Af>HC010342302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17095 OF 2025 Between: Smt. B. Prameela, W/o.B. Thyagaraju, age 40 years, hamlet of Gamkonda, Panjani Mandal, Peddapanjani, Chittoor District R/o. Kammapalem, ...Petitioner AND 1. State of Andhra Pradesh, Rep by its Principal Secretary, Department, Velagapudi, Amaravathi, Guntur Dist., A.P. 2. The District Collector, Chittoor, Chitoor District. 3. The Tahsildhar, Peddapanjani Mandal, Chittoor District. Revenue ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated Jn the affidavit filed therewith, the High Court may be ' pleased to issue an appropriate writ, order or direction, or a Writ in the nature of Mandamus, declaring the action of the 3^^ respondent in issuing notice vide Roc No. 195 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules 1977 and Amendment Act 2007 and interfering with the possession and enjoyment of patta land in an extent of Ac.2-22 cents situated in Survey no.208/2, vide khatta No.764, in Kammapalem Village, Gamkonda Revenue Village, Peddapanjani Mandal, Palamaner Sub-District, in Chittoor District, as being illegal, ultravires, violative to principles of natural justice and Articles 14, 19 and 21 of the Constitution of India, and provisions of A.P. Assigned Land Act and Rules,. Consequently set' aside the notice ROC NO. 195. |i^ lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned notice vide Roc No. 195 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers ) Rules 1977 & Amendment Act 2007 issued by the 3rd respondent by directing not interfering with the possession and enjoyment of patta land in an extent of Ac.2-22 cents situated in Survey no.208/2, vide khatta No.764, in Kammapalem Village, Gamkonda Revenue Village, Peddapanjani Mandal, Palamaner Sub-District, in Chittoor District. Counsel for the Petitioner: SRI P. HEMACHANDRA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010342302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH, DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17095/2025 Between: 1.SMT. B. PRAMEELA,, W/O.B. THYAGARAJU, AGE 40 YEARS, R/0. KAMMAPALEM, HAMLET OF GAMKONDA, PANJANI MANDAL, PEDDAPANJANI, CHITTOOR DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH,. REP BY ITS PRINCIPAL REVENUE DEPARTMENT, VELAGAPUDI, SECRETARY, AMARAVATHI, GUNTUR DIST., A.P. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITOOR DISTRICT 3.THE TAHSILDHAR, PEDDAPANJANI MANDAL, CHITTOOR 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 topleased to issue an appropriate writ, order or direction, or a Writ in the nature of Mandamus, declaring the action of the 3rd respondent in issuing notice vide Roc No. 195 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers ) Rules 1977 and Amendment Act 2007 and interfering with the possession and enjoyment of patta land in an extent of Ac.2-22 cents situated in Survey no.208/2, vide khatta No.764, in Kammapalem Village, Gamkonda Revenue Village, Peddapanjani Mandal, Palamaner Sub-District, in Chittoor District, as being illegal, ultravires, violative 2 NV, W.P.No.17095 of 202S to principles of natural justice and Articles 14, 19 and 21 of the Constitution of India, and provisions of A.P. Assigned Land Act and Rules,. Consequently set aside the notice ROC NO. Consequently set aside the notice ROC NO. 195 lA NO: 1 OF 2025 i 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 prayed that this Hon’ble Court, pending disposal of the main writ petition, suspend the impugned notice vide Roc No. 195 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers ) Rules 1977 & Amendment Act 2007 issued by the 3rd respondent by directing not Interfering with the possession and enjoyment of patta land in an extent of Ac.2-22 cents situated in Survey no.208/2, vide khatta No.764, in Kammapalem Village, Gamkonda Revenue Village, Peddapanjani Mandal, Palamaner Sub-District, in Chittoor District Counsel for the Petitioner: 1.P HEMACHANDRA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 NV,J W.P.No.17095 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17095 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “to issue an appropriate writ, order or direction, or a Writ in the nature of Mandamus, declaring the action of the 3rd respondent in issuing notice vide Roc No. 195 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers ) Rules 1977 and Amendment Act 2007 and interfering with the possession and enjoyment of patta land in an extent of Ac.2-22 cents situated in . Survey no.208/2, vide