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Andhra Pradesh High Court - Amravati

Gedela Rajamma vs The State Of Andhra Pradesh on 25 November, 2025

Author: D Ramesh

Bench: D Ramesh

 APHC010614362025
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                        [3208]
                             (Special Original Jurisdiction)

             TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER
                  TWO THOUSAND AND TWENTY FIVE

                                  PRESENT

                    THE HONOURABLE SRI JUSTICE D RAMESH

                         WRIT PETITION NO: 31926/2025

Between:

   1. GEDELA RAJAMMA, W/O. LATE ADAIAH,                   AGED ABOUT 87
      YEARS,R/O.  DHARMAPURI  VILLAGE,                      VIZIANAGARAM,
      VIZIANAGARAM DIST

   2. GEDELA APPALA NAIDU, S/O. LATE ADAIAH                AGED ABOUT 45
      YEARS,      R/O. DHARMAPURI VILLAGE,                  VIZIANAGARAM,
      VIZIANAGARAM DIST

                                                            ...PETITIONER(S)

                                     AND

   1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
      SECRETARY,   REVENUE DEPARTMENT ( ASSIGNMENT )
      SECRETARIAT BLDGS, VELAGAPUDI, AMARAVATI, GUNTUR
      DISTRICT

   2. THE DISTRICT COLLECTOR, REVENUE ( ASSIGNMENT WING)
      VIJAYANAGARAM DIST.

   3. THE THASILDAR, VIJAYANAGARAM MANDAL,                 VIJAYANAGARAM
      DIST.

                                                         ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent No. 3 without considering petitioners explanation dt. 6.11.2025 to the notice dated 17/10/2025 which is issued under Sec. 4 of A P Assigned lands (Prohibition of Transfers) Act 1977 and taking steps to resume the DKT Land which is sanctioned to 1st petitioners father in the year 1980 situated in Sy No. 86/1- Ac. 0.25 Cents, 86/2, Ac. 1.19 cents 86/3 Ac. 1.33 cents , 86/4 Ac. 0.44 Cents, and 86/5 Adm. 0.6 cents situated at Dharmapuri Village, Vizianagaram Mandal and Dist. is illegal, arbitrary and consequently direct the 3rd respondent to drop all further proceedings pursuant to the notice dated 17.10.2025 in the interest of justice and to pass necessary order or orders as this Honble Court may deem fit 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 may be pleased to direct the 3rd respondent not to take further steps against the petitioners pursuant to the notice Dated 17.10.2025 issued by the 3rd respondent pending disposal of the above WP in the interest of justice, and to pass necessary order or orders as this Hon'ble Court may deem fit. Counsel for the Petitioner(S):

1. T JANARDHAN RAO Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
1. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.
2. The writ petition is filed seeking a declaration that the action of the 3rd respondent in not considering the petitioner's explanation dated 06.11.2025 submitted in response to the notice dated 17.10.2025 issued under Section 4 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, and in proceeding to take steps for resumption of the DKT land sanctioned to the 1st petitioner's father in the year 1980, situated in Sy.

Nos. 86/1 admeasuring Ac. 0.25 cents, 86/2 admeasuring Ac. 1.19 cents, 86/3 admeasuring Ac. 1.33 cents, 86/4 admeasuring Ac.0.44 cents, and 86/5 admeasuring Ac. 0.06 cents of Dharmapuri Village, Vizianagaram Mandal and District, is illegal and arbitrary.

3. The learned counsel for the petitioner submits that the 3rd respondent issued a show-cause notice dated 17.10.2025 in Form-I under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, to the petitioners and their vendee, calling upon them to show cause as to why the assignment made in their favour should not be cancelled and the land resumed to the Government. Pursuant to the said notice, the petitioner submitted a detailed reply dated 06.11.2025. However, without considering the said explanation and without passing any final orders as required under the Act, the respondent authorities are now attempting to interfere with the petitioner's peaceful possession and enjoyment of the subject property. Hence, the present writ petition.

4. Considering the above submissions and on perusal of the material available on record, this court is of the considered view that, the writ petition is disposed of by directing the respondent authorities not to interfere with the petitioners' peaceful possession and enjoyment of the subject property without passing a final order under the A.P. Assigned Lands (Prohibition of Transfers) Act. Accordingly, the writ petition stands disposed of. No order as to costs.

As a sequel, interlocutory applications if any pending, shall stand closed.

________________________ JUSTICE D. RAMESH Dt:25.11.2025 klk THE HONOURABLE SRI JUSTICE D. RAMESH 222 WRIT PETITION No.31926 of 2025 Dt:25.11.2025 klk