APHC010312822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16025/2025 Between: 1. EARLA ADI LAKSHAMMA, W/O. VENKATESWARLU, AGED ABOUT 51 YEARS, R/O. PUTTUPALLE VILLAGE, H/O. BUKKAPURAM POST, MAHANANDI MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NANDYAL DISTRICT, NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL, NANDYAL DISTRICT. 4. THE TAHSILDAR, MAHANANDI MANDAL, THIMMAPURAM VILLAGE, MAHANANDI MANDAL, NANDYAL DISTRICT ...RESPONDENT(S): 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 pleased to Issue a writ, order or direction, more particularly one in the nature of Mandamus, declaring the Form-ll notice dated 23-05-2025 issued by the respondent no.4 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, as illegal and arbitrary without 2 NV,J W.P.NO.16025 OF 2025 jurisdiction and consequently set aside the Form-11 notice dated 23-05-2025 issued by the respondent no.4 and pass IA 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 may be pleased to suspend the Form-11 notice dated 23-05-2025 issued by the respondent no.4 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SATYANARAYANA NIMMALA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 NV,J W.P.NO.16025 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16025/2025 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 Mandamus, declaring the Form-ll notice dated 23-05-2025 issued by the respondent no.4 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, as illegal and arbitrary without jurisdiction and consequently set aside the Form-II notice dated 23-05-2025 issued by the respondent no.4 and pass...”(in verbatim) 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 was assigned land to an extent of Ac.2-58 cents in Sy.No.816 in Bukkapuram Village, Mahanandi Mandal, Nandyal District. Since, the date of assignment, the petitioner has been in peaceful possession and enjoyment of the subject property for the last 26 years and has been issued a pattadar passbook and title deed of the said land in his favour. 4. While so, without informing or issuing any prior notice to the petitioner, the 4th respondent issued Form-II notice on 23.05.2025 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (for short “Rules”) alleging that the petitioner transferred a part of the subject land i.e., Ac.2-50 cents in Sy.No. 816, in favour of one Smt.P.Anjali Devi. 4 NV,J W.P.NO.16025 OF 2025 5. Learned counsel for the petitioner submits that the petitioner is in peaceful possession and enjoyment of the subject property i.e., Ac.2-58 cents in Sy.No.816, having been allotted the same by the State Government, there is no transfer of any part of the land, as alleged in Form-II notice which was issued on 23.05.2025 under Rule 3 of the Rules, alleging that the said land which is an assigned land was transferred is in favour of the one Anjali Devi and in violation of the provisions of the Act and Rules. After the receipt of notice, the petitioner submitted a detailed explanation to the same, which was received by the respondents on 13.06.2025. In view of the fact that the Sy.No.816 to an extent of Ac.2-58 cents was assigned in favour of the petitioner, the Form-II notice issued was without jurisdiction, arbitrary and contrary to the provisions of Rule. Hence, the present Writ Petition. 6. On the other hand, learned Assistant Government Pleader for Revenue submits that the impugned Form-II notice was issued only after conducting enquiry and upon being satisfied that a part of the assigned land of the petitioner was transferred in favour of one Smt.P.Anjali Devi W/o.Prasada Rao, whereby the petitioner violated the conditions of the patta, by observing the due process of law only, Form-II notice was issued. Since the petitioner has submitted her explanation the same would be considered and appropriate orders would be passed in accordance with law. 7. Considering the submissions of both the learned counsel and on perusal of the material on record, it is observed that the subject property was assigned in favour of the petitioner. As per the terms of the assignment, the 5 NV,J W.P.NO.16025 OF 2025 petitioner is legally restrained from alienating the subject land in favour of third parties. As per the contents of the Form-II notice, it is observed that the petitioner had transferred or alienated some portion of the subject property in Sy.No.816 in favour of third parties. However, since the petitioner submitted her explanation for the Form-II notice, the respondents are directed to consider the same and pass appropriate orders as per the provisions and the Rules made thereunder, within a period of two (02) months. 8. Accordingly, the Writ petition is disposed of. There shall be no order as to costs. 9. In the meanwhile, Status-quo obtaining as on today in respect of the possession of the subject property shall be maintained by all the parties concerned. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:03.07.2025 LSP 6 NV,J W.P.NO.16025 OF 2025 257 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16025/2025 Date:03.07.2025 LSP 7 NV,J W.P.NO.16025 OF 2025 3. The claim of the petitioner herein is that the petitioner was assigned land to an extent of Ac.2.00 cents in Sy.No.816 of Bukkapuram Village, Mahanandi Mandal, Nandyal District. Since the date of assignment, the petitioner has been in peaceful possession and enjoyment of the subject property for the last 26 years and has been issued a pattadar passbook and title deed in respect of the said land in his favour. 4. While so, without informing or issuing any prior notice to the petitioner, the 4th respondent issued a Form-II notice dated 23.05.2025 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, alleging that the petitioner transferred a part of the subject land, i.e., Ac.2.50 cents in Sy.No.816, in favour of one Smt. P. Anjali Devi. 5. Learned counsel for the petitioner submits that the petitioner is in peaceful possession and enjoyment of the subject property, i.e., Ac.2.58 cents in Sy.No.816, having been allotted the same by the State Government. He further contends that there is no transfer of any part of the land. The Form-II notice dated 23.05.2025 was issued under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, alleging that the said land is assigned land and that the transfer in favour of the petitioner is in violation of the provisions of the Act and Rules. After receipt of the notice, the petitioner submitted a detailed explanation, which was received by the respondents on 13.06.2025. Considering that land in Sy.No.816 to an extent of Ac.2.58 cents was assigned in favour of the petitioner, the issuance of Form-II notice is without jurisdiction, arbitrary, and contrary to the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007. Hence, the present writ petition. 6. On the other hand, the learned Assistant Government Pleader for Revenue submits that the impugned Form-II notice was issued only after conducting an enquiry and upon being satisfied that a part of the assigned land of the petitioner was transferred in favour of one Smt. P. Anjali Devi, W/o. Prasada Rao, thereby violating the conditions of the patta. It is submitted that the Form-II notice was issued by following due process of law. Since the petitioner has already submitted her explanation, the same will be duly considered and appropriate orders will be passed in accordance with law. 7. Considering the submissions of both learned counsel and on perusal of the material on record, it is observed that the subject property was assigned in favour of the petitioner. As per the terms of the assignment, the petitioner is legally restrained from alienating the land in favour of third parties. As per the contents of the Form-II notice, it appears that the petitioner may have transferred or alienated a portion of the subject land in Sy.No.816. However, since the petitioner has submitted her explanation in response to the Form-II notice, the respondents are directed to consider the same and pass appropriate orders as per the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, and the Rules framed thereunder, within a period of two (2) months. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 9. In the meanwhile, the status quo as on today in respect of possession of the subject property shall be maintained by all the parties concerned. 8 NV,J W.P.NO.16025 OF 2025