Tatti Syamalamma vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble B Krishna Mohan
Case Status:Disposed
Order Date:18 Apr 2023
CNR:APHC010178642023

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble B Krishna Mohan

Listed On:

18 Apr 2023

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION No.9145 of 2023

Between:

Tatti Syamalamma, W/o. Late T. Reddeppa Reddy, aged about 70 years, Occ: Cultivation. R/o.Thattivaripalle, Arogyavaram Post, Madanadanapalle, Annamayya District.

…. Petitioner

And

The State of Andhra Pradesh, Rep by its Principal Secretary to the Government, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District and 3 others.

….Respondents

ORDER:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

  1. The grievance of the writ petitioner is that, the 4th respondent issued the impugned Form-I notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, dated 24.03.2023.

  2. The learned counsel for the petitioner submits that, the petitioner was issued with the impugned Form-I notice, dated 24.03.2023 alleging that, the petitioner being an assignee alienated the subject lands as mentioned in the schedule of the impugned notice through registered documents to the transferee and as such the resumption proceedings are initiated by the 4th respondent to submit the explanation within 15 days of the receipt of the said impugned notice. Aggrieved by the same, the petitioner filed this Writ Petition.

  3. On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that the proceedings are at the stage of issuance of notice only and in pursuance of the impugned notice, dated 24.03.2023 the petitioner can submit her explanation and if so, the same will be considered by the 4th respondent by following the due procedure.

  4. In view of the above said facts and circumstances, the petitioner is permitted to submit her explanation along with the supporting documents if any, to the 4th respondent pursuant to the impugned notice of the 4th respondent, dated 24.03.2023 within a period of two (02) weeks from the date of

2

receipt of this order. On submission of the same by the petitioner, the 4th respondent shall proceed with the enquiry as required under law pursuant to the impugned notice, dated 24.03.2023 by considering the explanation submitted by the petitioner pursuant to the orders of this Court. After hearing all the parties concerned, including the petitioner by giving due opportunity, upon verification of the records and the subject lands, the appropriate decision shall be taken by the 4th respondent strictly in accordance with law. The whole exercise shall be completed within a period of four (04) months thereafter. It is open for the 4th respondent to consider any interim relief, if so, warranted upon the application made by the petitioner.

  1. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ JUSTICE B KRISHNA MOHAN

18.04.2023 KMS/KNN

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

WRIT PETITION No.9145 OF 2023

18.04.2023

KMS/KNN