APHC010343742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17647/2025 Between: 1. GATTU VENKATA RAMUDU, S/O GATTU CHOWDAPPA (LATE), R/O B. PAPPURU VILLAGE, NARPALA MANDAL, ANANTAPUR DISTRICT. 2. GATTU MURALI, . S/O GATTU CHOWDAPPA (LATE), R/O B. PAPPURU VILLAGE, NARPALA MANDAL, ANANTAPUR DISTRICT. 3. GATTU HARI, S/O GATTU CHOWDAPPA (LATE) R/O B. PAPPURU VILLAGE, NARPALA MANDAL, ANANTAPUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR, ANANTAPUR DISTRICT. 4. THE TAHSILDAR, NARPALA MANDAL ANANTAPUR DISTRICT. ...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, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the action of the respondents more 2 HBKM,J W.P.No.17647 of 2025 specifically, the 2ND respondent in rejecting the claim of the petitioners by its letter dated 15.06.2023 in Rc .No.1255/D2/2023as illegal, arbitrary, and violation of the fundamental rights guaranteed under Articles 14,19, and 300- A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Assigned Lands ( Prohibition of Transfers) Act, 1977 And consequently, set aside the impugned order dated 15.06.2023 in Rc. No. 1255/ D2/2023 passed by the 2ND respondent and to pass IA 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 pending the disposal of this Writ Petition, in the interest of justice that this Hon'ble Court suspend the operation of the proceedings in Rc No. 1255/D2/2023 dated 15.06.2023, passed by the 2ND respondent, and grant such other relief as may be deemed fit and proper u Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.17647 of 2025 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the action of the 2nd respondent in rejecting the claim of the petitioners vide its letter dated 15.06.2023 in Rc.No.1255/D2/2023. 3. The learned counsel for the petitioners submits that the 4th respondent addressed a letter to the 2nd respondent for removing the land to an extent of Ac.5.50 cents in Sy.No.99-2 from Migulu Bhoomulu Khata No.20001901 to Regular Khata and to grant permission to register the names of the petitioners as per their enjoyment. Instead of accepting the same, the 2nd respondent issued the impugned letter rejecting the claim of the petitioners on the ground that the subject land was assigned originally in favour of Sri Dasari Narayana vide DAR.Dis.No.99/65 dated 11.01.1956 and as the said land was assigned after 18.06.1954, it attracts POT Act, 1977 and the subject land was purchased by the petitioners’ father from the legal heirs of the original assignee vide document No.P34/200 dated 28.04.1973. Hence, the proposals for conversion from the Notional Khata to Regular Khata cannot be accepted and as such it was rejected. 4. The learned counsel for the petitioners submits that the 2nd respondent did not appriciate in right perspective the Section 4 (1) (b) of the Andhra 4 HBKM,J W.P.No.17647 of 2025 Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, which says that the resumed land can be reassigned to the transferee who purchased the land in good faith and for valuable consideration on or before 29.01.2007 subject to the condition that he/she is the landless poor person and is in occupation of the land by using the said land for the agriculture purpose or house site, as on the date of taking possession by eviction. The petitioners are entitled for reassignment of the subject land since the petitioners’ father purchased the same through the registered document dated 28.04.1973 and they have been in possession and enjoyment of the same. Hence, they made the above said application to the 4th respondent and the 4th respondent in turn submitted a report to the 2nd respondent for favorable consideration to mutate the names of the petitioners in the web land adangal. 5. On the other hand, the learned Assistant Government Pleader referring to the very same provision of law submits that unless there is an assignment in favour of the petitioners basing upon the earlier transactions over the said land, the petitioners cannot seek the consequential reliefs of mutations in the web land adangal. 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, when it is the case of the respondents that there is a breach of provisions of Section 3 of the A.P. Assigned Lands (POT) Act, 1977 with respect to the subject land, by exercising the powers under Section 4 of the said Act specifically as per sub- 5 HBKM,J W.P.No.17647 of 2025 section 1 (b) of the said Section, the case of the petitioners may be considered for reassignment of the subject land and for consequential reliefs. For which, the petitioners are permitted to make necessary application/representation to the 4th respondent in respect of the said claim by enclosing all the necessary documents within a period of four (04) weeks from the date of receipt of this order. Upon receipt of the same, the 4th respondent shall consider and dispose of the representation of the petitioners for grant of reassignment of the subject land on its own merits, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land, appropriate orders shall be passed as expeditiously as possible preferably within a period of three (03) months thereafter. The above said enquiry shall be conducted without reference to the impugned letter of the 2nd respondent dated 15.06.2023. 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 28.01.2026 PGT