Extracted from the PDF above. The PDF is authoritative.
‘-f.c APHC010323532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16519 OF 2025 Between: A R Mahesh Reddy, S/oA.R. Rajanna, Aged about 32 years, R/o D. No. 1- Munthapogulavaripalli Village Annamayya District. 22/1, Peddathippasamudram Mandal ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Annamayya District, Rayachoti. 3. The Revenue Divisional Officer, Madanapalle Division, Annamayya District. 4. The Tahsildar, Peddathippasamudram 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 a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th Respondent in issuing Form-ll notice as per the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 2007 under proceedings No.32/2025 dt. 17-06- 2023 in respect of the Petitioners absolute property for an extent of Ac.4-83 cents, situated in Survey No.20/1 of Buchipalle Village, Peddathippasamudram Mandal, Annamayya District, is illegal, arbitrary. unjust, contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 2007 and violation of fundamental rights guaranteed under
Article 19, 21 and consequently set aside the Form-ll notice dt. 17-06-2023 issued by the 4th Respondent under proceedings No.32/2025 in respect of the Petitioner's absolute property for an extent of Ac.4-83 cents, situated in Survey No.20/1 of Buchipalle Village 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 High Court may be pleased to SUSPEND the operation of the impugned Form-ll notice dt. 17-06-2023, vide proceedings No.32/2025, issued by the 4th Respondent as per the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 2007 in respect of the Petitioner’s absolute property for an extent of Ac.4-83 cents, situated in Survey No.20/1 of Buchipalle Village, Peddathippasamudram Mandal, Annamayya District during pendency of the Writ Petition.
Counsel for the Petitioner: SRI A SYAM SUNDAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: Peddathippasamudram Mandal
APHC010323532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16519/2025 Between:
1.A R MAHESH REDDY, S/OA.R. RAJANNA, AGED ABOUT 32 YEARS, MUNTHAPOGULAVARIPALLI VILLAGE, R/0 D.
NO. 1-22/1 PEDDATHIPPASAMUDRAM MANUAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REVENUE DEPARTMENT, SECRETARIAT 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTI. 3.THE REVENUE DIVISIONAL OFFICER, MADANAPALLE DIVISION ANNAMAYYA DISTRICT. 4.THE TAHSILDAR, PEDDATHIPPASAMUDRAM MANDAL, ANNAMAYYA DISTRICT. ...RE$PONDENT(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 issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th Respondent in issuing Form-ll notice as per the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 2007 under proceedings No.32/2025 dt. 17-06- 2023 in respect of the Petitioners absolute property for an extent of Ac.4-83 cents, situated in Survey No.20/1 of Buchipalle Village,
1 1 2 illegal, arbitrary, Peddathippasamudram Mandal, Annamayya District, is unjust, contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 2007 and violation of fundamental rights guaranteed under Article 19, 21 and consequently set aside the Form-ll notice dt. 17-06-2023 issued by the 4th Respondent under proceedings No.32/2025 in respect of the Petitioner's absolute property for an extent of Ac.4-83 cents, situated in Survey No.20/1 of Buchipalle Village, Peddathippasamudram Mandal, Annamayya District and 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 to SUSPEND the operation of the impugned Form-ll notice dt.
17-06-2023, vide proceedings No.32/2025, issued by the 4‘^ Respondent as per the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 2007 in respect of the Petitioner’s absolute property for an extent of Ac.4-83 cents, situated in Survey No.20/1 of Buchipalle Village, Peddathippasamudram Mandal, Annamayya District during pendency of the Writ Petition and pass Counsel for the Petitioner:
1 .A SYAM SUNDAR REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri M.Venkata Siva Teja,
learned counsel representing Sri A.Syam Sundar Reddy, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. Assailing the notice vide proceedings No.32/2025 dated 17.06.2023, issued in Form-ll Andhra Pradesh Lands (Prohibition of Transfers) Act, 2007, the above writ petition has been filed.
2.
Learned counsel for the petitioner would submit that an extent of Ac.4.83 cents in Sy.No.20/1 of Buchipalle Village, Peddathippasamudram
3.
3 Mandal, Annamayya District, assigned to Sri Meda Lakshmi Narayana. After his death, the property was inherited by his son Sri Meda Chandra Mohan. The State has granted freehold rights to Sri Meda Chandra Mohan. The 2 respondent issued proceedings vide R.Dis.E3/3061/PTM/2023 dated ...11.2023, deleting the subject property from the list of prohibitory properties under Section 22A of the Registration Act,
1908. Thereafter, Sri Meda Chandra Mohan alienated the property, and the petitioner purchased the property under a registered sale deed vide Doc.No.209/2024. The name of the petitioner was updated in the record of rights. The revenue authorities issued Form 1-B. nd Be that as it may, the 4^'^ respondent issued notice in Form-11 (Ex.P7). No notice in Form I was issued to the petitioner.
4.
Learned counsel for the petitioner would submit that issuing Form-11 notice, without issuing Form-1, is contrary to the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules.
5. Learned Assistant Government Pleader, on instructions, would submit that Form I and II notices vide Roc.A/32/2025 dated 17.06.2025, were issued to the petitioner as well as his vendor, Sri Meda Chandra Mohan. Learned Assistant Government Pleader produced the copies of Form I and II.
6. A perusal of the notice in Form-11 would indicate service on Sri Meda Chandra Mohan since it contains a signature. However, when it comes to Form I, it doesn’t contain the signature. Hence, it cannot be presumed that the notice under Form-1 was served on the petitioner. Service of notice in Form-1 and Form-ll is mandated under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules.
7. Learned single Judge of this court in Writ Petition No.1312 of 2022, placing reliance on the decision reported in M/s, Sudalagunta Sugars
8.
1 4 Limited, v. The Joint collector, Chittoor and another^ concluded that issuance of notice in Form- I and II to both vendor and vendee is mandatory per Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules. In the case at hand, notice under Form-1 was not served on the petitioner, and hence, the notice issued in Form-li (Ex.P7) is hereby set aside. Accordingly, the writ petition is allowed. However, this order will not preclude the respondent authorities from adhering to the procedure contemplated under the Provisions of AP Assigned Lands (POT) Rules, 2007. No order as to costs. as
9. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
1 2017(2) ALD 529 Sd/-KTATA RAO deputy. REGISTRAR SECTION OFFICER //TRUE COPY// To Secretariat Building Revenue Department
1. The Principal Secretary Velagapudi, Amaravati, Guntur District.
2. The District Collector, Annamayya District, Rayachoti.
3. The Revenue Divisional Officer, Madanapalle Division, Annamayya District.
4. The Tahsildar, Peddathippasamudram Mandal, Annamayya District.
5. One CC to Sri A Syam Sundar Reddy, Advocate [OPUC]
6. Two CCs to GP for REVENUE High Court of Andhra Pradesh [OUT]
7. Two CD Copies vna
HIGH COURT DATED:14/07/2025
ORDER WP No.16519 of 2025 H JUL 2025 ni# . Current Section ★ ^ ALLOWING THE WRIT PETITION WITHOUT COSTS