Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 7, Cited by 0]

Andhra Pradesh High Court - Amravati

Tanniru Lakshmi Devi vs The State Of Andhra Pradesh on 3 November, 2025

Author: D Ramesh

Bench: D Ramesh

               (SHOW CAUSE NOTICE BEFORE ADMISSION)
       IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA

                 MONDAY, THE THIRD DAY OF NOVEMBER
                    TWO THOUSAND AND TWENTY FIVE
                                  iPRESENT:

               THE HONOURABLE SRI JUSTICE D RAMESH ^
                     WRIT PETITION NO: 30137 OF 2025
Between:

   Tanniru Lakshmi Devi, W/o Thanniru Venkata Ramana Aged around 53
   Years, R/o 7/1158, MJ Kunta, Chinna Chowk, Kadapa, YSR Kadapa
   District

                                                                 .... Petitioner

                                     AND

   1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue
      Department, A.P Secretariat, Velagapudi, Amaravati
   2. The District Collector, Kadapa, YSR Kadapa District
   3. The Revenue Divisional Officer, Kadapa, YSR Kadapa District
   4. The Mandal Revenue Officer, Siddhout Mandal, YSR Kadapa District
   5. Peddapalli Venkata Subbaiah, S/o Palaiah, Aged Not known,             R/o
      Peddapalli Village, Sidhout Mandal, YSR Kadapa District
   6. Peddapalli Chinna Palaiah, , S/o Venkataiah Aged Not Known, R/o
      Peddapalli Village, Sidhout Mandal, YSR Kadapa District
   7. Sontam Chinna Subaiah, S/o Subbaiah Aged Not Known,                   R/o

      Peddapalli Village, Sidhout Mandal, YSR Kadapa District
                                                            .... Respondents

WHEREAS the Petitioner above named through his Advocate SHAIK MD UMAR ABDULLAH presented this 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 a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring a) the Form II Notice vide Ref. No. B/250/2024 dated 07.10.2025 issued by the Respondent No.4 herein as illegal arbitrary, unjust, without jurisdiction and contrary to the object and substance of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act (as amended till date) besides being violative of Articles 14, 21 and 300A of the Constitution of India and consequently set aside the same b) further action of the Respondent No. 2 to 4 herein in interfering with the Petitioners possession and enjoyment over the Petitioners absolute land Ac. 2.00 Cents in Sy No. 1012-1, Ac. 2.00 Cents in Sy No. 1013-2 and Ac. 2.00 Cents in Sy No. 1014-1 located in Peddapalle Village, Sidhout Mandal, YSR Kadapa District as illegal arbitrary, unjust, without jurisdiction besides being violative of Articles 14, 21 and 300A of the Constitution of India.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri SHAIK MD UMAR ABDULLAH Advocate for the Petitioner, GP FOR REVENUE for respondent Nos.1 to 4, directed issue of notice to the Respondent nos.5 to 7 herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. Peddapalli Venkata Subbaiah, S/o Palaiah, R/o Peddapalli Village, Sidhout Mandal, YSR Kadapa District
2. Peddapalli Chinna Palaiah', , S/o Venkataiah, R/o Peddapalli Village, Sidhout Mandal, YSR Kadapa District
3. Sontam Chinna Subaiah, S/o Subbaiah, R/o Peddapalli Village, Sidhout Mandal, YSR Kadapa District are be and hereby directed to show cause either appearing in person or through an advocate within four (4) weeks to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further coercive actions pursuant to Form II Notice vide Ref. No. B/250/2024 dated 07.10.2025 issued by the Respondent No.4 herein and pass any such, pending disposal of WP No. 30137 of 2025, on the file of the High Court.

lA NO: 2 OF 2025 Petition under Section 151 CPC is filed 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 No. 4 herein to consider the representation/reply dated 13.10.2025 submitted by the Petitioner herein, pending disposal of WP No. 30137 of 2025, on the file of the High Court.

The Court made the following: ORDER Issue notice to respondent Nos.5 to 7.

Learned counsel for the petitioner is permitted to take out personal notice to respondent Nos.5 to 7 through registered post with acknowledgment due and file proof of service In the Registry.

The writ petition is filed aggrieved by the notice dated 07.10.2025 issued in Form-ll.

Learned counsel for the petitioner submitted that the said notice shows the petitioner as the purchaser, whereas the fact remains that the petitioner was granted a D-fprm Patta on 25.05.2002 vide DKT No.37/2002. It is further submitted that the 4th respondent had passed an order dated 14.08.1994 cancelling the pattas granted in favour of Peddapalli Venkata Subbaiah (respondent No.5), Peddapalli Chinna Palaiah (respondent No.6), and Sonta Chinna Subbaiah (respondent No.7), and confirming the land in favour of Mandala Rama Lakshmamma, who is the sister of the petitioner. However, these facts were not taken into consideration while issuing the impugned notice.

Learned counsel for the petitioner further submitted that the impugned notice has been issued contrary to the law laid down by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh in Kanakame^ala Gangadhara Rao v. State of Andhra Pradesh and others (MANU/AP/1115/2017), wherein it was held that notices in Form-1 and Form-ll must contain all relevant particulars. In the present case, the notice is vague and lacks necessary details.

Considering the submissions made by the learned counsel for the petitioner, there shall be an interim stay of all further proceedings pursuant to the Form-ll notice vide Ref. No.B/250/2024, dated 07.10.2025.

List the matter after four (4) weeks.

SD/- K.J.RAJA BABU ASSISTANTaREGISTRAR //TRUE COPY// SECfnON OFFICER To,

1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi,, Amaravati /•

2. The District Collector, Kadapa, YSR Kadapa District

3. The Revenue Divisional Officer, Kadapa, YSR Kadapa District

4. The Mandal Revenue Officer, Siddhout Mandal, YSR Kadapa District(1 to 4 by RPAD)

5. Peddapalli Venkata Subbaiah, S/o Palaiah, R/o Peddapalli Village, Sidhout Mandal, YSR Kadapa District

6. Peddapalli Chinna Palaiah, , S/o Venkataiah, R/o Peddapalli Village, Sidhout Mandal, YSR Kadapa District

7. Sontam Chinna Subaiah, S/o Subbaiah, R/o Peddapalli Village, Sidhout Mandal, YSR Kadapa District(5 to 7 by RPAD- along with a copy of petition and memorandum of grounds) /

8. One CC to SRI. SHAIK MD UMAR ABDULLAH Advocate [OPUdf

9. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh.

[OUT]

10. One spare copy -

ksr HIGH COURT DR, J DATED:03/11/2025 List the matter after four (4) weeks NOTICE BEFORE ADMISSION WP.No.30137 of 2025 INTERIM STAY §>4 3C 11 mi ®