IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 10772 OF 9n9i; SiiSder AMARAVATI NIMMAGADDA / Between: Mrs Kanthamma, W/o K. Mohan Raju, Aged about wife, D.No- 302, Block-A, Mithuna White Aspera Srirampura Bangalore, Karnataka State. 73 years, Occ: House , Jakkuru Post, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep, by its Principai Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Penukonda 4. The Tahasildar, Lepakshi Mandal, Sri Satya Sai District. Sri Satya Sai District. ...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 of Mandamus may or any other appropriate writ, order or direction declaring the Respondent No. 4 (Tahsildar, Rc.No.230/2024, dated 02.01.2025 action of the Respondents, particularly Lepakshi Mandal) in issuing Notice as arbitrary, illegal, and in violation of Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (as amended in 2023), Articles 14 and 300-A of the Constitution India, and the principles of natural justice and consequently direct the Respondents, especially Respondent No. of 4, to recognize the Petitioner lawful ownership of the lands bearing Sy. No. 85-3 to an extent of Ac 4-07 cents, Sy No. 85-7 to an extent of Ac 3-67 cents, and Sy No. 85-1 to extent of Ac 1-40 cents respectively of Kalluru Village, Lepakshi Mandal, Sri Satya Sai District, and restrain them from taking any coercive action, including forfeiture or eviction pursuant to the impugned notice. an 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 direct the Respondents to restrain their officials and representatives from taking any coercive action, including forfeiture eviction, against the Petitioner’s peaceful possession and enjoyment of the subject lands bearing Sy. No. 85-3 to 85-7 to an extent of Ac 3-67 cents, and Sy No. 85-1 to cents respectively of Kalluru Village, Lepakshi Mandal, Sri Satya pending the final disposal of this Writ Petition. Counsel for the Petitioner: SRI SREEMANNARAYANA VATTIKUTI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE ^ The Court made the following: ORDER or an extent of Ac 4-07 cents, Sy No. an extent of Ac 1-40 Sai District, ::1;: APHC010206992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10772/2025 Between; ...PETITIONER Mrs Kanthamma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.SREEMANNARAYANAVATTIKUTI Counsel for the Respondent{S); 1.GP FOR REVENUE The Court made the following ORDER; The Writ Petition under Article 226 of the Constitution of India is filed by 1. the Petitioner for the following relief: to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the Respondents particularly Respondent No.4 Tahsildar Lepakshi Mandal in issuing Notice Rc.No.230/2024, dated 02.01.2025 as arbitrary 2 illegal and in violation of Section 4 of the Andhra Assigned Lands Prohibition of Transfers Act 1977 in 2023 Articles 14 and 300A of the Constitution of India the principles of natural justice and consequently direct the Respondents especially Respondent No. 4 Petitioner lawful ownership of the lands bearing Sy. No. 85-3 to an extent of Ac.4-07 cents Sy.No. 85-7 to an extent of Ac.3-67 cents and Sy.No.85-1 to an extent of Ac.1-40 cents respectively of Kalluru Village, Lepakshi Mandal, Sri Satya Sai District and restrain them from taking including forfeiture or eviction pursuant to the impugned notice and pass other order” Pradesh as amended and to recognize the any coercive action 2. The case of the petitioner is that the petitioner is the absolute and possessor of the subject land situated in Sy. No. 853 to an extent of Ac. 4.07 cents, Sy. No. 857 to owner an extent of Ac. 3.67 cents, and Sy. No. 851 to an extent of Ac. 1.40 cents, respectively, in Kalluru Village, Lepakshi Mandal, Sri Satya Sai District and having acquired the subject land from her original assignees/pattadars by way of valid agreements executed in the year 1961 via D-Form patta, since then the petitioner has been in possession and enjoyment of the subject land ever since. While so, the 4th respondent issued an illegal show cause notice dated 02.01.2025 under Section 3(2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, seeking forfeiture of the land despite the petitioner having valid title and possession. 3 The learned counsel for the petitioner submits that the 4th respondent had earlier mutated the petitioner’s name in the revenue records after due verification. Pursuant to the notice issued by the 4th respondent dated 02.01.2025 under Section 3(2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, the petitioner submitted his explanation dated 10.02.2025. He further submits that, without conducting a proper enquiry, and without due consideration of the petitioner’s lawful ownership, despite his name being duly mutated in the revenue records and without examining the petitioner’s explanation dated 10.02.2025, the 4th respondent is trying to resume the petitioner’s ownership of the subject land is illegal, arbitrary and colorable exercise of power. Hence the writ petition. 3. The learned Assistant Government Pleader for Revenue appearing for 4. the respondents submits that the respondents’ authorities will consider the explanation submitted by the petitioner dated 10.02.2025, to the notice issued by the 4th respondent dated 02.01.2025 under Section 3(2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and pass appropriate order in accordance with law within a reasonable time. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of the material available on record this court is of the considered view that, the present writ petition can be 5. ::4;: disposed of by directing the respondents authorities to consider the dated 10.02.2025 pursuant to the 02.01.2025 under section 3 (2) of of Transfers) Act, 1977 and explanation submitted by the petitioner notice issued by the 4th respondent dated the Andhra Pradesh Assigned Lands (Prohibition pass appropriate order in accordance with law after providing of hearing to the petitioner and other stake holders (02) months from the date of an opportunity if any within a period of two receipt of the copy of this order. Consequently, interlocutory applications pending, if any, shall also stand closed. Sd/- K.J. RA^BABU ASSISTANT F^ISTRAR //TRUE COPY// P/ SECTION OFFICER To The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The District Collector, Puttaparthy, Sri Satya Sai District. The Revenue Divisional Officer, Penukonda, Sri Satya Sai District. The Tahasildar, Lepakshi Mandal, Sri Satya Sai District. One CC to Sri Sreemannarayana Vattikuti, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. ssb HIGH COURT \ DATED:28/04/2025 ORDER WP.No.10772 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS