Extracted from the PDF above. The PDF is authoritative.
/ APHC010316352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA _ WRIT PETITION NO: 16038 OF 2025 Between: Pappu Jayalakshmi, W/o late P.Prathap, Aged about 40 years, R/o Garladinna village and Mandal, Anantapur Dist. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Anantapur, Anantapur District.
3. The Revenue Divisional Officer, Anantapur, Anantapur District.
4. The Tahsildar, Garladinna Mandal, Anantapur District. Revenue
5. D.Venkataramudu @ Venkata Ramireddy, S/o Late Linga Reddy, Aged about 83 years. R/o Thalagachipalli village Garladinna Mandal, Anantapur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or any other proceedings nature of Writ of Mandamus declaring the action of the 4**^ praying that in the one in the respondent in as illegal, of the petitioner's rights passing an
order ATP202409305089/2024 dated 29-10-2024 arbitrary and without jurisdiction and violation
guaranteed under Art. 14. 21 and 300-A of the Constitution of India and set aside the same and consequently mutate the petitioner name in the revenue records. 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 direct the 4^'' respondent not to interfere in peaceful possession and to enjoyment of the petitioner land in Sy.No.280/1A an extent of Ac. 1.70 cents situated in Garladinna vi^ge and Mandal, Anantapur Dist., pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M. KARIBASAIAH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:-- The Court made the following order:
V/ APHC010316352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 13329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16038/2025 Between:
1.PAPPU JAYALAKSHMI, W/0 LATE P.PRATHAP, AGED ABOUT 40 YEARS. R/0 GARLADINNA VILLAGE AND MANDAL, ANANTAPUR DIST. ...PETITIONER AND 1.THE STATE OF AP. REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI, 2.THE DISTRICT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ANANTAPUR, ANANTAPUR DISTRICT. 4.THE TAHSILDAR, GARLADINNA MANDAL, ANANTAPUR DISTRICT. 5.D VENKATARAMUDU VENKATA RAMIREDDY, S/0 LATE LINGA AGED ABOUT 83 YEARS, REDDY. VILLAGE, GARLADINNA MANDAL, ANANTAPUR DISTRICT.
R/0 THALAGACHIPALLI ...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 pass an order or direction or any other proceedings one in the nature of Writ ofMandamus declaring the action of the 4TH respondent in passing an order ATP202409305089/2024 dated 29-10-2024
A 2 W.P.NO.16038 OF 2025 illegal, arbitrary and without jurisdiction and violation of the as petitioner's rights guaranteed under Art. 14, 21 and 300-A of the Constitution of India and et aside the same and consequently mutate the petitioner name in the revenue records pass 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 pleased to direct the 4th respondent not to interfere in peaceful possession and enjoyment of the petitioner land in Sy.No.280/IA an extent of Ac. 1.70 cents situated in Garladinna village and Mandal, Anantapur Dist., pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1.M KARIBASAIAH Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following:
3 % NV,J W.P.NO.16038 OF 2025 The Court made the following ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: to pass an order or direction or any other proceedings one in the nature of Writ of Mandamus declaring the action of the 4“^ respondent in passing an order ATP202409305089/2024 dated 29-10-2024 illegal, arbitrary and without jurisdiction and violation of the petitioner's rights guaranteed under Art. 14, 21 and 300-A of the Constitution of India and set aside the same and consequently mutate the petitioner name in the revenue records pass verbatim)
2. Heard
learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. The claim of the petitioner is that she is the daughter-in-law of the original assignee, one Pappu Venkata Ramireddy, who was assigned land to an extent of Ac.1.70 cents in Sy.No.280/1A of Garladinna Village and Mandal, Ananthapur District.
3.
Learned counsel for the petitioner submits that the petitioner is the sole legal heir of the original assignee, late Pappu Chinna Venkata Ramudu. After the demise of her father-in-law and husband, the petitioner submitted an application for mutation and issuance of a pattadar passbook in her favour. Upon
consideration, the 4th respondent issued an endorsement dated 29.10.2024, observing that the petitioner is not in possession of the property, and that her father-in-law had transferred the subject land by way of an agreement of sale in favour of P. Venkata Ramireddy, who has been in possession of the land for the past thirty years. It was further observed that the petitioner was never in possession of the property, and that appropriate proceedings would be initiated as per the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and the rules made thereunder. Aggrieved by the said endorsement, the present writ petition has been filed.
4. . .
4 W.P.N0.16038 0F2025 On the other hand, learned Assistant Government Pleader for Revenue submitted written instructions furnished by the 4**^ respondent on 30.06.2025, wherein it is stated that:
5.
“It is submitted that it is fact that 5'^ respondent has been enjoying the property for the last 30 years without let or hindrance from the petitioner family. The petitioner father-in-law having purchased the property from the government he disposed the same in favour of 5^^ respondent through unregistered sale deed Dt.02.02.1995. According to settled law when government land was granted on collecting market value the grantee will have every right to dispose the property. Under the above reason, the father-in-law of the petitioner has disposed the property in favour of 5^'’ respondent. Hence the petitioner has no right to agitate over the property again as such she is not eligible for any relief As this land is a Government, the said land is not transferable under Registration Act, 1908 and taking this as an opportunity, the present petitioners have filed this case. ’’
6. It is further submitted that the written instructions dated 30.06.2025 reiterate the same
contentions as in the impugned endorsement dated
29.10.2024. It is also submitted that since the petitioner is not in possession of the property, and the original assignee did not comply with the conditions of the patta, any alleged transfer to a third party by way of any deed amounts to a violation of the patta terms. Therefore, neither the petitioner nor any other person is entitled to claim rights over the land, and the respondents are empowered to initiate appropriate proceedings under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and rules made thereunder.
7. Upon considering the submissions of both
learned counsel and on perusal of the material on record, it appears that the said land was originally assigned in favour of the petitioner’s father-in-law, but he violated the terms of patta and alienated the land. It is also not in dispute that the petitioner is one of the legal heirs of the original assignee, being his daughter-in-law. However, as rightly pointed out by the learned counsel for the respondents, no evidence I has been placed before this Court to demonstrate that the petitioner was ever in possession of the subject land following the demise of her father-in-law. j
5 NV,J W.P.N0.16038 0F2025
8. On the contrary, the written instructions submitted by the learned Assistant Government Pleader indicate that one P. Venkata Rami Reddy has been in continuous possession and enjoyment of the property for the past 30 years, on the basis of an agreement of sale allegedly executed by the petitioner’s father-in-law. If that is the case, it appears that the father-in-law of the petitioner violated the conditions of the patta granted to him. It is a settled proposition of law that, under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, an assignee has no right to transfer the assigned land in favour of third parties. Therefore, any such transfer by way of agreement of sale is not valid or legally enforceable. In light of the above, the respondents are at liberty to proceed further in accordance with law.
9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed.
Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECT^OPHICHR To,
1. The Principal Secretary, Revenue Department, State of Andhra Pardesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Anantapur, Anantapur District. The Revenue Divisional Officer, Anantapur, Anantapur District. The Tahsildar, Garladinna Mandal, Anantapur District. One CC to Sri M. Karibasaiah, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies.
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HIGH COURT DATED:03/07/2025
ORDER WP No.16038 OF 2025 ^0 (AUG 2025^'j Sectiofl.xC'^ ^■«^asi£s^^ DISPOSING OF THE W.P. WITHOUT COSTS