IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE EIGHTEENTH-DAY OF APRIL TWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SRI JUSTICE B KRISHNA MOHANS

WRIT PETITION NO: 9145 OF 2023

Between:

Tatti Syamalamma, W/o. Late T.Reddeppa Reddy, Occ. Cultivation, R/o. Thattivaripalle, Arogyavaram Post, Madanadanapalle Mandal, Annamayya District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Assignment) Department, Secretriat, Velagapudi, Amaravathi Guntur District.
• 2. The District Collector, Rayachoty, Annamayya Chittoor.
• The Revenue Divisional Officer, Madanapalle, Annamayya District.
• 4. The Tahasildar, Madanapalle Mandal, Annamayya District

...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 Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No. 4 in issuing proceedings in Form-I in Roc.A/224/2017 dated 24-03-2023 in respect of land in an extent of Ac.2.75 cents paiki Ac.1.92 cents in Sy.No.552/3 86 an extent of Ac.0.27 cents in Sy.No.552/15 situated at Bandameeda kammapalle Revenue Village, Madanapalle Mandal, Chittoor District( Now Annamayya District) as illegal, arbitrary, violation of Principles of Natural Justice and violation of provisions of Section 3 and Section 4 of the Andhra Pradesh Assigned Lands Prohibition of Transfers Act 1977 and the violation of Rule 3 of Andhra Pradesh Assigned Lands Prohibition of Transfers Rules 2007 and consequently set aside the same.

IA NO: 1 OF 2023

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 to direct the Respondents not to interfering with the petitioner's peaceful possession and enjoyment of the land to an extent of Ac.2.75 cents paiki Ac.1.92 cents in Sy.No.552/3 & an extent of Ac.0.27 cents in Sy.No.552/ 15 situated at Bandameeda kammapalle Revenue Village, Madanapalle Mandal, Chittoor District( Now Annamayya District) pending disposal of the above writ petition.

Counsel for the Petitioner :SRI. MD SALEEM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER

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.

$\mathsf{And}$

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

Petitioner

$\mathbf{1} \mathbf{1} \mathbf{1} \mathbf{1}$

$\dots$ Respondents

ORDER:

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

The grievance of the writ petitioner is that, the 4^th $2.$ 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.

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

4. explanation and if so, the same will be considered by the 4*^ respondent by following the due procedure. 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

5. 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 pursuit to the impugned notice of the 4th respondent, dated 24.03.2023'within a period Of two (02) weeks from the date 6f

V J 2

J

exercise shall be completed within months thereafter. It is open for the 4th respondent to warranted upon the 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 a period of four (04) consider any interim relief, if so, applica-tioh made by the petitioner. 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

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

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

//TRUE COPY//

SECTION OFFICER

To.

7. Two CD Cop2s. .High Court Of Andhra Pradesh. [OUT]

KRK ,

HIGH COURT

DATEO:18/04/2023

ORDER

WP.No.9145 of 2023

DISPOSING THE WP WITHOUT COSTS