APHC010479582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24425/2025 Between: 1. KODAMALA SAMUEL, S/O. CHINNAIAH, AGED ABOUT 50 YEARS, R/O. PAPIREDDY VILLAGE, HANUMANTHUNIPADU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI DIVISION, KANIGIRI, PRAKASAM DISTRICT. 4. THE TAHSILDHAR, HANUMANTHUNIPADU MANDAL, PRAKASAM DISTRICT. 5. THE DEPUTY TAHSILDHAR, HANUMANTHUNIPADU MANDAL PRAKASAM 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4TH Respondent issued Form-1 vide R.C.DT/132/2025, dated 21.08.2025 and Form-ll vide 2 R.C.DT/132/2025, dated 21.08.2025 under Section 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 as illegal, arbitrary, unconstitutional against the principles of natural justice and also violation of the Articles 14, 21 AND 300-A of the Constitution of India and set aside the same and consequently direct Respondent Nos.4 and 5 not to disposes the Petitioner's from subject property of agricultural lands with an extent of Ac.3.11 cents comprised In Sy.no. 827-2 and Ac. 0.55 cents comprised in Sy.no. 827-4 in total with an extent of Ac.3.66 cents of Nandanavanam Village, Hanumanthunipad u Mandal, Prakasam District and pass 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 pleased to direct Respondent No.4 and 4 not to interfere with the peaceful possession and enjoyment of agricultural lands with an extent of Ac.3.11 cents comprised In Sy.no. 827-2 and Ac. 0.55 cents comprised in Sy.no. 827- 4 in total with an extent of Ac.3.66 cents of Nandanavanam Village, Hanumanthunipadu Mandal, Prakasam District by suspending Form-1 vide R.C.DT/132/2025, dated 21.08.2025 and Form-ll vide R.C.DT/132/2025, dated 21.08.2025 issued by the 4TH Respondent under Section 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 the and pass Counsel for the Petitioner: 1. NAIDU SIVA RAMA KRISHNA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24425/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent issued Form-1 vide R.C.DT/132/2025, dated 21.08.2025 and Form-ll vide R.C.DT/132/2025, dated 21.08.2025 under Section 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 as illegal, arbitrary, unconstitutional against the principles of natural justice and also violation of the Articles 14, 21 and 300-A of the Constitution of India and set aside the same and consequently direct respondent Nos.4 and 5 not to disposes the petitioner from subject property of agricultural lands with an extent of Ac.3.11 cents comprised in Sy.No.827-2 and Ac.0.55 cents comprised in Sy.No.827-4 in total with an extent of Ac.3.66 cents of Nandanavanam Village, Hanumanthunipadu Mandal, Prakasam District and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the lands admeasuring to an extent of Ac.3.11 cents in Sy.No.827-2 and Ac.0.55 cents in Sy.No.827-4, Nandanavanam Village, Hanumanthunipadu Mandal, Prakasam District, having acquired the same vide D-Form patta dated 20.05.1994. Pursuant to which, the petitioner was issued pattadar passbook and other revenue records 4 declaring that the petitioner as the pattadar of the subject lands. While so, to the utter surprise of the petitioner, respondent No.4 herein issued impugned notices under Rule 3 of A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 directing the petitioner to submit an explanation, alleging that the petitioner alienated the subject property contrary to the Section 3(2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 (Act 9 of 1977) and without there being any particulars except indicating the name of the purchaser and without providing any deed of transfer. As such the impugned notices issued under Rule 3 of Rules, 2007 are liable to be set aside. 4. On the other hand, learned Government Pleader for respondent No.4 submits that it is only a show-cause notice directing the petitioner to submit explanation. Further the notice specifically consisting of survey number, extent of land and nature of land and in whose favour the subject land was alienated by the petitioner and as far as other particulars are concerned, they are not that much necessary, once it is found that the subject property was alienated contrary to the provisions of the Act 9 of 1977. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is only a show-cause notice directing the petitioner to submit explanation. As such this Court deems it appropriate to dispose of the Writ Petition 5 directing the petitioner to submit explanation to the notices dated 21.08.2025 by substantiating his claim that no alienation was taken place as alleged by the respondents, within a period of three(3) weeks from the date of receipt of copy of this order. After such submission, respondent Nos.4 and 5 shall consider the same and pass appropriate orders with reference to the provisions of Act 9 of 1977, after providing opportunity of hearing to the petitioner, within a period of two(2) months thereafter. In the meanwhile, the respondents are directed not to interfere/evict the petitioner from the subject property. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1122..0099..22002255 TTPPSS 6 176 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:24425 of 2025 1122..0099..22002255 TTPPSS