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2026 DAILYLAW 18872 (AP)

M SHIREESHA v. THE STATE OF AP

WP/7512/2026 · 2026-03-17

B Krishna Mohan

body2026

Judgment text

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APHC010129462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7512/2026 Between: 1. M SHIREESHA, W/O M. ANANDA NAIDU, AGED ABOUT 38 YEARS, OCC AGRICULTURE, R/O GANGAPURAM VILLAGE, K. DODDIPALLI POST, KALAKADA MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. (522238) 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT MADANAPALLE. (517325) 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE, ANNAMAYYA DISTRICT. (517325) 4. THE TAHSILDAR, KALAKADA MANDAL, ANNAMAYYA DISTRICT. (517326) . ...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 a WRIT OF MANDAMUS declaring the impugned notices of the Respondent No.4 vide Roc.No.34/2026, Dt. 31.01.2026, issued under Section 3(2) of The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, whereby directing the Petitioner to show cause or reasons within 15 days of the receipt of this notice as to why the petitioner 2 BKM,J W.P.No.7512 of 2026 should not be evicted and why the government should not take possession of the crops or other produce, any buildings or structures constructed thereon or any goods/stocks from the notice schedule lands i.e., an extent of Ac.3.83 cents in Sy.No.768/ 1 and an extent of Ac. 2.72 cents in Sy.No.768/2 of Gangapuram Village, Kalakada Mandal, Annamayya District, on the ground that the petitioner has violated the provisions of Section 3(2) of the A.P Assigned Lands (Prohibition of Transfers) Act, 1977, without conducting any survey or without verifying the material available on record as nothing but illegal, arbitrary, erroneous, high handed and violative of fundamental and Constitutional Rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and apart from violative of the provisions of The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 and also contrary to the judgment of this Hon'ble Court in Datla Bhimaraju, vs The State Of Andhra Pradesh and set aside the same and consequently direct the Respondents, not to interfere with the petitioner's peaceful possession and enjoyment of the subject properties 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 DIRECT the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the properties to an extent of Ac. 1.51 cents in Sy.No.768/ 1 and an extent of Ac. 1.30 cents in Sy.No. 768/2 of Gangapuram Village, Kalakada Mandal, Annamayya District by suspending the impugned Notices of the Respondent No.4 vide Roc.No.34/2026, Dt. 31.01.2026, pending disposal of the Writ petition before this Hon'ble court, and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.7512 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 – 2 notices issued by the 4th respondent dated 31.01.2026 for the different lands as detailed in the schedules of the said notice alleging that the petitioner purchased the schedule assigned lands and as such, to show cause or reasons within fifteen (15) days as to why necessary action shall not be initiated from the date of receipt of the said notice. 3. The learned counsel for the petitioner submits that the said notice was served on the petitioner dated 25.02.2026 and reply was submitted by the petitioner dated 06.03.2026 but the same is not considered and there is a high-handed action by the 4th respondent. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the petitioner’s explanation, if any, to the above said notice will be considered by the 4th respondent following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to submit separate explanations enclosing all the necessary documents in support of her claim to the above said impugned Form – 2 notice dated 31.01.2026 within a period of four (04) weeks from the date of receipt of this order. On receipt of such explanations from the petitioner, if 4 BKM,J W.P.No.7512 of 2026 any, the 4th respondent shall proceed with the necessary enquiry pursuant to the above said notices dated 31.01.2026 strictly in accordance with law, by hearing all the parties concerned, including the petitioner and others concerned giving due opportunity, upon verification of the records and the subject lands as detailed in the above said schedule of the notices dated 31.01.2026, appropriate decision shall be taken on their 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 lands as detailed in the above said schedule of the notices of the 4th respondent dated 31.01.2026. 6. 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 18.03.2026 RMD 5 BKM,J W.P.No.7512 of 2026 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7512/2026 18.03.2026 RMD