IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9991 OF 2025 a of rV A. Between: 1. S N Aslam Basha, S/o. S N M Basha aged 40 years, Occ.Cultivation, R/o. Sadum(V & M), Chittoor District. 2. Smt. Sajida Sulthana, W/o. S.N.Aslam, aged 39 years, Occ House Wife, R/o. Sadum(V and M), Chittoor District. 3. Smt. K Swapna, W/o. late Prabhunadha Reddy, aged 65 years, Occ.House Wife, R/o.Booragamanda(V), Sadum Mandal, Chittoor District. ...PETITIONERS AND 1. State of Andhra Pradesh Secretariat, Velagapudi, Guntur. 2. Collector and District Magistrate, Chittoor, Chittoor District. 3. Revenue Divisional Officer, Palamaneru Division, Chittoor Dist., 4. Tahsildar, Sadum Mandal, Sadum, Chittoor District. rep by its Principal Secretary, Revenue Dept ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ/Order/Direction may more particularly one in the notice in Roc Nature of Writ of Mandamus declaring the impugned NO.2025/AI dt. 15.03.2025 and non furnishing of sub division records pursuant to representation dt.20.03.2025 for submission of explanation as illegal, arbitrary, without jurisdiction besides violation of Art. 14 & 300-A to it of the Constitution of India and consequently set aside the impugned notice in Roc.No.2025/A1 dt. 15.03,2025 of the respondents forthwith. lA NO: 1 OF 209^ Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances support 6f the petition, the High Court may be pleased to direct the 4‘'’ Respondent to furnish the sub division records to the petitioners pursuant to their representation dt.20.03.25 for submission of a comprehensive explanation to notice dt. 15.03.25 and till such time not to disturb them forthwith pending disposal of the Writ: Petition. Counsel for the Petitioner: SRI SRINIVASULU Counsel for the Respondent Nos.1 KURRA to 4: GP FOR REVENUE The Court made the following: ORDER ;:4y ^r' APHC010191482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) \s\m [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9991/2025 Between: ...PETITIONER{S) S N Aslam Basha and Others AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petltioner(S): 1.SRINIVASULU KURRA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; 2 NVJ W.P.No.9991 of2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9991/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “...to issue a Writ/Order/Direction more particularly one in the Nature of Writ of Mandamus declaring the impugned notice in Roc.No.2025/AI dt 15.03.2025 and non furnishing of sub division records pursuant to representation dt.20.03.2025 for submission of explanation to it as illegal, arbitrary, without jurisdiction besides violation of Art.14 & 300-A of the Constitution of India and consequently set aside the impugned notice in Roc.No.2025/A1 dt.15.03.2025 of the respondents forthwith and to pass...” Heard the learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents. 2. 3. The case of the petitioners is that they are the absolute owners and possessors of the land admeasuring an extent of Ac. 1-20 cents in Sy.No.337/4, having acquired the same through a registered sale deed vide document No. 2370/2018, dated 23.08.2018. They further submit that the subject property is a private patta land and neither assigned land Government land. Therefore, the issuance of notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, dated 15.03.2025, is contrary to law and liable to be set-aside. nor 4. On the other hand, learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that instead of submitting explanation to the notice issued by the respondents, the petitioners an are 3 NV,J ^ W.P.No.9991 of 2025 seeking relief for sub-division of records, on the guise, the subject notice indicating the encroachment of the petitioners in respect of the Ac. 1-20 cents in Sy.No.337/4. He further submits that the entire land against which the notice was issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, is an assigned land, originally granted in favour of the vendor of the petitioners. As such, the respondents are proceeded and issued notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 in competence of the provisions of the Andhra Pradesh Assigned Lands(Prohibition of Transfers) Act, 1977. If the petitioners submit explanation to the notice, the same would be considered and appropriate orders, in accordance with law. an pass Having considered the submissions made by the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of the material on record, it is observed that the land in Sy.No.337/4, admeasuring Acs.3-31 Cents assigned in favour of one Smt.K.Swapna, W/o. late Prabhunadha Reddy in the year 2009 vide D-Form Patta by the then 4**^ respondent herein. It settled law in acquisition of assigned land from the assignee, that the transferee would not get any legal right over the subject property in view of the provisions of the Andhra Pradesh Assigned Lands(Prohibition of Transfers) Act, 1977. It is further observed that since the respondents issued notice under Section 7 of A.P. Land Encroachment Act, 1905, alleging that the 5. was IS 4 NV,J W.P.N0.9991 of 2025 petitioners had encroached the subject land to an extent of Ac. 1-20 cents in Sy.No.337/4 and a tank was built in the subject land, whatever the rights putforth before this Court by the petitioners can be agitated before the 4 respondent herein by submitting the explanation to the notice dated th 15.03.2025. Accordingly, the Writ Petition is disposed of by directing the petitioners 6. to submit a detailed explanation along with all the documents to substantiate his title and possession of the subject property within a period of two (02) weeks from the date of receipt of a copy of this order. After such submission, the 4*'^ respondent is directed to consider and pass appropriate orders after providing an opportunity of hearing to the petitioners and other stakeholders, if any, within a period of four (04) months thereafter. No costs. In the meanwhile. Status-quo obtaining as on today in respect of the 7. subject property shall be maintained by all the parties concerned. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR <V //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, Revenue Dept., State of Andhra Pradesh, Secretariat, Velagapudi, Guntur. 2. Collector and District Magistrate, Chittoor, Chittoor District. 3. Revenue Divisional Officer, Palamaneru Division, Chittoor Dist., 4. Tahsildar, Sadum Mandal, Sadum, Chittor District. 5. One CC to Sri Srinivasulu Kurra, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh 7. Three CD Copies. . [OUT] ssb HIGH COURT DATED:22/04/2025 ORDER WP.No.9991 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS