m -V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH j TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5039 OF 2025 Between: Tamatham Eshwaramma, W/o. Eshwar Reddy, aged 62 years, Occ Cultivation Resident of C.C. Palle, Galiveedu Mandal, Annamaiah District, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District, AP. 2. The District Collector, Annamaiah District, Rayachoti, Andhra Pradesh. 3. The Revenue Divisional Officer, Rayachoti Division, Annamayya District, Andhra Pradesh. 4. The Tahsildar, Gali Veedu Mandal, Annamayya District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that iri the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction or order more particularly one in the nature of writ of mandamus declaring the Notice in R.O.C/92/2025 dated 14-02-2025 issued by the respondent No.4 calling for explanation as to why the patta granted to the Petitioner in Ac. 1.14 cents in Sy No. 3043/1, Noolivedu Village, Gali Veedu Mandal, Annamayya District shall not be cancelled as illegal, arbitrary, without jurisdiction, and contrary to the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, and violative of fundamental rights apart from article 300A of Constitution of India and consequently set aside the same by directing the Respondents not to interfere with the possession and enjoyment of the Petitioner over the land in Ac. 1.14 cents in Sy No. 3043/1, Noolivedu Village, Gali Veedu Mandal, Annamayya District. lA NO: 1 OF 2025 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 an interim stay on all further proceedings pursuant to the Notice in R.O.C.92/2025 dated 14-02- 2025 issued by the Respondent No.4, pending disposal of the above writ petition. Counsel for the Petitioner: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent Nos.1 to 4; GP FOR REVENUE The Court made the following: ORDER 4, APHC010094412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY. THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5039/2025 Between: Tamatham Eshwaramma ...PETITIONER AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NI MMAGAD DA WRIT PETITION NO: 5039/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice in R.O.C/92/2025, dated 14.02.2025 issued by the respondent No. 4 calling for explanation as to why the patta granted to the Petitioner in Ac. 1.14 cents in Sy. No. 3043/1, Noolivedu Village, Gali Veedu Mandal, Annamayya District shall not be cancelled as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and violative of fundamental rights apart from article 300-A of Constitution of India and consequently set aside the same by directing the respondents not to interfere with the possession and enjoyment of the petitioner over the land in Ac. 1.14 cents in Sy. No. 3043/1, Noolivedu Village, Gali Veedu Mandal, Annamayya District and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac. 1.14 cents in survey No.3043/1, Noolivedu Village, Galiveedu Mandal, Annamaiah District, having acquired the same by way of assignment patta granted infavour of the petitioner. But to the surprise of the petitioner, the respondents issued notice dated 14.02.2025 seeking for explanation from the petitioner stating that the petitioner sought for the assignment by suppressing the material fact that the petitioner is holding Ac.5.00 cents of land and accordingly it was assigned contrary to the Assignment Rules is not correct. The petitioner cents of land as alleged in the impugned notice. never owned Ac.5.00 For canceling the assignment patta granted in favour of the petitioner, the respondents made such a remark against the petitioner. Hence, the Writ Petition. 4. Learned counsel for the petitioner further submits that the respondent authorities once are intending to cancel the patta they shall issue notice under Form-1 & Form-ll and also they should adhere to the procedure contemplated under Rule Assignment Rules. 3 of the 5. On the other hand, learned Government Pleader for the respondents submits that the issuance of Form-1 notice would arise only when the assignee alienated the subject property in favour of the third party. But in the case in hand, the assignee still holds his land, but the entitlement of petitioner for holding such assignment land is in deviation to the Assignment Rules as such warrants the interference of such assignment. Accordingly, show-cause notice was issued seeking explanation from the petitioner. As such the subject notice is sustainable. He further submits that let there be explanation from the petitioner, the respondents will consider the an same and pass appropriate orders in accordance with law. 4 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, it is observed that the subject land is an assigned land in favour of the petitioner by way of assignment patta. If the petitioner committed any violations in terms of assignment patta while seeking the claim from the Government, certainly the assignment can be reviewed by the competent authority in accordance with law. 7. In view of the above, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the petitioner to submit detailed explanation pursuant to the notice dated 14.02.2025 within a period of three(3) weeks from the date of receipt of copy of this Order. After such submission of the explanation and after providing opportunity of hearing to the petitioner as well as to other stakeholders if any, the 4^'' respondent shall consider the explanation with reference to the Assignment Rules and by following the procedure as contemplated therein and pass a speaking order within a period of three(3) months thereafter. In the meanwhile, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M SRiNIVAS ASSISTANT REGISTRAR //TRUE COPY// L ^ % SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, AP. The District Collector, Annamaiah District, Rayachoti, Andhra Pradesh. The Revenue Divisional Officer, Rayachoti Division, Annamayya District, Andhra Pradesh. The Tahsildar, Gali Veedu Mandal, Annamayya District, Andhra Pradesh. One CC to Sri Papudippu Sashidar Reddy, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Qppies. 2. 3. 4. 5. 6. 7. ssb HIGH COURT DATED:03/03/2025 ORDER WP.No.5039 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS