APHC010312582025 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: 16049/2025 Between: 1. GUNDEBOINA PRABHAVATHI, W/O. MASTHANAIAH, AGED 41 YEARS, OCC CULTIVATION, R/O. BANDAKINDAPALLI VILLAGE, DUTTALUR MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, KAVALI REVENUE DIVISION, KAVALI, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, DUTTALUR MANDAL, SPSR NELLORE 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Notice in Form-I vide R.C.B. No. 185/2025 dated 07.03.2025 and the subsequent Endorsement dated 10.03.2025 issued by the 4th respondent, whereby steps are being taken for resumption of petitioners assigned land measuring Ac. 2.50 cents in Sy.No. 324, situated in Bandakindapalli Village, Duttalur Mandal, 2 SPSR Nellore District, without considering petitioners objections dated 25.03.2025 submitted to the Notice in Form-1, as illegal, irregular, irrational, violative of principles of natural justice, provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners peaceful possession and enjoyment over her said landed properties and pass such 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 Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16049/2025 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 declaring the Notice in Form-I vide R.C.B. No.185/2025 dated 07.03.2025 and the subsequent endorsement dated 10.03.2025 issued by the 4th respondent, whereby steps are being taken for resumption of petitioner’s assigned land measuring Ac.2.50 cents in Sy.No.324, situated in Bandakindapalli Village, Duttalur Mandal, SPSR Nellore District, without considering petitioner’s objections dated 25.03.2025 submitted to the Notice in Form-1, as illegal, irregular, irrational, violative of principles of natural justice, provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioner’s peaceful possession and enjoyment over her said landed properties and pass such other order.” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner was assigned the land admeasuring to an extent of Ac.2.50 cents in Sy.No.324 of Bandakindapalli Village, Dttalur Mandal, SPSR Nellore Ditrict vide D-Form Patta dated 16.08.2005. Consequently, pattadar passbook and title deeds were also issued in favour of the petitioner. While things stood thus, some third parties, without having any legal authority, have trespassed into the subject 4 land of the petitioner and unauthorizedly erecting the structures. The petitioner has not transferred or alienated the subject assigned land to any person. But, the respondents issued Form-I notice dated 07.03.2025 to the petitioner. Subsequently, the respondents also issue endorsement dated 10.03.2025 to the petitioner. In reply, the petitioner submitted his objections dated 25.03.2025. But the respondents did not consider the same. 4. Learned Government Pleader for the respondents furnished written instructions dated 26.06.2025 issued by the 4th respondent, wherein it is stated as follows: “In response to the notice, the assignee submitted her explanation stating that, the never sold the land to Kancherla Yasoda W/o. Prasad Rao and Chejerla Chalamareddy S/o.Eswara Reddy and that, the Revenue Inspector submitted fallacious report to the Tahsildar without conducting proper enquiry and finally requested to stop further proceedings in pursuant to the notice issued on 07.03.2025 and 10.03.2025. The explanation offered by the petitioner not yet all convincing as the petitioner and her family members appended their signatures on the agreement of sales, executed by themin favour of the Kancherla Yasoda and Chejerla Chalamareddy.” 5. Considering the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished 5 by the learned Government Pleader for the respondents, it is observed that the subject property was assigned in favour of the petitioner. As per the terms of the D-Form patta, the petitioner is strictly restrained from alienating the subject land. As per the contents of Form-I notice, it is observed that the petitioner appears to have transferred or alienated the subject land. However, since the petitioner submitted her objections dated 25.03.2025, the respondents are directed to consider the same and pass appropriate orders in accordance with law, within a period of two (02) months. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned in respect of the possession of the subject property. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 03.07.2025 TTPPSS 6 285 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16049/2025 03.07.2025 TTPPSS