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High Court of Andhra Pradesh · body

2025 DAILYLAW 5922 (AP)

Kalluri Chandra Sekhar Reddy, v. The state of Andhra Pradesh,

WP/3221/2020 · 2025-02-17

Kiranmayee Mandava

body2025

Judgment text

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APHC010053462020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: Kalluri Chandra Sekhar Reddy and others The State of Andhra Pradesh and others Counsel for the Petitioners: 1. K Muni Reddy Bala Prasad Counsel for the Respondents: 1. GP for Revenue (AP) The Court made the following order: Challenging the action of the 4 petitioners from the house sites measuring an extent of Ac.0.03 cents in plot Nos.1, 2, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 47, 48, 64, 71, 72, 79 in Sy.No.1774/2 and plot Nos.8, 61, 78 in Sy.No.177 Sy.No.1779/2 and plot Nos.7, 26, 28, 82 in Sy.No.1779/1, 2 and plot No.107 in Sy.No.1779 situated in Chennampalli Village, Badvel Town, YSR Kadapa District, the instant writ petition is filed. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3221/2020 Kalluri Chandra Sekhar Reddy and others ...Petitioners AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioners: K Muni Reddy Bala Prasad Counsel for the Respondents: made the following order: Challenging the action of the 4th respondent in trying to dispossess the house sites measuring an extent of Ac.0.03 cents in plot Nos.1, 2, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 47, 48, 64, 71, 72, 79 in Sy.No.1774/2 and plot Nos.8, 61, 78 in Sy.No.1779/1 and plot Nos.10, 11, 12, 83, 98, 108 in Sy.No.1779/2 and plot Nos.7, 26, 28, 82 in Sy.No.1779/1, 2 and plot No.107 in Sy.No.1779 situated in Chennampalli Village, Badvel Town, YSR Kadapa , the instant writ petition is filed. IN THE HIGH COURT OF ANDHRA PRADESH [3458] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioners ...Respondents to dispossess the house sites measuring an extent of Ac.0.03 cents in plot Nos.1, 2, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 47, 48, 64, 71, 72, 79 in Sy.No.1774/2 9/1 and plot Nos.10, 11, 12, 83, 98, 108 in Sy.No.1779/2 and plot Nos.7, 26, 28, 82 in Sy.No.1779/1, 2 and plot No.107 in Sy.No.1779 situated in Chennampalli Village, Badvel Town, YSR Kadapa 2. Heard Sri K.Muni Reddy Bala Prasad, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. It is contended that the petitioners have purchased the house site plots in an extent of Ac.0.03 cents each, in the year 1994. The, learned counsel for the petitioners submits that the sale documents are unregistered. 4. The 4th respondent filed a counter affidavit stating that the lands were assigned in favor of the assignees with a condition that they should construct their respective houses within a period of 12 months from the date of assignment, however, the land remains vacant. The petitioners did not construct any houses, thus violating the conditions of the assignment. The 4th respondent contends that the petitioners' transactions are in violation of the conditions of assignment and the provisions of the Andhra Pradesh Assigned Land (Prohibition of Transfers) Act, 1977. He further submits that the petitioners have not produced any documents in support of their contention that they purchased the land from the assignees. 5. However, having regard to the fact that the petitioners have not been issued any show-cause notice before the proposed action, this Court holds that it is incumbent on the part of the respondents to comply with the principles of natural justice and the provisions of Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007. The petitioners are entitled for issuance of a notice. In view of the same, this Court is of the considered view that if any action is contemplated against the petitioners, the respondents shall issue a show-cause notice in accordance with law and pass appropriate orders thereafter. 6. With the above observation, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.02.2025 BSK 163 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3221/2020 Date: 17.02.2025 BSK