APHC010111902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6778/2026 Between: 1. D. NAGABHUSHANAM,, S/O. LATE D. SUBRAMANYAM, AGED ABOUT 93 YEARS, OCC. AGRICULTURE, RIO. D.NO. 26/38, ASAR STREET, ANANTHAPURAM ANANTHAPURAM DISTRICT, ANDHRA PRADESH -515001 2. D. KALYANAMANI, W/O. D. KRISHNA MURTHY AGED ABOUT 90 YEARS, OCC. AGRICULTURE, R/O. D.NO. 26/37, ASAR STREET, ANANTHAPURAM ANANTHAPURAM DISTRICT, ANDHRA PRADESH -515001 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. - 522238 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT - 515001 3. THE JOINT COLLECTOR AND ADDL DISTRICT MAGISTRATE, ANANTHAPURAMU, ANANTHAPURAMU - 515001 4. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU, ANANTHAPURAMU - 515001 5. THE TAHSILDAR, ANANTHAPURAMU RURAL MANDAL -515001 6. NARPALA THIRUPAL REDDY, S/O. LATE SRI N.PEDDA MALLA 2 BKM,J W.P.No.6778 of 2026 REDDY AGED ABOUT 94 YEARS, RIO. AKUTHOTAPALLY(V), ANANTHAPURAM (RURAL) ANANTHAPURAM DISTRICT, ANDHRA PRADESH -515001 ...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 Appropriate Writ, Order or Direction more particularly one in nature of Writ of CERTIORARI calling of the records of proceedings vide Rc.No.23/A/2023/Co- Ordn. ROR, Dt. 21.11.2025 issued by the respondent No.3 holding that the land admeasuring Ac.01.30 cents in Survey No.186-2B3, Itukulapalli Village, Ananthapur Rural Mandal, Ananthapur District, is liable for resumption and further directing the 5th Respondent/ Tahsildar to take necessary action for resumption of the said land to the Government and to be made as A.W ( Government Land) in revenue records and Declare the same as illegal, arbitrary, without jurisdiction and unconstitutional, violation of principles of natural justice being violative of Articles 14 and 300-A of the Constitution of India and quash the same and consequently direct the respondents to restore and maintain the petitioners name in the revenue records as pattadar and possessor pertaining to the said land 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 suspend the operation of proceedings Rc.No.23/A/2023/Co- Ordn.ROR, Dt.21.11.2025 passed by the 3rd Respondent pending disposal of the Writ Petition, and pass Counsel for the Petitioner(S): 1. R V C RATNAM Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.6778 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 5. 2. The issuance of notice to the 6th 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 order of the 3rd respondent dated 21.11.2025 passed under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 & Rules 1989. 4. Upon consideration of the matter on merits, the 3rd respondent under the impugned order dated 21.11.2025 held that “no landless poor person can transfer any assigned land and no person shall acquire any assigned land, either by purchase, gift, lease (except in the case of lease to the Andhra Pradesh Green Energy Corporation Limited for use as deemed fit and including for usage of non-agriculture purpose), mortgage, exchange or otherwise”. It was further observed that both the revision petitioners and the respondents therein have violated the assignment conditions and purchased the assigned land which amounts to breach of provisions in Section 3 (2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act No.9 of 1977) and it is liable for resumption and the said impugned order dated 21.11.2025 is appealable before the Commissioner of Appeals O/o Chief Commissioner of Land Administration, A.P. Amaravathi within 90 days 4 BKM,J W.P.No.6778 of 2026 from the date of receipt of the said order. But it appears no appeal was preferred. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 5 submits that the petitioners can assail the said impugned order dated 21.11.2025 of the 3rd respondent before the Appellate Authority and if so made, the same would be considered by following the due procedure. 6. In view of the above said facts and circumstances, the petitioners are permitted to prefer an appeal before the Appellate Authority concerned against the order of the 3rd respondent dated 21.11.2025 within a period of four (04) weeks from the date of receipt of this order, enclosing all the necessary documents in support of their claim. On receipt of such appeal, if any, within the above said stipulated time, the Appellate Authority shall consider and dispose of the same strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, 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. Till filing of the appeal within the above said stipulated time of four (04) weeks, there shall be an order of status quo as on today to be maintained with respect to the subject land covered under the impugned order of the 3rd respondent dated 21.11.2025. No further extension would be considered by this Court. Any interim relief is required, 5 BKM,J W.P.No.6778 of 2026 that can be sought before the Appellate Authority by the petitioners and if so made, the same shall be considered on its own merits. 7. Accordingly, this Writ Petition is disposed of. 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 11.03.2026 PGT