[ 3208 ] IN THE HIGH COURT ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 702 OF 2026 . Between: Bendi Govinda Rao, S/o. Bendi Late Chinnavadu, Aged 50 years, R/o. D.No.1-310, Main Street, Vanjangi Village, Amadalavalasa Mandal, Srikakulam District. Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, A.P. Secretariat, Velagapudi. Guntur District - 522237.' 2. The District Collector, Srikakulam, Srikakulam District - 532001. 3. The Revenue Divisional Officer, Srikakulam, Srikakulam District - 532001. 4. The Tahsildar, Srikakulam Mandal, Srikakulam District - 532001. Respondents 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 to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondent No.4 in issuing the impugned notice dt.25.11.2025 violative of Article 14, 16, 19 and 300-A of as illegal, arbitrary, unconstitutional, the Constitution of India, Consequently set aside the same by directing the respondents not to interfere with the land of the petitioner admeasuring Ac.0.05.5 cents, (266.2 Sq. yds.) in as Sy.No. 147-2/D, 147-2/C, 147-2/B, of Ragolu Village, Srikakulam Mandal Srikakulam District. > lA NO: 1 OF 2026 Petition under Section 151 CPC is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to suspend the impugned notice dt.25.11.2025 and direct the respondents not to interfere with the land of the petitioner admeasuring Ac.0.05.5 cents, (266.2 Sq. yds.) in Sy.No. 147-2/D, 147-2/C, 147-2/B, of Ragolu Village, Srikakulam Mandal, Srikakulam District, Pending disposal of WP 702 of 2026, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI G R SUDHAKAR, Advocate for the Petitioner, learned GP FOR REVENUE for the Respondent Nos.1 to 4, the Court made the following ORDER: Aggrieved by the notice dated 25.11.2025, the present writ petition is filed. In fact, on earlier occasion when the respondent authorities interfering, the allottees approached this Court by filing W.P.No.29083 of 2022 and this Court has granted an interim protection. While pending the writ petition, in view of the Government policy, dated 19.12.2023, free hold rights to assigned lands in terms of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2023 (for short, ‘the Act 35 of 2023’), the petitioner has purchased the subject property. Now, in view of kept the said Act in abeyance, the petitioner is not able to regularize his land. Hence, the petitoner is a bona fide purchaser. Now, in view of the initiation of the action by the impugned notice, the are petitioner would suffer and the respondents are trying to interfere and trying to dispossess the petitioner. Reply to the said contentions, learned Assistant Government Pleader appearing on behalf of the respondents has submitted that this is only a notice. In fact, the house sites were assigned to the BPL families and instead of constructing the houses, poor people have together built a commercial building and now using the same for commercial purpose which is contrary to the Act and with regard to abeyance of the Act 35 of 2023, when the Act itself is kept abeyance, the question of regularization of plot would not arise. Considering the said submissions, though the petitioner is a bona fide purchaser, the Act 35 of 2023 is in abeyance. Hence, this Court is not inclined to grant any relief with regard to regularization. But as far as possession is concerned, the petitioner is admittedly In possession. Therefore, the respondents are directed not to dispossess the petitioner from the subject property without following due process of law. Liberty is granted to the petitioner to submit the explanation to the notice dated 25.11.2025 and the respondents are directed to proceed with the enquiry and not to take any coercive steps. List the matter after four (4) weeks for filing counters. Sd/- TUPAAKULA SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT RE TRAR To, 1. The Principal Secretary, Department of Revenue, A.P. Secretariat, Velagapudi, Guntur District - 522237, State of Andhra Pradesh (BY SPECIAL MESSENGER) The District Collector, Srikakulam, Srikakulam District - 532001. The Revenue Divisional Officer, Srikakulam, Srikakulam District - 532001. The Tahsildar, Srikakulam Mandal, Srikakulam District - 532001. (Addressee Nos.2 to 4 by RPAD) One CC to SRI. G R SUDHAKAR Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] One spare copy 2. 3. 4. 5. 6. 7. KJ HIGH COURT > DR,J DATED:08/01/2026 LIST THE MATTER AFTER FOUR (4) WEEKS FOR FILING COUNTERS ORDER WP.No.702 of 2026 DIRECTION