I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3998 OF 2020 Between: Smt. T. Tulasamma, W/o Rameshwar Reddy, Aged 65 Dinna Village, Tadipatri Mandal, Anantapur District. years, R/o Sajjala ...PETITIONER AND 1. The State of Andhra Pradesh, Revenue Department ( Assignment) Secretariat, Velgapudi, Amaravathi, Guntur District, 2. The District Collector, Anantapur. 3. The Revenue Divisional Officer, Anantapur. 4. The Tahsildar, Tadipatri Mandal, Anantapur District. ...RESPONDENTS Petition that in the under Article 226 circumstances stated of the Constitution of India praying in the affidavit filed therewith, the Honble Court may be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring action of the respondent issued impugned ' notice dated 25-01-2020 and notice dated 31/01/2020 for cancellation of D. Form Patta issued in favour of petitioner in D.A.R. Dis. No. 3/1410 date 11-04-2001 as illegal, vitiated against the A.P. (POf) Act, 1971 and Rules and also against the proceedings of the 3'”^^ respondent issued in D.Dis.D2/688/2010 dated -02-2011 by adding notice dated 31-01-2020 and consequently direct the 4‘'' respondent to set aside the said notice dated 25-01-2020 and date 31-01 -2020 and pass such other order or further orders as this Honble Court may deem fit and proper in the circumstancesof the case. \ r lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the notice issued by the 4th respondent herein under i dated, 25-01-2020 for cancellation of D.Form Patta issued in favour of petitioner in D.A.R Dis No.. 3/1410 date; 11-04-2001 pending disposal of the writ petition. Counsel for the PetitionerrSRI INENI VENKATA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 9^ APHC010066272020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) mE [3458] .L. THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3998/2020 Between: Smt. T. Tulasamma, ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: I.INENI VENKATA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents. Challenging the notice dated 25.01.2020 issued by the respondent under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1971, the present writ petition is filed. 2. 2 It is contended that the petitioner was assigned land vide D.Form Patta in 2001 in respect of the subject land. Subsequently, the petitioner had applied for conversion of the subject land into non-agriculture land, and the same was granted by the Tahsildar of the same Mandal, after accepting conversion fee of Rs.1,16,160/-. The notice was issued under Section 3 of provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1971, alleging that the petitioner did not bring the subject land into cultivation after the assignment, which is in violation of the conditions of the assignment. 3. 4. When the matter was heard on the last occasion, the learned Assistant Government Pleader for Revenue has placed before this Court a copy of instructions dated 13.12.2024, that have been received from the 4‘^ respondent-Tahsildar stating that pursuant to the notice issued 25.01.2020 resumption orders were passed on 31.01.2020. on 5. In that view of the matter, it is contended by the learned counsel for the respondent that the relief sought in the writ petition has become infructuous. The learned counsel for the petitioner sought adjournment, in order to challenge the proceedings dated 31.01.2020, accordingly, filed application in I.A.No.01 of 2025, seeking amendment of the prayer in the writ petition. Prayer for amendment was allowed. an 6. Perusal of the impugned order dated 31.01.2020 would reflect that the show-cause notice was issued by the Tahsildar on 25.01.2020 and the 3 petitioner was asked to submit her explanation within a period of seven (07) days from the date of the said notice, resumption was passed on 31.01.2020, without waiting for the explanation that was to be submitted by the petitioner pursuant to the notice within the time granted. Since the final orders have been passed even before, the time granted to the petitioner to submit her explanation, had expired, this Court is of the opinion that the impugned order is in gross violation of the principles of natural justice and the same is not sustainable. Apparently, the order of Accordingly, the order dated 31.01.2020 is set-aside and the petitioner is permitted to submit her explanation to the show-cause notice dated 25.01.2020 within a period of two (02) weeks from the date of receipt of copy of the order and the 4^^ respondent is directed to pass appropriate orders pursuant to the show-cause notice, thereafter, within a period of four 7. (04) weeks. With the above observations, the writ petition is disposed of. There 8. shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. SD/-G. HELA NAIDU ASSlSTA^^-GtSTRAR ^SECTION OFFICER //TRUE COPY// To, ^ The State of Andhra Pradesh, Revenue Department (Assignment), Secretariat, Velgapudi, Amaravathi, Guntur District, 1 r 2. The District Collector, Anantapur. 3. The Revenue Divisional Officer, Anantapur. 4. The Tahsildar, Tadipatri Mandal, Anantapur District. 5. One CC to SRI. INENI VENKATA PRASAD Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 7. Three C.D.Copies nm HIGH COURT DATE0:30/01/2025 ORDER WP.No.3998 of 2020 g 0 1 AW W'i 3 ^ . Current Section . s> <*T'!■ DISPOSING OF THE WP WITHOUT COSTS