IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) I TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10087 OF 2025 Between: Naturu Ramarao, S/o Sri Kotaiah (Late), Age, 55years, H.No.71-59, Sivalayam Street, Kothapatnam, (M & V), Prakasam Distriet, Andhra Pradesh-523286 ’ . . 5 i ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue, Secretariat Buildings, Guntur District, Velgapudi, Andhra Pradesh. 2. The District Collector, Prakasam Bhavan, Ongole, Prakasam District. A.P-523001 3. The Tahsildar, Kothapatnam Mandal, Kothapatnam Village, Prakasam District. A. P-523286 ...Respondents 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 an order, wr|t or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing Notice in Form-1 dated 5-4- 2025 under Section 3(2) of Andhra Pradesh Assigned Lands (POT) Act, 1977 on the pretext of violation of conditions of assignment patta as illegal, arbitrary, violation of Article 14, 19, 21 and 300A of the Constitution of India and contrary to the provisions ‘ of Assigned Lands (POT) Act, 1977 and suffers from inherent lack of jurisdiction, colourable exercise power tainted with malice in law, consequently set aside the same and direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners land to an extent of Ac. 1.25 cents in Sy.No. 2026/2B of Kothapatnam Village and Mandal without making payment of compensation under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. lA 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 stay all further proceedings of 3rd respondent in pursuance to the Notice dated 5-4-2025 issued in Form-1 to the petitioner. Counsel for the Petitioner: SRI. B S SHIVAJI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 50 APHC010191912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10087/2025 Betvi/een: ...PETITIONER Naturu Ramarao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.BSSHIVAJI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “to issue an order writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3RD respondent in issuing Notice in Form1 dated 5.4.2025 under Section 32 of Andhra Pradesh Assigned Lands POT Act 1977 on the pretext of violation of conditions of assignment patta as illegal arbitrary violation of Article 14, 19, 21 and 300A of the Constitution of India and contrary to the provisions of A.P.Assigned Lands POT Act 1977, and suffers from inherent lack of jurisdiction colourable exercise power tainted with malice in law consequently set aside the respondents not to interfere with the peaceful possession and enjoyment of the petitioners land to an extent of Ac. 1.25 cents in Sy.No.2026/2B of Kothapatnam Village and Mandal making payment of compensation under Right Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 pass such other order or orders...’’ same and direct the \ without to Fair 2. The case of the petitioner is that the petitioner was assigned the subject land in the year 1993, vide DKT Patta No. 47 of 1402 admeasuring to an extent of Ac. 1.25 cents of dry land in Sy.No.2026/2B of Kothapatnam Village, Prakasam District. After the assignment, the petitioner has been in continuous possession and enjoyment of the said land without any interference from third parties, particularly the respondent Nos. 1 to 3 herein. 3. The learned counsel for the petitioner submits that the petitioner has neither alienated the subject property nor created any third-party interest. He further submits that although the subject land was assigned to the petitioner, in violation of the provisions of the A.P. Assigned Lands (Prohibition of respondent has issued a Form-1 notice dated 05.04.2025, aiieging that the petitioner has alienated the subject property by way of a sale deed. However, no particulars of the transferee or the alleged transfer dated deed Transfers) Act, 1977 and the rules made thereunder, the 3rd were provided in the said Form-1 notice. 4. He further contends that. per the Rules made under the A.P. Assigned Lands (POT) Act, 1977, once the respondents come to the as jssue notices in Form-1 and Form-11 to both the transferor and the transferee, providing all necessary particulars for the proposed cancellation alienation transaction. In the instant case, it is evident that the respondents have failed to comply with the mandatory provisions of the Act. Only notices in Form-1 was issued to petitioner and notice in Form-ll was issued to the petitioner or to the alleged transferee, nor were any details provided in the impugned notice dated 05.04.2025 as required under the provisions of the of the Act. 8. In view of the foregoing discussion, the writ petition is allowed by setting aside the impugned notice dated 05.04.2025 issued by the 4th respondent. However, the respondents are at liberty to proceed further in accordance with the due process of law, as contemplated under the provisions of the A.P. Assigned Lands (POT) Act, 1977. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions if any, pending in the writ petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Revenue, State of Andhra Pradesh, Secretariat Buildings, Guntur District, Veigapudi, Andhra Pradesh. 2. The District Collector, Prakasam Bhavan, Ongole, Prakasam District.A. P-523001. 3. The Tahsiidar, Kothapatnam Mandal, Kothapatnam Village, Prakasam “ District. A. P-523286 4. One CC to Sri. B S Shivaji Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC HIGH COURT DATED:22/04/2025 \ ORDER WP.No.10087 of 2025 DISPOSING THE WP WITHOUT COSTS