\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6548 OF 2021 Between: Jorige Satyanarayana, S/o Rama Rao, aged about 53 years, Occ. Business, R/o D.No. 13/101, Ganganamma Chettu, Pathapeta, Nuzvid Town and Mandal, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Revenue Department, rep. by it's PrI. Secretary, Secretariat, Velagapudi Village, Guntur District. The District Collector, Krishna District, Machilipatnam. Joint Collector and Additional District Magistrate, Krishna, Machilipatnam. The Sub-Collector / Revenue Divisional Officer, Nuzvid, Krishna District. The Tahsildar, Nuzvid Mandal, Krishna District. 2. 3. 4. 5. ...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 an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the order dated 27- 02-2021 made in D.Dis.E3/3234/2020 ( Appeal No. 4/2020 ) of the 3rd respondent confirming the orders dated 27-06-2020 made in Rc. A/462/2020 of 4th may respondent and orders in A/494/2019 dated 3-12-2019 of 5th respondent, in respect of land admeasuring Ac.2-70 cents in R.S.No. 644/2 of Nuzvid ^..S/ill^e and Mandal, Krishna District Jf- . .. as illegal, arbitrary and violative of W. f ^jf^es of natural justice and contrary to settled law and consequently rv, respondents not to interfere with tS-petitioner over the land admeasuring Ac.2-70 cents in R.SNo. 64412 of Nuzvid Village and Mandal, Krishna District. possession and enjoyment of % lA NO: 1 OF 2021 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 not to interfere with possession and enjoyment of the petitioner over the land admeasuring Ac.2-70 R.S.No. 644/2 of Nuzvid Village and Mandal cents in Krishna District, by suspending the proceedings in Rc. A/494/2019 dated 3-12-2019 of 5th respondent, as confirmed by the 4'^ respondent through order dated 2020 made in Rc A/462/2020 and 3'^^ 27-06- respondent through order dated 27/02/2021 made in D. Dis E3/3234/2020 {Appeal No. 4/2020) pending disposal of the Writ Petition. lA NO: 1 OF 2079 1. The State of Andhra Pradesh, Revenue Department, rep. by it's PrI Secretary, Secretariat, Velagapudi Village, Guntur District. 2. The District Collector, Krishna District, Machilipatnam. 3. Joint Collector and Additional District Magistrate, Krishna, Machilipatnam. 4. The Sub-Collector / Revenue Pivisional Officer, Nuzvid, Krishna District. 5. The Tahsildar, Nuzvid Mandal, Krishna District. ...Petitioners/Respondents AND / ^ - Jorige Satyanarayana, S/o Rama Rao, aged about 53 years, Occ. Business, R/o D.No. 13/101, Ganganamma Chettu, Pathapeta, Nuzvid Town and Mandal, Krishna District. / ...Respondent/Petitioner 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 vacate the interim order dt: 20-03-2021 in IA.No.1 of 2021 in WP. No.6548 of 2021 and dismiss the writ petition. Counsel for the Petitioner: SRI. SREENIVASA RAO VELIVELA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 - / APHC010105632021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSANDAND TWENTYFIVE / [3332] PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6548/2021 Between: Jorige Satyanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1.GP FOR REVENUE V 2 The Court made the following Order: Impugning the proceedings of the 3^^ respondent in D.Dis.No.E3/3234/2020 dated 27.02.2020 confirming the orders passed in Rc.A/462/2020 dated 27.06.2020 by the 4*^ respondent th and the orders passed in A/494/2019 dated 03.12.2019 by the 5 respondent whereby the land ad-measuring Ac.2.70 cents in R.S.No.644/2 of Nuzvid Village and Mandal, Krishna District is resumed, the present writ petition is filed. 02. Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioner and Sri Praneeth, learned Assistant Government Pleader for Revenue. 03. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that invoking the provisions of Section 9 of the AP Assigned Lands (Prohition of Transfers) Act, 1977, the primary authority i.e., Tahsildar, Nuzivudu has issued Form-11 to the petitioner, to which an explanation was submitted, but, the primary authority without considering the explanation submitted by the petitioner, passed orders resuming the land the ground that the petitioners has not offered any explanation within a time prescribed. He further submits that aggrieved by the on 3 orders of the primary authority, the petitioner preferred before the Respondent No.4/Sub-Collector, an appeal Nuzividu, wherein a categorical stand has been taken that inspite of submitting explanation given by the petitioner, the proper primary authority i.e., Tahsildar, Nuzivudu did not take into consideration. Despite raising a specific ground.that as per the procedure contemplated under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, it is mandatory for the