::1:: APHC010495742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25638/2024 Between: Sri. Indana Naga Kanaka Durga Rao, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. KALLA TULASI DURGAMBA 2. GP FOR REVENUE Counsel for the Respondent(S): 1. GP FOR REVENUE ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25638/2024 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ Order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the 2nd Respondent in not disposing of the appeal filed U/s 4(A) of A.P Assigned Lands (Prohibition of Transfers) Act 1977 against the cancellation and reassigned to the unofficial Respondents granted in favour of the Petitioner in D-Form Patta by the 3rd Respondent/Tahsildar, Kamavaraputkota Mandal in Proceedings L D (A) No.34/1400, dt 17.10.1990 assigning the lands to an extent of Ac 5-00 cents in Sy No 1440 situated at Tadikalapudi, Kamavarapukota Mandal, Eluru District as illegal, arbitrary against provisions of A.P Assigned Lands (Prohibition of Transfers) Act, 1977 and in violation of principles of justice and against all the settled principles of law and consequently direct the 2nd Respondent who consider the grounds of the Petitioner and dispose of the appeal pending before him filed U/s 4(A) of A P Assigned Lands (Prohibition of Transfer) Act, 1977and to pass such” 2. The case of the petitioner is that while the Petitioner was working as Junior Commission Officer, (NB/ASH) in India Army, the 3rd ::3:: Respondent granted D-Form Patta to an extent of Ac.5-00 cents in Sy.No.1440 situated at Tadikalapudi, Kamavarapukota Mandal, Eluru District vide proceedings in L.D.(A) No.34/1400, dated 17.10.1990 in favour of the Petitioner. 3. Learned counsel for the Petitioner submits that the petitioner spent substantial amounts to clear bushes, shrubs and thorny growth and planted cashew plants in the entire Ac.5.00 cents. 4. While so, after petitioner came to know that the subject D-Form was cancelled and same was reassigned to the unofficial respondents and they were put into illegal possession of the lands, the petitioner filed an appeal before the 2nd Respondent a statutory appeal provided by the law U/s 4(A) of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 ( Act 9 of 1977)in Appeal ROC No.487/2022/J (Old No.2079/2023/A) stating that without there being any notice, the petitioner was dispossessed and cancelled the D-Form patta and reassigned to the unofficial respondents and requested to cancel their reassignment pattas and restore the earlier proceedings issued in favour of the petitioner as mentioned above. But till today no orders have been passed and no hearing proceedings are taken place. ::4:: Therefore, the petitioner aggrieved by the inaction of 2nd respondent, in considering and disposing of the appeal, filed this writ petition. 5. During hearing, learned counsel for the petitioner reiterated the contentions urged in the petition whereas the learned Government Pleader opposed the writ petition. 6. The delay in not disposing of the appeal for the last 3 years is violative of Statutory Mandate U/s 4(A) of the Act 9 of 1977. Therefore, this Court deems it appropriate to direct the 2nd respondent to dispose of the appeal, if any pending before the 2nd respondent after providing opportunity of hearing to the both parties concerned within a period of six (6) months from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of. No costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt:19.03.2025 Krk ::5:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 129 WRIT PETITION NO: 25638/2024 Dt: 19.03.2025 krk