APHC010062772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3305/2025 Between: Vutukuri Padmavathi, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. T D PANI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the respondents action in trying to dispossess the petitioner from the agricultural land measuring Ac.1.24 Cents and Ac.1.00 Cents in Sy.No. 497/1 Adavi Village, Bapatla Mandal without passing orders after notice issued in Form II under Rule 3 of A P Assigned Lands Prohibition of Transfers Rules 2007 as illegal arbitrary and contrary to the A P Assigned Lands Prohibition of Transfers Rules 2007 and violation of Articles 14, 21 of the Constitution of India and consequently direct the respondents not to interfere and dispossess the petitioners from agricultural land measuring Ac 1 24 Cents and Ac 1 00 Cents in Sy No 497/1 Adavi Village Bapatla Mandal Bapatla District and further direct the 2nd respondent to regularize the possession of the petitioners on receipt of market value by considering the representation dated 19.08./2024 and to pass such other order or orders...” 2. The learned counsel representing the petitioners submits that the petitioners acquired agricultural land admeasuring to an extent of Ac.1.24 cents and Ac.1.00 cents in Sy.No. 497/1, Adavi Village, Bapatla Mandal, from their vendor through registered sale deeds dated 24.01.2014 and 08.07.2014. Since the date of acquisition, the petitioners have been in possession and enjoyment of the said agricultural land, carrying out farming operations without any interruption. During the course of their possession, the petitioners came to know that the subject agricultural land was originally assigned land to their vendor. While things stood thus, respondent No.4, i.e., the Tahsildar, issued a Form-II notice to the 1st petitioner under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, Furthermore, despite issuing the Form-II notice dated 05.07.2023, the respondent authorities have not passed any final order pursuant to the Form-II notice dated 05.07.2023, which is contrary to the Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007. However, the respondents’ authorities are trying to interfere with the petitioners' peaceful possession and enjoyment of the subject property, without following the due process of law as contemplated under the act. Hence the writ petition. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions issued by the 4th respondent, wherein it is stated as follows:- It is submitted that the contention of the petitioners that the 4th respondent i.e., Tahsidar along with staff entered into the subject land on 03.02.2025 and erected a board and tried to destroy the entire crop is false and baseless. The 4th respondent and her staff have not entered into petitioners land and not destryoyed the crop and not warned the petitioners to hand over possession of the land, in fact the petitioners are never been in possession of subject land. Since the government has resumed the land in the year 2024 itself duly evicting the, from the land. hence all the allegations made by the petitioner are incorrect and baseless. For protection of this resumed land from encroachments the field staff was erected board on 03.02.2025 stating that the subject land belongs to the government land and encroachers will be prosecuted as per law. It is submitted that the subject land is an assigned land, the petitioners have purchased this assigned land through unregistered sale deed in violation of provisions of A.P. Assigned lands Act, 1977 and Rules 2007 and kept the same in their possession without any title or right over this land and hence resumed vide Rc.No.497/2023-A, dated 15.07.2024 by following due process of law. Hence this land is government land for all purposes the petitioners are not entitled for this land even on payment of market value as per rules. 4. He further submits that after the issuance of Form-II notice to the petitioner under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, the 4th respondent also passed a final order for the eviction of the petitioners from the subject land on 15.07.2024. In view of this final order, the relief sought by the petitioner has become infructuous. Pursuant to the final order dated 15.07.2024, the respondents have already taken possession of the subject property. 5. In reply, the learned counsel for the petitioners submits that the final order passed by the 4th respondent on 15.07.2024 has not been served upon the petitioners, and they have been in possession and enjoyment of the subject property. 6. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 7. Having considered the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, and on perusal of the material available on record as well as written instructions, this Court observed that, in view of the petitioners' allegation that the final order dated 15.07.2024 did not serve upon them to be considered in the absence of non-explanation of mode of service. Therefore, the respondents are hereby directed to serve the said final order with immediate effect. Upon service of the order, the petitioners are at liberty to challenge the same before the appellate authority by initiating appropriate appeal proceedings under Section 4 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007. Upon receipt of such appeal proceedings, the Appellate authority shall consider the same and pass appropriate orders in accordance with the law. In the meanwhile, status- quo obtaining as on today in respect of the subject property shall be maintained by all the parties concerned. 8. With the above said 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. ______________________________________ VENKATESWARLU NIMMAGADDA, J 01.04.2025 klk 32 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3305 of 2025 01.04.2025 kkllkk