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2026 DAILYLAW 15743 (AP)

KATTAMURI SUBRAHMANYAM v. THE STATE OF AP

WP/2984/2026 · 2026-02-02

B Krishna Mohan

body2026

Judgment text

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APHC010043062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2984/2026 Between: 1. KATTAMURI SUBRAHMANYAM, S/O VENKATARAJU, AGED ABOUT 63 YEARS, OCC AGRICULTURE, R/O D.NO. 14-4-2/2, KOLAGATLAVARI STREET, VIZIANAGARAM DISTRICT-535001, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI-522238. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, ANDHRA PRADESH-535001. 3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DISTRICT- 535001, ANDHRA PRADESH. 4. THE TAHSILDAR, VIZIANAGARAM DISTRICT-535001, ANDHRA PRADESH ...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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus suspending the Form II Notice dated 17.10.2025 issued by the Respondent No 4 herein under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 2 HBKM,J W.P.No.2984 of 2026 and further interfering with the Petitioners possession in an extent of Ac 0-25 cents in Sy.No 86/1 and an extent of Ac 1-19 cents in Sy.No 86/2 in Dharmapuri Village, Dharmapuri Gram Panchayat, Vizianagaram Mandal, Vizianagaram District, Andhra Pradesh as illegal, arbitrary, unjust, without jurisdiction, contrary to the object and substance of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (as amended till date) besides being violative of Articles 14, 21, and 300A of the Constitution of India and 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 stay all further proceedings pursuant to the Form II Notice dated 17.10.2025 and direct Respondents not to interfere with the peaceful possession and enjoyment of the Subject Property and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.2984 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 respondents. 2. This writ petition is filed questioning the Form-I notice issued by the 4th respondent dated 17.10.2025 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 alleging that the subject land has been transferred in contravention of the Provisions of the sub-section (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 to show cause why it shall not be resumed to the Government within 15 days from the date of receipt of this notice. 3. The details of the subject land are given in the schedule of the above said impugned notice dated 17.10.2025. 4. The learned counsel for the petitioner submits the petitioner claims to be a bonafide purchaser of the subject land through a registered sale deed vide document No.4598/2005 dated 28.05.2005. 5. The learned counsel for the petitioner further submits that pursuant to the above said impugned notice dated 17.10.2025, the petitioner submitted explanation dated 01.11.2025, but the same is not considered so far. The above said notice was also addressed to two other persons along with the petitioner and they are not parties to this writ petition. 4 HBKM,J W.P.No.2984 of 2026 6. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the explanation of the petitioner will be considered by following the due procedure. 7. In view of the above said facts and circumstances, the petitioner is permitted to submit additional explanation, if any, enclosing all the necessary documents in support of his claim to the above said impugned notice dated 17.10.2025 of the 4th respondent within a period of four (04) weeks from the date of receipt of copy of this order. On receipt of the same, the 4th respondent shall conduct necessary enquiry pursuant to the above said notice dated 17.10.2025 strictly in accordance with law by hearing all the parties concerned, giving due opportunity, including the petitioner and the two other addresses of the said notice dated 17.10.2025 and others concerned, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (04) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject land as detailed in the schedule of the impugned notice of the 4th respondent dated 17.10.2025. 8. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 5 HBKM,J W.P.No.2984 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 03.02.2026 PGT