IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11253 OF 2025 Between: Padarthi Hari Kumari, W/o Ramarao, Age 60 years, Occ: Cultivation, R/o. Motumala Village, Kothapatnam Mandal, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to the Government. Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District 2. The District Collector, Prakasam District at Ongole 3. The Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. 4. The Revenue inspector, Kothapatnam Mandal, Prakasam District. 5. The Tahsildar, Kothapatnam Mandal, Prakasam District. 6. Purini Aadinarayana, S/o. Late. Purini Ramaiah, Age 45 OccAPSP Constable. 7. Chinigi Kondamma, D/o. Late. Purini Ramaiah, Age 35 years, Occ Cultivation. 8. K.Lakshamamma, D/o. Late. Purini Rama Rao, Age 34 years, Occ Cultivation. 9. Ch. Tirupatamma, D/o. Late. Purini Rama Rao, Age 33 OccCultivation. 10. Ch. Aruna, D/o. Late. Purini Rama Rao Age 32 years, Occ Cultivation. years. years f ‘ Respondents No. 6 to 10 are residents of Motumala Village, Kothapatnam Mandal, Prakasam 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly 4th and 5th respondent insisting me to vacate from my agricultural landed property admeasuring an extent of Ac. 2 50 cents covered by S.No 826-4 situated at Motumala Revenue Village Kothapatnam Mandal in Prakasam District, under the guise of Show Cause Notice dated 15.03.2025 in Form-ll under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Rules, 2007, in proceedings No. R.C. B/127/2024, without issuing Notice in Form-I and without considering my Objections/Explanation dated 28.03.2025 to the said notice as illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice, contrary to provisions of Andhra Pradesh Assigned (Prohibition of Transfers) Act, 1977, Rules framed there under and Articles 14, 21 and 300-A of Constitution of India and the respondents not to interfere in any manner with my possession over the said agricultural landed properties. lA NO: 1 OF 2025 may of Lands offends consequently direct 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 suspend the operation of Show Cause Notice dated 15.03.2025 m Form-ll under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Rules, 2007, in proceedings No.R.C.B/127/2024 issued by 5th respondent and consequently direct the respondents particularly respondent not to interfere in 5th any manner with my possession over agricultural land to an extent of Ac Ac 2.50 cents covered by S.No 826-4 situated at Motumala Revenue Village of Kothapatnam Mandal in Prakasam District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SMT. NI MM AGAD DA REVATHI Counsel for the Respondent Nos. 1 to 5: GP FOR ASSIGNMENT Counsel for the Respondent Nos. 6 to 10: — The Court made the following: ORDER APHC010213612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11253/2025 Between: Padarthi Hari Kumari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR ASSIGNMENT The Court made the following: % THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11253/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: "to issue a writ, order direction more particularly one In the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly 4"" and 5"’ respondent insisting me to vacate from my agricultural landed property admeasuring extent of Ac.2.50 cents covered by S. No. 826-4 situated at Motumala Revenue Village of Kothapatnam Mandal in Prakasam District under the guise of Show Cause Notice dated 15.03.2025 in Form-ll under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Rules, 2007, No.R.C.B/127/2024 without Issuing Notice in Form-1 and without considering my Objections/Explanation dated 28.03.2025 to the said notice as illegal. Irregula,r Irrational, without jurisdiction violative of principles of natural justice contrary to provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, Rules framed there under and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere In any manner with an in proceedings my possession over the said agricultural landed properties and pass such other order or orders.. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of 1 Ac.2.50 cents in Sy.No.826-4 situated at Motumala Revenue Village of Kothapatnam Mandal in PraRasam District, having acquired the same by way of D-Form patta in the year, 2001. Since then, the petitioner has been in peaceful possession and enjoyment of the subject land. While so, without following due process of law, respondent No.4 herein issued a notice dated 15.03.2025 in Form-ll alleging that the petitioner acquired the subject property in contravention to terms of the assignment. For which, the petitioner herein submitted a detailed explanation dated 28.03.2025 substantiating that the petitioner was granted patta and she did not acquire the subject property from any assignee. Without considering the explanation submitted by the petitioner even though they invited by way of Form-ll notice, the respondents interfering with the peaceful possession and enjoyment of the property of the petitioner. Aggrieved by the same, the petitioner herein filed the present writ petition. are 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 25.04.2025, wherein the relevant portion of the said instructions is extracted hereunder: “After checking the village revenue records related to Survey No. 826/4 of Motumala Villag e, Kothapatnam Mandal, it has become even clearer that the petitioner, Smt.Padarthi Had Kumar, does not have any legal right ore valid ownership over the assigned land. When compared with other papers available in 1B &1A registers, the peers bearing the petitioenrs’ name were written in the similar handwriting as the old appers writing and were inserted in the same place in 1B & 1A. These fabricated entries were thoroughly examined in the course of a formal enquiry by the filed officers Mandal Revenue Inspector and Village Revenue Officer, they confirmed that no DK patta exists In the name of Smt. Padarthi Had Kumari in the official DK registers maintained at the Tahslldars office. The patta number 32/1410 mentioned by t he petitioner was thoroughly verified and M/as found to be nonexistent in the relevant assignment registers, thereby confirming that the petitioner’s claim of assigned Is false and unfounded. Further, on perusal of the document (enclosed) submitted by the legal heirs of original assignee, the name of the original assignee, late Sri Purini Ramaiah, was replaced with the petitioner’s name, but there is no official order or proper process to support this change. These changes seem to have been made against the rules set by the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Therefore, It is most respectfully submitted that the petitioner’s writ petition, being based on forged and tampered documents, is not maintainable in law. The action taken under the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 and the Rules 2007, Including issuance of notices and initiation of proceedings, is fully in accordance. ” ‘ \ 5. Learned Government Pleader appearing for the respondents further submits that the petitioner was never issued any patta but she acquired the property from the original assignee from late Sri Purini Ramaiah. He further submits that since the petitioner submitted her explanation dated 28.03.2025 to the notice dated 15.03.2025, the respondents would consider and dispose of the same by assigning reasons, within a reasonable time, in accordance \ with law. 6. Having regard to the submissions made by the learned counsel for the petitioner- and learned Government Pleader for the respondents and perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the explanation dated 28.03.2025 submitted by the petitionerto the Form-ll notice dated 15.03.2025 issued by the respondents and on pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of two (02) months from the date of receipt of a copy of this order, in accordance with law. Till then. Status quo obtaining as on today shall be maintained by all the parties concerned in respect of the subject property. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary to the Government. Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District 2. The District Collector, Prakasam District at Ongole 3. The Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. 4. The Revenue Inspector, Kothapatnam Mandal, Prakasam District. 5. The Tahsildar, Kothapatnam Mandal, Prakasam District. 6. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] 7. Two CCs to GP for Assignment, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies HIGH COURT -t- ■; DATED:01/05/2025 ORDER WP.No.11253 of 2025 /o ■V foc: o 18 JUN 2125 O 60/ DISPOSING OF THE W.P., WITHOUT COSTS