APHC010003262020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 479/2020 Between: Shaik Khadar Saheb and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: ORDER:- Heard Sri Vutupalli Rajanna, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 2. Challenging the action of the 3rd respondent in trying to evict the petitioners from the subject land in an extent of Ac.4.89 cents in Sy.No.757/3A, Ac.1.25 cents in Sy.No.757/3B and Ac.1.54 cents in Sy.No.757/3C total extent of Ac.7.68 cents situated in Gudarevupalle Village, Piler Mandal, Chittoor District, without due process of law, the present writ petition is filed. 2 3. It is contended that the petitioners’ father was assigned D-Form Patta in respect of the subject land. After the life time of their father, the petitioners have succeeded to the subject property. In recognition of their possession and occupation, the petitioners’ names were mutated in the revenue records and pattadar pass books were issued in favour of the petitioners. 4. It is contended that the 3rd respondent had issued notice on 16.12.2017 to the 1st petitioner to show cause as to why the assigned land should not be resumed. It is contended that the said proceedings were dropped thereafter no fresh proceedings have not been initiated. However, during 2019, the respondents have informed the petitioners that the lands would be resumed for sanction of house site pattas in favour of the weaker sections, in terms of the housing scheme launched by the State Government. Apprehending dispossession without issuing any further notice, the petitioners approached this Court, by way of the present writ petition. 5. During the course of arguments, the learned Assistant Government Pleader for Revenue placed before the Court, copy of the instructions dated 22.01.2025. Perusal of the same would reflect that the petitioners are not in possession of the subject land, for violation conditions of assignment, notice in Form-I was issued to the petitioners and no further steps have been taken pursuant to the said notice by the Revenue Authorities. 6. Considered the rival submissions. 3 7. Pursuant to the notice dated 16.12.2017, since it has been admitted by the revenue officials that after the Form-I notice issued, no further action taken in the matter. This Court deems it fit to direct the respondents to pass appropriate orders pursuant to the notice issued dated 16.12.2017, after giving sufficient opportunity to the petitioners. It is stated by the learned counsel for the petitioners that the petitioners have already submitted their explanation to the show cause notice issued in Form-I. Liberty is granted to the petitioners to file a fresh explanation to the show cause notice dated 16.12.2017. The liberty sought by the petitioners is granted, the petitioners shall file their explanation within two (2) weeks from the date of the receipt of the order and the 3rd respondent/Tahsildar is directed to pass appropriate orders on the notice in Form-I dated 16.12.2017 within four (4) weeks thereafter. Till passing of such orders, the petitioners shall not be dispossessed from the subject property. Needless to observe that the petitioners should be given opportunity of personal hearing in the matter. 8. In view of the foregoing, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:22.01.2025 ANI 4 325 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.479 of 2020 Date:22.01.2025 ANI