1 APHC010072152020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4428/2020 Between: Nageti Jyothi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. K S MURTHY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 2 ORDER: Heard Sri K.S.Murthy, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, appearing for the respondents. 2. Challenging the action of the 4th respondent in issuing notice in R.C.A.No./245/2019 dated 26.12.2019 served upon the petitioners on 12.2.2020 for resumption of the petitioners agricultural land in Sy.No.1192 to the extent assigned to petitioners situated at Nannauru village, Orvakallu Mandal, Kurnool District as illegal, and consequently to set aside the same, the instant Writ Petition is filed. 3. The Tahsildar vide said notice, directed the petitioner to show cause as to why the patta granted in her favour should not be resumed in 15 days from the date of receipt of the notice. The Tahsildar issued the said notice for alleged violation of conditions of assignment stating that the land has not been brought under cultivation. 4. On 25.02.2020, this Court directed the respondents not to dispossess the petitioners from the said land. 5. As noted from the impugned notice that if the land allotted to the petitioner has not been brought under cultivation within a period of three (03) years from the date of assignment. The assignment of pattas that were granted in respect of petitioner Nos. 1, 4 & 5 was on 15.03.2010, petitioner No.2 on 21.01.2011, petitioner Nos.6 & 8 on 20.01.2005 and petitioner Nos.3 & 7 on 18.01.2008 respectively. If the said condition of the assignment is 3 violated the respondents shall immediately issue notice soon after the completion of three (03) years period as provided under the assignment deed. In the absence of the same, the said condition cannot be invoked after the lapse of period of more than 20 years from the date of assignment. 6. However, the 4th respondent filed counter-affidavit stating that for issuance of house site pattas in favour of beneficiaries of the scheme viz., “Navaratnalu Pedalandarik iillu” the subject lands were proposed initially. However, alternative land was identified for issuance of house-sites and further stated that the petitioners’ lands is no longer needed for the house- sites pattas. 7. In view of the forgoing, the notice issued by the 4th respondent is set- aside. 8. Accordingly, the Writ Petition is allowed, to setting aside the impugned notice vide R.C.A.No./ 246/2019 dated 26.12.2019. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:27.01.2025 LSP 4 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA C-198 WRIT PETITION No.4428 of 2020 Date:27.01.2025 LSP