APHC010702872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36033/2025 Between: 1. M ANAND, S/O. LATE C. MUNASWAMY, AGED ABOUT 49 YEARS, HINDU, CULTIVATION, R/O. D.14-276/1, OMSAKTHI LAYOUT, KUPPAM MANDAL, CHITTOOR DISTRICT. 2. C.M. DHAKSHINAMURTHY,, S/O. LATE C. MUNASWAMY, AGED ABOUT 44 YEARS, HINDU, CULTIVATION, R/O. D.14-276/1, OMSAKTHI LAYOUT, KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522237. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT - 517001. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. 4. THE TAHSILDAR, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. 5. THE VILLAGE REVENUE OFFICER, O/O. BODAGUTTAPALLI REVENUE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. 6. SMT P RAJESWARI, W/O. P. VENKATESU, AGED ABOUT 50 2 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT -517425. 7. SMT JYOTHI, W/O. P.M. GOPI, AGED ABOUT 45 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. 8. SMT PARVATHAMMA, W/O. MURUGESH, AGED ABOUT 46 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT 517425. 9. SMT MAMMAKKA MAREKKA, W/O. P. SEETHARAM, AGED ABOUT 50 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT -517425. 10. P M GOPI, S/O. P. MUNAPPA, AGED ABOUT 48 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. 11. P VENKATESU, S/O. P. MUNAPPA, AGED ABOUT 58 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. 12. P MURUGESH, S/O. P. MUNAPPA, AGED ABOUT 52 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. 13. SEETHARAM SEETHARAMAPPA, S/O. P. MUNAPPA, AGED ABOUT 65 YEARS, R/O. PUJARAPPA KOTTAL VILLAGE, VENDUGAMPALLI POST, KUPPAM MANDAL, CHITTOOR DISTRICT - 517425. ...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 or orders or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the Respondent No. 4 in issuing impugned notices for cancellation of patta and erected board in respect of Petitioners' land dt.05.12.2025, while ROR Appeal no. Roc. C/11/2025, Dt. 03.02.2025, peding before the 3rd Respondent, in spite of subsistence of the assignment patta, and Pattadhar Passbook and Title Deed granted in favour of the Petitioners' father for their respective land 3 admeasuring an extent of Ac.1-68 cents in Sy.No. 1-12, . situated at Bodaguttapalli Revenue Village, Kuppam Mandal, Chittoor District, and prepared fake reports by the 4th Respondent in favour of the Respondents no. 6 to 13 ( Muneppa Family Members), dated 20.12.2024 after death of my parents as illegal, irregular, arbitrary and unjust and contrary to settled principles guaranteed under law and violation of Article 14, 19, 21 and 300-A of the Constitution of India and contrary to the provision of A.P. Rights in Land and Pattadar Passbook Act, 1971 and Rules 1989 and consequently direct the Respondent No. 2 to conduct enquiry and take appropriate action against the respondents no 4 and 5 who are threatening us to cancel D-Form patta and Pattadar passbook and title deed with their personal interest on the Petitioners' land admeasuring an extent of Ac.1-68 cents in Sy.No.1-12, situated at Bodaguttapalli Revenue Village Kuppam Mandal, Chittoor 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 stay of all further proceedings in Notice I and II (Namoona No.1 and 2) issued by the Respondents no. 4 in respect of the Petitioner land admeasuring an extent of Ac.1-68 cents in Sy.No.1-12, situated at Bodaguttapalli Revenue Village, Kuppam Mandal, Chittoor District in the interest of justice pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. P SARASWATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 4 This Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India assailing the notice, dated 05.12.2025 issued under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (hereinafter referred to as “the Rules”) by the 4th respondent, proposing cancellation of patta and erection of a prohibitory board in respect of the petitioners’ land. 2. The case of the petitioners is that they are in possession and enjoyment of land admeasuring Ac.1.68 cents in Sy.No.1-12 of Bodaguttapalli Revenue Village, Kuppam Mandal, Chittoor District. While so, the 4th respondent issued the impugned notice dated 05.12.2025 proposing cancellation of patta under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the POT Act”). 3. It is contended that the petitioners have already preferred an appeal under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short “the ROR Act”) seeking mutation of their names, and the said appeal is presently pending consideration. The very initiation of proceedings under the POT Act during the pendency of the ROR appeal is alleged to be illegal, arbitrary and without jurisdiction. 4. The learned counsel for the petitioners would submit that when an appeal under the ROR Act is pending, the revenue authorities are not justified in initiating parallel proceedings under the POT Act. According to the learned 5 counsel, such action amounts to pre-judging the issue involved in the ROR appeal and violates the principles of natural justice. 5. Per contra, the learned Assistant Government Pleader for Revenue appearing for the respondents would contend that there is no statutory bar under the POT Act or the Rules restraining the authorities from initiating proceedings for resumption of assigned land merely because an appeal under the ROR Act is pending. It is further contended that if there is violation of the conditions of assignment, the authorities are empowered to initiate action under Sections 3 and 4 of the POT Act, independent of proceedings under the ROR Act. 6. This Court has considered the rival submissions and perused the material available on record. 7. It is not in dispute that the impugned notice has been issued in Form-I under Rule 3 of the Rules and that the petitioners have already submitted their explanation to the said notice. 8. This Court, in Sudalagunta Sugars Ltd., v. Joint Collector, Chittoor and others1, has held that initiation of proceedings under the POT Act is not barred merely because proceedings under the ROR Act are pending, and that both enactments operate in different fields. The Court further held that once notices are issued under the Rules and the affected parties submit their 1 2017(2) ALD 529 6 explanation, interference under Article 226 of the Constitution at the show- cause stage is not ordinarily warranted. 9. In the present case, since the petitioners have admittedly submitted their explanation pursuant to the impugned notice, this Court is not inclined to examine the merits of the allegations at this stage. 10. In view of the above facts and circumstances, the Writ Petition is disposed of directing the respondents to consider the explanation submitted by the petitioners to the impugned notice dated 05.12.2025, if required by affording an opportunity of hearing to the petitioners and pass appropriate orders strictly in accordance with law within a reasonable time. Till such final orders are passed, the respondents shall not dispossess the petitioners from the subject land. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. __________________ JUSTICE D.RAMESH Date : 23.12.2025 KA 7 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36033/2025 Date : 23.12.2025 KA