APHC010531102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 27151/2025 Between: 1. VENNAPUSA CHENNA REDDY, S/O. MALYADRI REDDY, AGED ABOUT 31 YEARS, OCC CULTIVATION, R/O.CHENNIPADU VILLAGE, PONNALURU MANDAL, PRAKASAM DISTRICT. 2. VENNAPUSA KOTI REDDY,, S/O. MALYADRI REDDY, AGED ABOUT 27 YEARS, OCC CULTIVATION, R/O.CHENNIPADU VILLAGE, PONNALURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (ASSIGNMENT) DEPARTMENT, SECRETARIAT BUILDINGS,AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT 2 4. THE TAHSILDAR, PONNALURU 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 an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 4TH respondent in issuing Impugned Form-ll notices dated 29.08.2025 of Rule-3 under AP Assigned Lands (POT) Act, 1977 in respect of property an extent of Ac.4.00 cents in Sy.No.357-1, an extent of Ac.4.60 cents in Sy.No.300/2 belongs to 1STpetitioner and an extent of Ac.4.00 cents in Sy.No.357-2, an extent of Ac.4.36 cents in Sy.No.298/3 belongs to 2ND petitioner situated at Chennipadu Revenue Village, Ponnaluru Mandal, Prakasam District by calling explanation from the petitioners without there being any valid reason, without mentioning details in the notice and without jurisdiction and consequentially trying to eviction the petitioners from the said land without considering the explanation made to said notices, as illegal, arbitrary, violative of principle of natural justice and also violative of Act 9 of 1977 and violative of Article 14, 21 and 300 A of Constitution of India and consequently set- aside the Form-11 notices dated 29.08.2025 issued by the 4TH respondent 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 the respondents to not to eviction the petitioners from 14 their land in an extent of Ac.4.00 cents in Sy.No.357-1, an extent of Ac.4.60 cents in Sy.No.300/2 belongs to 1ST petitioner and an extent of Ac.4.00 cents in Sy.No.357-2, an extent of Ac.4.36 cents in Sy.No.298/3 belongs to 2ND petitioner situated at Chennipadu Revenue Village, Ponnaluru Mandal, Prakasam 3 District by suspending the Form-ll notices dated 29.08.2025 issued by the 4TH respondent. Pending the above writ petition and pass Counsel for the Petitioner(S): 1. JANARDHANA REDDY PONAKA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 27151/2025 ORDER: The petitioners claim that they are the absolute owners and possessors of land admeasuring an extent of Ac.4.00 cents in Sy.No.357-1; Ac.4.60 cents in Sy.No.300/2 (1st petitioner) and Ac.4.00 cents in Sy.No.357-2; Ac.4.36 cents in Sy.No.298/3 (2nd petitioner) situated at Chennipadu Revenue Village, Ponnaluru Mandal, Prakasam District. The petitioners further claim that initially the subject lands were held by their father and after his demise, they came into possession of the subject property. In support of their claim, the Pattadar Passbooks, Form 1B and Adangals are filed along with the writ petition to show that they are in possession and enjoyment of the lands in dispute. It is further case of the petitioners that while so, the respondent No.4 issued notice dated 29.08.2025 in Form-II under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and the Rules made thereunder. It is further case of the petitioners that in response to the said notice, they claim to have submitted explanation on 08.09.2025. It is specifically averred in the affidavit filed in support of the writ petition that despite submitting 5 explanation dated 08.09.2025, without following the procedure contemplated under the Act 9 of 1977 and without passing orders thereon, the respondent No.4 is trying to dispossess the petitioners from the subject lands. Questioning the said action, the present writ petition is filed. 2. On the other hand, learned Assistant Government Pleader for Revenue would submit that the explanation offered by the petitioners is under consideration and the respondent No.4 is yet to pass order in the matter. He would further submit that the petitioners will not be dispossessed unless appropriate orders are passed pursuant to the notice dated 29.08.2025. 3. Having considered the submissions made by the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, this Court feels that it is appropriate to dispose of the writ petition directing the respondent No.4 not to dispossess the petitioners from the subject lands, except in accordance with law. It is needless to mention that respondent No.4 is directed to provide opportunity of being heard to the petitioners before passing orders in the matter. The said exercise 6 shall be completed within a period of six (06) weeks from the date of receipt of a copy of the order. 4. With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date: 03.10.2025 ANS 7 1 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 27151/2025 Date: 03.10.2025 ANS