APHC010290022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) St. THURSDAY.THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE • '*/. >yd '/i PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14569 OF 2025 Between: 1. Smt. Shaik Khadar Bee, W/o. Shaik Mahaboob Peera, Aged about 49 years, Occ. Agriculture, R/o. D. No. 8/6, Nakkalavandlapalli, Nooliveedu Village, Nuiiveedu Mandal, Kadapa District, Andbra Pradesb-516267. 2. Shaik Jafar Bee, W/o. Shaik Budden Sab, Aged about 58 years, Occ. Agriculture, R/o.Door No. 15/02, lasapa, Nooliveedu Nuiiveedu, Cuddapab, Andbra Pradesby^ ...PETITIONERS AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District, Rayachoty 3. The Revenue Divisional Officer, Galiveedu Revenue Division, Galiveedu, Annamayya District. 4. The Tahsildar, Galiveedu Mandal, Annamayya District ...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 appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the proceedings in Ref.No.C/515/2025 , date 03.06.2025 issued by the respondent No.4 in relation to the land in an extent of Ac.5.24 cents in Sy.No.533 of Thalamudipi Village Fields, Galiveedu Mandal, Annamayya District and consequently direct the respondents not to interfere with our rights and possession over the land in an extent of Ac.5.24 cents in Sy.No.533 of Thalamudipi Village Fields, Galiveedu Mandal, Annamayya District. 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 Fligh Court may be pleased to grant stay of all further proceeding in furtherance of the notice, dated 03.06.2025 and consequently direct the respondents not to interfere with rights and possession over the land in an our extent of Ac.5.24 cents in Sy.No.533 of Thalamudipi Village Fields, Galiveedu Mandal, Annamayya District, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010290022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Si¥iH [3329] r>!: THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14569/2025 Between: ...PETITIONER(S) Smt. Shaik Khadar Bee, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counselfor the Petitioner(S): 1.PAPUDIPPU SASHIDAR REDDY 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: 14569/2025 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 declare the proceedings in Ref No.C/515/2025, date 03.06.2025 issued by respondent No. 4 in relation to the land in an extent of Ac. 5.24 cents in Sy.No.533 of Thalamudipi Village Fields, Gallveedu Mandal, Annamayya District and consequently direct the respondents not to interfere with the petitioners’ rights and possession over the land in an extent of Ac. 5.24 cents in Sy.No.533 of Thalamudipi Village Fields, Galiveedu Mandal, Annamayya District and pass such other order ” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits tKat the paternal uncle of the petitioners was assigned the subject land admeasuring to an extent of Ac.5.24 cents in Sy.No.533 of Thalamudipi Village, Fields, Galiveedu Mandal, Annamayya District by way of DKT patta in the year 1978. After the demise of the paternal uncle of the petitioners, the petitioners succeeded the subject property and they have been in possession and enjoyment of the same. He further submits that pursuant to Act 35 of 2023, which is an amendment Act to the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977), the petitioners’ property i.e., an extent of Ac,5.24 cents in Sy.No.533 was converted as freehold property. He further submits called for alienation holds the property being the legal heirs inadvertently, the respondent herein i without there being any particulars of transferor issuance of such notice without particulars that the petitioners never or transfer in favour of anybody. The petitioners of the original assignee. But issued Form-1 notice, or transferee. The of the transferor and transferee is contrary to the object of the Form-1 notice and purpose for which it was issued. Hence, the impugned Form-1 notice dated 03.06.2025 is liable to be set aside. 4 On the other hand, learned Government Pleader for the respondents submits that Form-1 notice to be issued under Rule 3 of the Andhra Pradesh Assigned Lands Rules, 2007 to cancel the sale transactions lands. He further submits that the impugned notice does not contain particulars of the transferor as well as transferee, which i (Prohibition of Transfers) against the assigned IS mandatory be a direction to the per Form-1 notice. Therefore, let there respondents to proceed further in accordance with law. as 5. Having regard to the submissions made by the learned Pleader for on perusal of the material placed on record, it is notice as well as Form-ll per the Andhra Pradesh Assigned Lands counsel for the petitioners and the learned Government the respondents and a settled preposition of law that Form-1 notice to be issued as 4 (Prohibition of Transfers) Rules, 2007 to curtail any further alienation of the assigned lands in compliance with Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977). it is further observed that the impugned notice does not prescribes about the particulars of the transferor and transferee. Considering the contentions of the learned counsel for the petitioners that the petitioners herein are the legal heirs of the original assignee and no transfer was taken place, in the absence of any clear and categorical cause of action for issuance of such notice is contrary to law. Therefore, the impugned notice which was issued without mandatory particulars is liable to be set aside, as contended by the petitioner. 6. In view of the reasons stated above, the Writ Petition is allowed by setting aside the Form-1 notice dated 03.06.2025 issued by the 4'*^ respondent. It is needless to observe that, the respondents are at liberty to proceed further in accordance with law. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. M S6I- N NAG^MA ASSISTANT REGISTOAR C:tmtOPF\CER //true copy// SE To, State of Andhra Department Principal Secretary, Revenue Buildings, Velagapudi, Amaravathi 1. The Pradesh, Secretariat District, Rayachoty 2. The District Collector, Annamayya Divisional Officer Division, Galiveedu Revenue 3. The Revenue Galiveedu, Annamayya District. I V 4. The Tahsildar, Galiveedu Mandal, Annamayya District 5. One CC to Sri Papudippu Sashidar Reddy, Advocate [OPUC] 6. TwoCCsto GP for Revenue, High Court of Andhra Pradesh 7. Two CD Copies. [OUT] ssb i f HIGH COURT DATED; 19/06/2025 \ \ ORDER WP No.14569 OF 2025 ’^JUL 2025 T /•a;' \*36- m ik '^7/ ALLOWING THE W.P. WITHOUT COSTS r ' i' < 'r I & i