IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI - (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWOTHOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3739 OF 2020 Between: Smt. Akula Eswaramma, W/o. Late Sri A.Sita Rama Venkata Satyanarayana Hindu, aged 60 years, Occ; Cultivation R/o.H.No.4-260, Akulavari Street Sivadevuni Chikkala Village Palakol Maridal, West Godavari District Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, AP 2. The Revenue Divisional Officer Narsapur, West Godavari District Andhra Pradesh. 3. The Tahsildar, Palakol, West Godavari District Andhra Pradesh ...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 a writ of mandamus declaring the order of the 3rd respondent in Roc.No.59/2020/DT dt.27-01-2020 to resume the land to an extent of Ac.0.58 cents in R.S.No.211/5 of Sivadevunichikkala Village, Palakol may Mandal, West Godavari District, Andhra Pradesh as highly illegal, arbitrary, contrary to law and violative of Principles of Natural Justice and also Art.19 85 300A of the Constitution of India and consequently to set aside the said order. lA NO: 1 OF 2021 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, AP 2. The Revenue Divisional Officer Narsapur, West Godavari District Andhra Pradesh. 3. The Tahsildar, Palakol, West Godavari District Andhra Pradesh ...Petitioner AND Akula Eswaramma, W/o. Late Sri A.Sita Rama Venkata Satyanarayana Hindu, aged 60 years, Occ: Cultivation R/o.H.No.4-260, Akulavari Street Sivadevuni Chikkala Village Palakol Maridal, West Godavari District Andhra Pradesh. ...Respondents 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 on 19-03-2020 in WP.No.3739/2020 and dismiss the writ petition. lA NO: 1 OF 2020 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 grant stay of all further proceedings including petitioner's dispossession in pursuance of the order in Roc.No.69/2020/DT dt.27-01- 2020 issued by the 3rd respondent pending disposai of the above petition. writ Counsel for the Petitioner: SRI. TURAGA SAI SURYA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: J 1 APHC010062712020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3739/2020 Between: ...PETITIONER Akula Eswaramma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.TURAGA SAI SURYA Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following order: Heard Sri T. Sai Surya, learned counsel for the petitioner and learned Assistant Government Pleader for the respondents. rd Challenging the order of the 3 respondent vide 2. Roc.No.59/2020/DT, dated 27.01.2020, to resume the land to an extent of Ac.0.58 cents in Rs.S.No.211/5 of Sivadevunichikkala yw 2 s Village, Palakol Mandal, West Godavari District, the present writ petition is filed. It is contended that the petitioner is the absolute owner and possessor of the subject land, the same was purchased by her through a registered sale deed dated 19.10.2006, executed by one Jonnala Satyanarayana. Her vendor purchased the same in the year 2001, under a registered sale deed dated 15.12.2001 from one Nakka Narsaiah, who purchased the same from one Tanda Suvasu Ratnam under a registered sale deed dated 09.03.1998. Mr. T. Suvasu Ratnam inherited the said property from his father 3. T. Narasaih. 4. The 3''* respondent issued notice in Form-1 addressed to the petitioner seeking explanation as to why the land should not be resumed to the Government, since the subject land was assigned in favour of one Tanda Suvasu Ratnam. To the said notice, the petitioner submitted explanation. However, the 3''^ respondent without considering the explanation of the petitioner passed the impugned order resuming the land. It is contended that the subject land is a private patta land and the authorities having recognized the petitioner’s possession over the said property, mutated her name in the revenue records, issued pattadar passbook and title deed. 3 The 3'”'^ respondent filed counter affidavit. 5. It is contended by the respondents that that the assignee in 6. violation of conditions of assignment, has transferred the subject land in favour of the petitioner herein, as such, rightly passed the order of resumption. However, during the course of arguments. learned Assistant Government Pleader has placed a copy of latest / written instructions of Tahsildar, Palakol, on record. A perusal of the I same would reflect that though the impugned proceedings were passed to assign house sites to the eligible homeless beneficiaries under the scheme Navaratnalu-Pedalandariki lllu, but the proposal was withdrawn, as an alternative land was identified and acquired for the said purpose. Therefore, the Tahsildar, Palakol, did not proceed further to resume the land from the petitioner. A perusal of the impugned order and notice would reflect that 7. the notice issued to assignee is not in accordance with Rule 3 of A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 as notice was not served on the original assignee, except issuing notice in Form-1 to the petitioner herein. rd In that view of the matter, the order passed by the 3 8. respondent vide Roc.No.59/2020/DT, dated 27.01.2020, to resume the land to an extent of Ac.0.58 cents in Rs.S.No.211/5 of / 4 ’4 Sivadevunichikkala Village, Palakol Mandal, West Godavari District is hereby set aside. With the above observation, the Writ Petition is allowed. No 9. costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi Amaravathi, Guntur District, AP 2. The Revenue Divisional Officer Narsapur, West Godavari District Andhra Pradesh 3. The Tahsildar, Palakol, West Godavari District Andhra Pradesh 4. One CC to Sri. Turaga Sai Surya Advocate [OPUC] 5. TwoCCsto GP for Revenue, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC HIGH COURT DATED:25/02/2025 ORDER WP.No.3739 of 2020 c 1S MAR 2025 ] ^ . Current section ALLOWING OF THE WP WITHOUT COSTS