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2026 DAILYLAW 14990 (AP)

SIRASAPALLI NAGAMMA v. THE STATE OF AP

WP/5676/2026 · 2026-02-26

B Krishna Mohan

body2026

Judgment text

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APHC010020222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5676/2026 Between: 1. SIRASAPALLI NAGAMMA, AGE 70YRS, W/O. TATHABBAI, RESIDING AT D.NO.4-38/2, NANDIVOMPU VILLAGE, TUNI MANDAL,KAKINADADISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, GOVT. OF ANDHRA PRADESH, VELAGAPUDI. PIN-522237 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KAKINADA, KAKINADA DISTRICT. PIN-533001 3. THE TAHSILDAR, TUNI MANDAL, KAKINADA DISTRICT. PIN-533401 4. KELANGI PERANTALU, AGE 70YRS, W/O.RAJA RAO KAAPIR, NANDIVOMPU VILLAGE, TUNI MANDAL, KAKINADA DISTRICT. PIN- 533401 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 3rd respondent, namely the Tahsildar, Tuni Mandal, in passing order in proceedings Re. B/08/2025, Dt.02.02.2026 not hearing the petitioner in response to the Form-II notice dated 06.06.2025, bearing Reference No. 2 HBKM,J W.P.No.5676 of 2026 B/8/2025, issued from the office of the Tahsildar, Tuni, under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, in respect of land admeasuring Ac. 1.26 cents in Survey No. 20/2 of Nandivompu Village, Tuni Mandal, Kakinada District, as illegal, arbitrary, unconstitutional, and violative of Articles 14 and 300-A of the Constitution of India, and contrary to the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) amendment Act, 1977 (Act 9 of 1977) and direct the 3rd respondent not to take any coercive steps agains the petitioner and her possession until file appeal to Revenue Divisional Officer, Peddapuram within 90 days from the date of receipt of the order by the petitioner and to pass IA NO: 1 OF 2026 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 pleased to direct the 3rd respondent not to interfere with the petitioner's land or with the peaceful possession and enjoyment of the petitioner thereof, except in accordance with due process of law and to pass Counsel for the Petitioner: 1. INAPURAPU SURYANARAYANA Counsel for the Respondent(S): 1. INAPURAPU SURYANARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.5676 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 3. 2. The Issuance of notice to the 4th respondent is dispensed with, as no prejudice would cause to him even if it is disposed of in his absence. 3. This writ petition is filed questioning the action of the 3rd respondent/Tahsildar in passing the order in Rc.B/08/2025, Dt.02.02.2026, without hearing the petitioner in response to the Form-II notice dated 06.06.2026, bearing Reference No.B/8/2025, issued from the office of the Tahsildar, Tuni, under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, in respect of the land admeasuring Ac.1.26 cents in Survey No.20/2 of Nandivompu Village, Tuni Mandal, Kakinada. 4. On the other hand the learned Assistant Government Pleader relying upon the written instructions of the 3rd respondent dated 26.02.2026, submits that already resumption orders were passed by the 3rd respondent dated 02.02.2026. If the petitioner is aggrieved by the same, he can prefer an appeal before the Revenue Divisional Officer within ninety (90) days from the date of receipt of this order. 5. In view of the above said facts and circumstances, and recording the said written instructions of the 3rd respondent, no further orders are necessary in this writ petition, as already resumption orders were passed by the 3rd respondent dated 02.02.2026. If the petitioner is aggrieved by the same, it is open to him to prefer an appeal in accordance with law before the appellate 4 HBKM,J W.P.No.5676 of 2026 authority. Accordingly, this writ petition is disposed of. The Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 27.02.2026 RMD 5 HBKM,J W.P.No.5676 of 2026 111 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5676/2026 27.02.2026 RMD