APHC010179992016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION Nos.: 9718, 9735 & 9438 of 2016 WRIT PETITION NO: 9718/2016 Between: 1. R.K. TOWNSHIP PROMOTERS PVT. LTD.,, 47-10-32, GUTHIKONDA MANSION, DWARKA NAGAR, VISAKHAPATNAM REP. BYIT'S MANAGING DIRECTOR M.MALAKONDAIAH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH REP, BYIT'S SECRETARY, REVENUE DEPT., SECRETARIAT BUILDINGS, HYDERABAD 2. MANDAL REVENUE OFFICER JONNADA, VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ of Mandamus declaring that the impugned Letters No. 282/2016/A Dated 26-02-2016 issued by Respondent No. 2 as Show Cause Notices to the Petitioner Company as to why the power underSection 4(2) of The Andhra Pradesh Assigned Lands ( Prohibition of Transfers) Act, 1977 shall not be exercised for evicting Petitioner company and resume lands admeasuring Ac.2.27 Cents in Survey No. 86-10, Ac.1.58 Cents in Survey No. 92-3 and Ac.0.30 cents in Survey no. 92-4 , of Jonnada Village, Denkada Mandal, Vizayanagaram Dist., Andhra Pradesh , as arbitrary, unreasonable, unfair, in violation of principles of natural justice, unconstitutional being 2 RRR, J W.P.Nos.9718 of 2016 & batch violative Articles 14 and 21 of the Constitution of India and consequentially set aside the said Notice. IA NO: 1 OF 2016(WVMP 1990 OF 2016 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 vacate the interim orders granted in WPMP. No. 12277 of 2016 in WP. No. 9718 of 2016, dated: 23-03-2016 and dismiss the writ petition and pass IA NO: 2 OF 2016(WPMP 12277 OF 2016 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 impugned Letters No. 282/2016/A dated 26-02-2016 issued by Respondent No. 2 forlands admeasuring Ac. 2.27 cents in Survey No. 86-10, Ac. 1.58 cents in Survey No. 92-3 and Ac. 0.30 cents in Survey No. 92-4, of Jonnada Village, Denkada Mandal, Vizianagaram Dist., Andhra Pradesh Counsel for the Petitioner: 1. CH VEDAVANI Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) WRIT PETITION NO: 9735/2016 Between: 1. R.K. TOWNSHIP PROMOTERS PVT. LTD.,, 47-10-32, GUTHIKONDA MANSION, DWARKA NAGAR, VISAKHAPATNAM REP. BYIT'S MANAGING DIRECTOR M.MALAKONDAIAH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BYIT'S SECRETARY, REVENUE DEPT., SECRETARIAT BUILDINGS, HYDERABAD 3 RRR, J W.P.Nos.9718 of 2016 & batch 2. MANDAL REVENUE OFFICER, JONNADA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ of Mandamus declaring that the impugned Letters No. 282/2016/A Dated 26-02-2016 issued by Respondent No. 2 as Show Cause Notices to the Petitioner Company as to why the power underSection 4(2) of The Andhra Pradesh Assigned Lands ( Prohibition of Transfers) Act, 1977 shall not be exercised for evicting Petitioner company and resume lands admeasuring Ac.1.05 Cents in Survey No. 90-2, Ac.3.75 Cents in Survey No. 92-1 and Ac.0.04 cents in Survey no. 91-2, of Jonnada Village, Denkada Mandal, Vizayanagaram Dist., Andhra Pradesh , as arbitrary, unreasonable, unfair, in violation of principles of natural justice, unconstitutional being violative of Articles 14 and 21 of the Constitution of India and consequentially set aside the said Notice IA NO: 1 OF 2016(WVMP 1984 OF 2016 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 vacate the interim orders granted in WPMP. No. 12297 of 2016 in WP. No. 9735 of 2016, dated: 23-03-2016 and dismiss the writ petition IA NO: 2 OF 2016(WPMP 12297 OF 2016 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 impugned Letters No. 282/2016/A Dated 26-02-2016 issued by Respondent No. 2 forlands admeasuring Ac.1.05 Cents in Survey No. 90-2, Ac.3.75 Cents in Survey No. 92-1 and Ac.0.04 cents in Survey no. 91-2, of Jonnada Village, Denkada Mandal, Vizayanagaram Dist., Andhra Pradesh Counsel for the Petitioner: 1. CH VEDAVANI Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 4 RRR, J W.P.Nos.9718 of 2016 & batch 2. GP FOR REVENUE (AP) WRIT PETITION NO: 9438/2016 Between: 1. R.K. TOWNSHIP PROMOTERS PVT. LTD.,, 47-10-32, GUTHIKONDA MANSION, DWARKA NAGAR, VISAKHAPATNAM REP. BYIT'S MANAGING DIRECTOR M.MALAKONDAIAH ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BYIT'S SECRETARY, REVENUE DEPT., SECRETARIAT BUILDINGS, HYDERABAD 2. MANDAL REVENUE OFFICER JONNADA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ of Mandamus declaring that the impugned Letters No. 282/2016/A Dated 26-02-2016 issued by Respondent No. 2 as Show Cause Notices to the Petitioner Company as to why the power underSection 4(2) of The Andhra Pradesh Assigned Lands ( Prohibition of Transfers) Act, 1977 shall not be exercised for evicting Petitioner company and resume lands admeasuring Ac.0.36 Cents in Survey No. 84-2 , Ac.0-41 Cents in Survey No. 84-3 , Ac.0.28 cents in Survey no. 85-13 , Ac.0.54 cents in Survey no. 87-1 , Ac.1.39 cents in Survey no. 88-3 and Ac. 0.10 cents in Survey no. 91-5 of Jonnada Village, Denkada Mandal, Vizayanagaram Dist., Andhra Pradesh ,as arbitrary, unreasonable, unfair, in violation of principles of natural justice, unconstitutional being violative of Articles 14 and 21 of the Constitution of India and consequentially set aside the said Notice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2016(WVMP 2238 OF 2016 5 RRR, J W.P.Nos.9718 of 2016 & batch 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 orders granted in W.P.M.P. No. 11941 of 2016 in W.P. No. 9438 of 2016, dated 22-03-2016 and dismiss the writ petition. IA NO: 2 OF 2016(WPMP 11941 OF 2016 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 impugned Letters No. 282/2016/A Dated 26-02-2016 issued by Respondent No. 2 for lands admeasuring Ac.0.36 Cents in Survey No. 84-2 and Ac.0-41Cents in Survey No. 84-3 Ac.0.28 cents in Survey no. 85-13 , Ac.0.54 cents in Survey no. 87-1 , Ac.1.39 cents in Survey no. 88-3 and Ac. 0.10 cents in Survey no. 91-5 of Jonnada Village, Denkada Mandal, Vizayanagaram Dist., Andhra Pradesh and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. CH VEDAVANI Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) 6 RRR, J W.P.Nos.9718 of 2016 & batch The Court made the following common order: As these three Writ Petitions relate to the same issues, and have been filed by the same petitioner, they are being disposed of, by way of this common order. 2. It is a case of the petitioner that he had purchased three separate pieces of land admeasuring over Ac.86.10 cents in Sy.No.2-27, land admeasuring Ac.92.3 cents in Sy.No.1-58 and land admeasuring Ac.92.4 cents in Sy.No.85-13 of Jonnada Village, under registered deeds of sale. 3. The petitioner has approached this Court, by way of these three Writ Petitions, being aggrieved by various notices, under Form- II, issued by the 2nd respondent, under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Regulations, calling upon the petitioner to show cause why the land purchased by him should not be taken back after evicting the petitioner from his lands. The notices only state that the lands mentioned in the said notices had been assigned to persons mentioned in the notices. 4. The contention of the learned counsel for the petitioner is that such notices are bereft of any details and cannot be the basis on which any further proceedings can be initiated against the petitioner. The learned counsel would also contend that the petitioner is not in a position to answer these show-cause notices as no details as to the manner in which the land is said to have been assigned, the date of assignment, the revenue records if 7 RRR, J W.P.Nos.9718 of 2016 & batch any, recording such assignment, etc., are available to the petitioner, as none of these have been either mentioned in the show-cause notices or provided along with the show-cause notices. 5. A learned Single Judge of this Court by interim orders, dated 23.03.2016, had suspended the show-cause notices on essentially the aforesaid grounds. 6. After the orders of suspension had been passed, the respondents have filed counter affidavits raising various grounds and enclosing material, which is said to be the basis on which the show-cause notices had been issued. 7. This Court does not propose to go into these averments and the documents, in as much as the petitioner would have to be given an opportunity of representing these documents and the material before the Revenue Authorities and it would not be appropriate for this Court to go into the fact finding exercise. 8. It may also be recorded that the learned counsel for the petitioner has relied upon a Judgment of the erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad, in the case of Dasari Narayana Rao & another vs. Deputy Collector and Mandal Revenue Officer, Serilingampalli, R.R. District and Others1. 1 (2010) 6 ALD 536 8 RRR, J W.P.Nos.9718 of 2016 & batch 9. In the aforesaid judgment, the learned Single Judge of the erstwhile High Court, after reviewing the law in this regard, had held that a show-cause notice of this nature, which is bereft of any details, would have to be set aside and sufficient steps would have to be taken in accordance with law. 10. In view of the aforesaid directions of the erstwhile High Court of Andhra Pradesh, it would only be appropriate to dispose of these Writ Petitions with the following directions: 1) The respondent shall serve upon the petitioner all the material documents that the 2nd respondent proposes to rely upon to recognize the land in question as assigned land, which falls within the ambit of A.P. Assigned Lands (Prohibition & Transfer) Act, 1977. 2) Upon service of such material, it would be open to the petitioner to respond to this notice and the material served on the petitioner within a period of four (04) weeks from the date of receipt of this order. It would also be open to the petitioner to seek further time, if necessary material could not be collected by the petitioner, within a period of four (04) weeks. 3) The 2nd respondent, after receipt of the objections of the petitioner, shall pass orders, with reasons, after considering the said objections and the material that may be placed before the 2nd respondent by the petitioner. 9 RRR, J W.P.Nos.9718 of 2016 & batch 11. With the above said directions, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J 10.10.2025 MJA 10 RRR, J W.P.Nos.9718 of 2016 & batch 159 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION Nos.: 9718, 9735 & 9438 of 2016 10.10.2025 MJA