::1:: APHC010206972025 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: 10792/2025 Between: K Mohan Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: 1. The Writ Petition under Article 226 of the Constitution of India is filed by 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 Pradesh Assigned Lands Prohibition of Transfers Act 1977 as amended in 2023 Articles 14 and 300A of the Constitution of India and the principles of natural justice and consequently direct the Respondents especially Respondent No 4 to recognize the Petitioners lawful ownership of the lands bearing Sy.No.88-2 to an extent of Ac.5-13 cents Sy.No.88-5 to an extent of Ac.1-45 cents and Sy.no.88-6 to an extent of Ac.1-66 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 and pass other order” 2. The case of the petitioner is that the petitioner is the absolute owner and possessor of the subject land situated in Sy.No.88-2 to an extent of Ac.5- 13 cents Sy.No.88-5 to an extent of Ac.1-45 cents and Sy.no.88-6 to an extent of Ac.1-66 cents respectively of Kalluru Village Lepakshi Mandal Sri Satya Sai District and having acquired the subject land from his original assignees/pattadars by way of valid agreements executed in the year 1955 via D-Form pataa, 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:: 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 forfeit the petitioner’s ownership of the subject land. Hence the writ petition. 4. The learned Assistant Government Pleader for Revenue appearing for the respondents submits that the respondents’ authorities will consider the explanation submitted by the petitioner dated 10.02.2025, 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. 5. 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 ::4:: record this court is of the considered view that, the present writ petition can be disposed of by directing the respondents authorities to consider the explanation submitted by the petitioner dated 10.02.2025 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 and pass appropriate order in accordance with law after providing an opportunity of hearing to the petitioner and other stake holders if any within a period of two (02) months from the date of receipt of the copy of this order. In the meanwhile, status-quo obtaining as on today shall be maintained by both parties in respect of the subject property. (6) With the above direction, the writ petition is disposed of. No costs. Consequently, interlocutory applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA,J Dt: 28.04.2025 klk ::5:: 141 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10792 of 2025 28.04.2025 klk