[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10860 OF 2025 Between: Sudhakar Vanguru, S/o Vanguru Venkateswarlu Reddy, Aged about 35 years, R/o 5/268, chanakya purl, beside Telugu ganga project, Dycus road, N el lore. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its PrI. Secretary, Revenue Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Tahsildar, Podalakur Village and Mandal, SPSR Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3^^ respondent in issuing notice vide R.C.B no 91 of 2023 dated 08.04.2025 under A.P. Assigned Lands (Prohibition of Transfers) Act 1977 without conducting proper enquiry as illegal, irregular, arbitrary and contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act 1977 and the rules framed there under and offends Art 14, 19, 21 and 300 A of the Constitution of India and consequently direct the respondents consider the explanation/objections dated 22.04.2025 submitted by the petitioner before passing orders under A.P. Assigned Lands (Prohibition of Transfers) Act 1977. to lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 not to dispossess the petitioner from his land with an extent of Ac 3.47 cents in Sy.no. 248 of Nallapalem Village, Podalakur Mandal, SPSR Nellore District without due process of law. Counsel for the Petitioner(s):SRL SIVAPRASAD REDDY VENATI Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010218602025 •IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10860/2025 Between: Sudhakar Vanguru ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI 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 appropriate writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in issuing notice vide R.C.B no 91 of 2023 dated 08.04.2025 under A.P. Assigned Lands (Prohibition of Transfers) Act 1977 without conducting proper enquiry as illegal, irregular, arbitrary and contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act 1977 and the rules framed there under and offends Art 14, 19, 21 and 300 A of the Constitution of India and consequently direct the respondents to consider the explanation/objections dated 22.04.2025 submitted by the petitioner before passing orders under 1 A.P. Assigned Lands (Prohibition of Transfers) Act 1977 and to pass such other order or orders... ” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject agricultural land, admeasuring to an extent of Ac.3.47 cents, situated in Sy. No. 248 of Nallapalem Village, Podalakur Mandal, SPSR Nellore District. The subject property is an ancestral in nature, and the petitioner has been in continuous possession and enjoyment of the same. The petitioner was issued pattadar passbooks, and his name was duly mutated in the revenue records. While things stood thus, the 3rd respondent issued the impugned notice in Form-2, dated 08.04.2025 under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act 1977, to the petitioner, alleging that the petitioner had acquired the subject land from an assignee. For which, the petitioner submitted an explanation dated 22.04.2025, clarifying that the property is an ancestral property and not acquired from any assignee. However, without considering the petitioner’s explanation, the 3rd respondent proceeded to issue the notice in Form-2, treating the transaction as if the land had been purchased from an assignee. He further submits that since the land in question is an ancestral property, and not purchased from any assignee, the notice in Form-2 issued by the 3rd respondent dated 08.04.2025 under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act 1977 is liable to be set aside. 3. was On the other hand, the learned Assistant Government Pleader for 4. Revenue appearing for the respondents furnished written instructions dated 05.05.2024 issued by the 3'"'^ respondent wherein it is stated as follows:- “14. It is submitted that the Tahsildar, Podatakur had issued proceedings for withdrawn the Form-1 and Form- 11 Notices under AP Assignment (POT) Act-1977 Issued to Smt. Neelam Kalavathy W/o. Hanuma Reddy and Sri Onguru Sudhakar Reddy S/o. Venkateswara Reddy respectively as the office staff had prepared erroneously and the same was approved due to heavy work load and over sight and further action will be initiated as due procedure under BSO-15 and other orders received from the Government from time to time as mentioned in joint collector Proceedings vide this office in Re.B.91/2023 dt:02.05.2025. In view of the above facts, it is submitted that the land to an extent of Acs. 3.09 Cents in Sy. No:248 is Government land and the said land was not assigned to the Writ Petitioner Sri Onguru Sudhakar Reddy S/o. Venkateswara Reddy and the same was encroached by the Writ Petitioner. Hence, Notice Under Section 7 of Andhra Pradesh Act-Ill of 1905 has to be issued to the Writ Petitioner but erroneously issued Form-ll to the encroacher and Writ Petitioner and the same was withdrawn vide Proceedings of this office in Rc.B. 91/2023 dt:02.05.2025”. / I Having regard to the submissions made by the learned counsel for the petitioner and upon perusal of the written instructions issued by the 3rd respondent, furnished by the learned Assistant Government Pleader for Revenue, it is observed that the subject land is not an assigned land, the petitioner is not a purchaser of the land from any assignee, and the said land is government land. It is further observed that the authorities clearly and categorically admit that the Form-2 notice dated 08.04.2025 under the 5. provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act 1977 was erroneously issued to the petitioner. Therefore, for the reasons as stated above, the impugned Form-2 notice issued by the 3rd 'respondent dated 08.04.2025 is hereby set aside. However, if the respondents intend to take any action against the petitioner in respect of the subject property, they shall proceed strictly in accordance with law and follow the due procedure as contemplated under the law. 6. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SOI- G. SRINIVASA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Revenue Department, State of Andhra Pradesh, AP Guntur District.[By Special Secretariat, Velagapudi, Amaravathi Messenger] 2. The District Collector, Nellore, SPSR Nellore District. 3. The Tahsildar, Podalakur Village and Mandal, SPSR Nellore District [2 & 3 BY RPAD] 4. One CC to SRI. SIVAPRASAD REDDY VENAT I Advocate [OPUC] 5. Two CCs to GP FOR REVENUE,High Court of Andhra Pradesh. [OUT] 6. Three CD Copies HIGH COURT DATED:05/05/2025 ORDER ^ 15 JUN 2025 ^ <3.\ Sissts.s WP.No.10860of2025 DISPOSING OFF THE WRIT PETITION WITHOUT COSTS