authorities to issue Form-I and II notices to both the assignee and transferee, however, in this case, Form-I was not served to either alleged assignee or appellant and Form-ll was only issued to appellant and the statutory procedure has been violated by the primary authority. But the Appellate Authority i as such Sub-Collector I.e., erroneously dealt with the said issue stating that there is no Rule for issuing Form-I and II to both transferee and assignee. Whereas the Joint Collector in a mechanical fashion confirmed the orders of the primary authority as well as the appellate authority. If the said impugned orders are allowed to subsist, it affects the rights of the petitioner and, it of justice and prayed to pass appropriate orders interest of the petitioner. amounts to miscarriage protecting the 4 ^ ■ 04. On the other hand, the learned Assistant Government Pleader, while justifying the proceedings impugned in the present writ petition, contended that the authorities have dealt with the issue in a right perspective and the orders have been passed by following the procedure under the law. The petitioner has not made out any valid and justifiable grounds warranting interference of this Court. The writ petition is devoid of merits and is liable to be dismissed. 05. Perused the material available on record and considered the submissions of both the learned counsel. 06. The main ground that has been drawn to the attention of this Court is that the primary authority, while invoking the provisions of Act 1977, did not issue notice in Form-I and II to both transferee and transferor. The appellate authority, though a ground has been raised at ground No.5, has given a finding that there is no rule position to serve Form-I and II to both parties, Form-I I is given to the transferee (assignee) and Form-I cannot be given to the assignee or transferee as he is dead and it is served through affixture on the subject land. If the assignee is no more, it is statutory duty cast upon the authority to serve a notice 5 on the legal representatives of the orders. In M/S.Sudalagunta Collector, Chittoor passed by assignees before passing the Sugars Limited i/s The Joint this Hon’ble Court in W.P.No. 26585 of 2009 dated 29.09.2016, it has been held that "i enquiry taken up under Section 4 of the Act - in an the District Collector or authorized officer shail issue notices in Form-1 and Form- li to the transferor and transferee ” 07. The \aw is well settled that the mandatory requirements of the Rule is to serve notice in Form-1 and Form-ll to transferor and transferee as per the provisions of Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfer) Rules, 2007. Thus notice issued in Form-ll to petitioner without serving any notice in Form-1 and also service of notice transferor/assignee of the petitioner without in Form-1 on the serving notice in Form-ll IS a serious irregularity under Rule 3 of the Pradesh Assigned Lands (Prohibition Andhra of Transfers) Rules 2007 (for short the Rules). By virtue of the law in this regard, the orders impugned have to be set aside. This court is not inclined to go into the other aspects. The petitioner has warranting the interference of this Court, impugned are liable to be set aside. made out a case Hence, the order 6 Accordingly, the writ petition is allowed and the / proceedings in D.Dis.No.E3/3234/2020, dated 27.02.2021 issued by the Joint Collector and Additional District Magistrate Krishna, Machilipatnam are hereby set aside. As a corollary, the proceedings in Rc.A.No.462/2020, dated 27.06.2020 issued by the Sub-Collector, Nuzvid and the proceedings issued by the Tahsildar, Nuzvid, in Rc.A./494/2019, dated 03.12.2019 are also herby set aside. However, this order does not preclude the authorities from taking appropriate steps in accordance with law in the event, the subject land is found alienated in contravention of the provisions of Section 3 of the A.P. Assigned lands (Prohibited of Transfers) Act, 1977, if so advised. As a sequel thereto, the miscellaneous applications pending, if any, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANTTREGJSTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi Village, Guntur District. 2. The District Collector, Krishna District, Machilipatnam. 3. The Joint Collector and Additional District Magistrate, Krishna, Machilipatnam. 4. The Sub-Collector / Revenue Divisional Officer, Nuzvid, Krishna District. 5. The Tahsildar, Nuzvid Mandal, Krishna District. 6. One CC to Sri. Sreenivasa Rao Velivela Advocate [OPUC] 7. TwoCCsto GP for Revenue, High Court Of Andhra Pradesh. 8. Three CD Copies [OUT] GSC { HIGH COURT DATED:07/01/2025 \ \ ORDER WP.No.6548 of 2021 ALLOWING OF THE WP WITHOUT COSTS