khatta No.764, in Kammapalem Village, Gamkonda Revenue Village, Peddapanjani Mandal, Palamaner Sub-District, in Chittoor District, as being illegal, ultravires, violative to principles of natural justice and Articles 14, 19 and 21 of the Constitution of India, and provisions of A.P. Assigned Land Act and Rules. Consequently, set aside the notice ROC NO. 195” 2. The brief facts of the case are that, the petitioner was assigned with land of an extent of Ac.2-22 cents in Sy.No.208/2 vide Khata No.764, Kammapalem Village, Gamkonda Revenue Village, Peddapanjani Mandal, Palmaner, Chittoor District. After issuance of said patta, the name of the petitioner was duly mutated in the revenue records and thereafter, the petitioner has been in peaceful possession and enjoyment of subject land. While so, 3'^'^ respondent/Tahsildar issued resumption Natige in Form-1 under Rule 3 of A.P. Assigned Lands 4 NV. W.P.No.17095 of202S (Prohibition of Transfers) Rules, 2007, vide Roc.No.195 to the petitioner directing*^, him to show cause as to why the land allotted to the petitioner shall not be resumed and the petitioner should not be evicted from the above said land and to submit her explanation within 15 days from the date of receipt of the notice. The petitioner also gave reply to the said notice on 19.05.2025. 3. Learned counsel for the petitioner drawn attention of this Court to the judgment passed by composite High Court of Andhra Pradesh in Renew Wind Energy (TN2) Private Limited, Delhi rep by its Authorized Signatory Madhu Mohan vs. State of Telangana^ and would contend that, the petitioner is a landless poor person except having the subject land, no other land is held by him and he did not violate the terms of patta and provisions of A.P. Assigned Lands Act, 1977 are not applicable to him. But, the respondents directed him vacate from the subject land without conducting any enquiry and without passing any order after considering his explanation/objection to the said show cause notice in Form-1. As such, the petitioner requested to declare the action of respondent illegal and arbitrary, consequently direct the respondent authorities not to evict the petitioner from the subject land. as 4. Though the petitioner made several allegations, there is no need to adjudicate the truth or otherwise in the allegations made in the affidavit filed along with the writ petition, since the Assistant Government Pleader for Revenue 2020(1) ALT 245 5 NV,J W.P.No.17095 of 2025 admitted that a Notice in Form-1, was issued calling for explanation within fifteen (15) days. Accordingly, the petitioner submitted an explanation, dated 19.05.2025, but no order has been passed so far, but attempting to interfere with the possession and enjoyment of the property. However, learned Assistant Government Pleader for Revenue readily 5. agreed to dispose of the representation/explanation of the petitioner dated 19.05.2025, if any pending with the authorities, ih accordance with law. In view of the submission of the learned Assistant Government Pleader for 6. Revenue, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in ‘ The Government of India v. P.Venkatesh^’’, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to the respondents to dispose of the representation dated 19.05.2025, I find no other alternativeexcept to issue such direction. In the result, the writ petition is disposed of directing the respondents to consider and dispose of the representation dated 19.05.2025 made by the petitioner, in accordance with law, within two (02) months from today. The 7. ^2019(8) SCALE 544 6 NV,j W.P.No.17095 of 2025 petitioner is at liberty to challenge the subsequent proceedings if any, if advised. > Till final disposal of the petitioner's representation, the respondents are directed not to interfere with the peaceful possession and enjoyment of the property of the petitioner. No order as to costs. 8. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY //TRUE COPY// REGISTRAR To, SECTION OFFICER 1. The Principal Secretary, Revenue Department, State Velagapudi, Amaravathi, Guntur Diet., A.P 2. The District Collector, Chittoor, Chitoor District 3. The Tahsildhar, Peddapanjani Mandal, Chittoor District 4. One CC to Sri P. Hemachandra 5. Two CCs to GP for Revenue 6. Two CD Copies of Andhra Pradesh, Advocate [OPUC] High Court of Andhra Pradesh [OUT] Cnr HIGH COURT Cnr DATED:08/07/2025 CC by 10.07.2025 ORDER WP NO. 17095 OF 2025 ^ 11JUL 2025 Jg ^s£int»iits»cti5|l>>**y DISPOSING OF THE W.P. WITHOUT COSTS