APHC010353272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17906/2025 Between: 1. P CHANDRASEKHAR REDDY, S/O PULLALAREVU CHENNA REDDY, AGED 35 YEARS-, R/O. H.NO.2-43, MUKTHAPURAM VILLAGE, KANAGANAPALLI MANDAL, SRI SATYA SAI 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, SRI SATYA SAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM, SRI SATYA SAI DISTRICT. 4. THE TAHSILDAR, DHARMAVARAM MANDAL, SRI SATYA SAI 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 to issue appropriate Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the order dated 10.06.2025 passed by the 4th respondent in Proceedings Rc.No. 142/2025/A and quash the same as the same is illegal, arbitrary, without 2 jurisdiction and vitiated error apparent on face of record and in violation of principles of natural justice apart from it being nullity and nonest in the eye of law and consequently direct the 4th respondent herein not to interfere with the land in Sy.No. 434/2 admeasuring Ac.3.09 cents of Regatipalli Village, Dharmavaram Mandal, Sri Satya Sai District and to pass any 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 to dispense with the filing of certified copy of the order dated 10.06.2025 passed by the 4th respondent in Proceedings Rc.No. 142/2025/A, pending disposal of the above writ petition of the Writ Petition and pass such IA NO: 2 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 order dated 10.06.2025 passed by the 4th respondent in Proceedings Rc.No.142/2025/A, pending disposal of the above writ petition of the Writ Petition and pass such Counsel for the Petitioner: 1. G SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard Sri G.Sekhar Reddy, learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4. 2. Assailing the proceedings issued by the 4th respondent vide Rc.No.142/2025/A dated 10.06.2025 resuming the petitioner’s land of an extent of Ac.3-09 cents in Sy.No.434/2 of Regatipalli Village, Dharmavaram Mandal, Sri Satya Sai District, the above writ petition has been filed. 3 3. Learned counsel for the petitioner would submit that the petitioner’s vendor assigned patta vide D.A.R.Dis.No.179/1418, dated 25.02.2009, under Ex-service man quota, an extent of Ac.3-09 cents in Sy.No.434-2 by the then Tahsildar, Dharmavaram Mandal, Sri Satya Sai District. The Revenue authorities updated the Record of Rights and issued Pattadar Pass Book and Title Deed to the vendor of the petitioner vide Khata No.1672. The vendor of the petitioner sold the property to the petitioner under a registered document dated 14.12.2021 (Ex.P.2). Thereafter, the name of the petitioner was included in Form 1 B Namoona and Adangal. 4. Be that as it may, by the proceedings impugned, the 4th respondent cancelled the assignment made in favour of the vendor of the petitioner. No notice was issued to the petitioner. Learned counsel submits that the order passed by the 4th respondent suffers from a violation of principles of natural justice and also a violation of A.P Board Standing Orders (BSO). 5. Learned Assistant Government Pleader on instructions would fairly submit that no notice was issued to the petitioner. He would also submit that a notice was issued to the vendor of the petitioner. By assigning reasons, the 4th respondent cancelled the assignment made in favour of the vendor of the petitioner. 6. Learned Assistant Government Pleader for Revenue also submitted that no counter-affidavit is necessary in this writ petition and requested to pass final order. 7. Thus, as seen from the averments in the writ affidavit, a D-form patta vide D.A.R.Dis.No.179/1418, dated 25.02.2009 (Ex.P.3) was issued to one Sri T.Jagadeeswara Reddy, S/o.Sankara Narayana Reddy, under Army quota (Ex-service man), for an extent of Ac.3-09 cents in Sy.No.434-2 by the then Tahsildar, Dharmavaram Mandal, Sri Satya Sai District. The Tahsildar, Dharmavaram, updated the Record of Rights and issued a Pattadar Pass 4 Book and Title Deed to the assignee (Ex.P.4). Thereafter, the said Jagadeeswara Reddy alienated the property in favour of the petitioner by registered document dated 14.12.2021 (Ex.P.2). The name of the petitioner was included in Form 1 B Namoona and Adangal. 8. A perusal of the proceedings impugned would indicate that the Tahsildar issued notice to the vendor of the petitioner, and the vendor of the petitioner submitted an explanation dated 24.04.2025. The proceedings impugned do not indicate the issuance of notice to the petitioner. The operative portion of the order of the Tahsildar reads as under: “In the foregoing reasons, since there is violation of conditions of grant, the land in Sy.No.434-2, extent 3.09 assigned in favour of Sri/Smt T.Jagadeeswar Reddy, S/o Shankar Narayana Reddy of Regatipalli village assigned in D.A.R.Dis.No.-------- File No by the then Tahsildar, Dharmavaram is hereby resumed to Government as per B.S.O.15(12)(3).” 9. A perusal of the order extracted supra, would manifest that 4th respondent failed to adhere to the procedure mandated in Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, and the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2023 (Act 35/2023) and the Rules made thereunder. In fact, the learned Assistant Government Pleader also asserted the same. No notice was issued to the petitioner, even though the petitioner’s name is included in Form 1B Adangal. Thus, the order impugned suffered from not only a violation of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act but also the Principles of Natural Justice. 10. Given the facts and circumstances of the case, the proceedings impugned vide Rc.No.142/2025/A dated 10.06.2025 in respect of the petitioner’s land of an extent of Ac.3-09 cents in Sy.No.434/2 of Regatipalli Village, Dharmavaram Mandal, Sri Satya Sai District are hereby set aside. 5 11. Accordingly, the writ petition is allowed. However, this order will not preclude the respondent authorities from following due process. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 16.07.2025 KA 6 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17906/2025 Date: 16.07.2025 KA