, R/o Chorampudi, Bantumilli Mandal, Krishna District. Guntur Machilipatnam, Krishna District. Krishna ...RESPONDENTS of India praying that in the the High Court may be appropriate Writ, Order or direction more particularly one Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue an
1 in the nature of Writ of MANDAMUS declaring the action of the official respondent in issuing the Notice bearing Rc.B/219/2024 dt 23-04-2025 by the 4 Respondent calling up on the Petitioner to submit explanation as transferor under See.3 of AP Assigned Lands (Prohibition of Transfer) Act, 1977 and 2007 made there under as arbitrary, illegal and violative of mandate provisions of Act and consequently set aside the Notice bearing Rc.B/219/2024 dt 23-04-2025 issued by the 4^^ Respondent. 4he '■ *.. 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 grant stay of all proceedings pursuant to the notice dt;23-04-2025 including the dispossession of the Petitioner from the land of an extent of Ac.1- 25 cents in R.S. No.820/1, Ae.0-35 cents in R.S. No.820/3, Ac.0-47 cents in R.S. No.819/11 and Ac.0-48 cents in R.S. No.819/15 of Chorampudi Village, Bantumilli Mandal, Krishna District, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI SAI GANGADHAR CHAMARTY Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI YASWANTH GADE The Court made the following: ORDER
1 APHC010248182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0^:5 f MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13717/2025 Between: ...PETITIONER Jalla Badrinadh AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner:
1.SAi GANGADHAR CHAMARTY Counsel for the Respondent(S):
1.GP FOR REVENUE 2.YASWANTH GADE The Court made the following:
2 I;
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:13717 of 2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“..pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the official respondent in issuing the Notice bearing Rc.B/219/2024, dt 23.04.2025 by the Respondent calling up on the Petitioner to submit explanation as transferorunder Section 3 of AP AssignedLands Prohibition of Transfer Act, 1977 and the Rules, 2007 made there under arbitrary. Illegal and violative of mandate provisions of Act and conseguently set aside the Notice bearing Rc.B/219/2024 dt 23.04.2025 Issued by the 4^'’ Respondent and pass....” as
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. The
learned counsel for the petitioner submits that the 4*" respondent has issued notice in Form-ll, dated 23.04.2025 directing the petitioner to show-cause within fifteen (15) days from the date of receipt of the notice as to why he should not be summarily evicted from the assigned lands. He further submits that Form-l and Form-ll notices were issued by the 4 respondent do not contain the date of transfer and the nature of the transfer
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fcu and other particulars as contemplated under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). Hence, the impugned Form-I and Form-ll notices issued by the 4 are liable to be set aside. respondent
4. On perusal of the Form-I notice annexed to the Act clearly indicates the column mentioning details and date of patta certificate issued. But in respect of the Form-ll notice they are columns in respect of description of the land assignee and the name of the transferor. In the Form-I notice which was issued to the original assignee, the particulars of the land as the nature of the patta was mentioned. Similarly, Form-ll which in favour of the petitioner indicates the particulars of the land as well was issued as well as the nature of the patta. Even as per the Form-ll annexed to the Act, the particulars of the land, description of the land and assignee and the name of the transferor should be indicated. Therefore, Form-ll notice which is impugned in the present writ petition is in accordance with the Form-ll annexed to the Act. As far as Form-I notice is concerned, it was issued in favour of the original assignee. Therefore, any lacuna in Form-I notice is no way concerned with the petitioner in the present writ petition who is a transferee. Further, the petitioner did not challenge the Form-I notice in the present Writ Petition. Hence, the claim of the petitioner is not considered for setting aside the Form-1 and Form-ll notices issued by the 4'*^ respondent, dated 23.04.2025. However, since the petitioner requested time for submission of the explanation
4 to the said Form-ll notice issued by the 4 Court is of the opinion that the present Writ Petition can be disposed of. th respondent, dated 23.04.2025, this ►
5. Accordingly, the petitioner herein is
directed to submit explanation to the Form-ll notice issued by the 4 th respondent vide Rc.B/219/2024, dated 23.04.2025 within a period of four (04) weeks from the date of receipt of a copy of this order. On such submission, the 4 respondent is directed to consider the same and pass appropriate orders in accordance with law within a period of two (02) months thereafter after providing opportunity of hearing to the petitioner as well as to other stake holders, if any. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. th With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
6. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTF^R //TRUE COPY// N OFFICER SE To,
1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati Guntur District. The District Collector, Krishna District, Chilakalapudi, Machilipatnam, Krishna District. The Revenue Divisional Officer, Machilipatnam Revenue Division Machilipatnam, Krishna District. The Tahsildar, Bantumilli Mandal, Bantumilli, Krishna District. The Village Revenue Officer, Chorampudi, Bantumilli Mandal Krishna District. One CC to Sri Sai Gangadhar Chamarty, Advocate [OPUC] One CC to Sri Yaswanth Gade, Advocate [OPUC] Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] Three CD Copies.
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HIGH COURT DATED:16/06/2025
ORDER WP No.13717of2025 € ^ 0 5 JUL 2025 rrentSectiooXw o» DISPOSING OF THE W.P. WITHOUT COSTS