THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.10919 of 2021
Order:
This Writ Petition is filed questioning the action of the 4th
respondent in issuing notice in Form-II dated 24.12.2019 under Rule 3 of
the Andhra Pradesh Assigned lands (Prohibition of Transfers) Rules, 2007 calling upon the petitioner to show cause as to why she should not be summarily evicted from the assigned land of an extent of Ac.0.36 cents in RS No.124-1 of Nelamuru village, Penumantra Mandal, West Godavari district.
The case of the petitioner is that she is the absolute owner and possessor of the subject land having purchased the same from one Tadi Nelson Paulson under a registered sale deed dated 18.11.2014 and the same is in possession of the predecessors in title for more than 48 years; the revenue authorities issued pattadar passbook and title deed in her name bearing No.E679891 for patta No.602; while so, the 4th respondent issued the impugned notice dated 24.12.2019 for which she submitted an explanation on 17.01.2020; however, the revenue officials visited her land, conducted survey and called upon her to hand over the land by removing the existing crop. Hence, the Writ Petition.
The main contention of the learned counsel for the petitioner is that Form-II notice does not contain the name of the original assignee and that no notice is issued on the original assignee.
As seen from the scheme of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and the Rules made therein the notices are to be issued in Form I and II to the transferee and transferor, 2 consider their objections and pass appropriate orders. As seen from Form II notice, the name of the original assignee is not there.
Learned counsel for the petitioner submits that the subject matter of this Writ Petition is squarely covered by the orders passed by this Court in W.P.No.1312 of 2020 dated 31.01.2020. Learned Government Pleader for Revenue appearing for the respondents also concedes the same.
In the said judgment, this Court held that according to Rule 3 of Rules framed under the Act, notice in Form-I and II shall be served on both transferee and transferor, if the original assignee has contravened the Act 9 of 1977.
In view of the facts and circumstances, following the judgment in WP No.1312 of 2020, dated 31.01.2020, the Writ Petition is allowed setting aside the impugned notice dated 24.12.2019. However, it is made clear that the respondents are at liberty to follow the procedure as contemplated under law by strictly adhering to Rule 3 of the Andhra Pradesh Assigned lands (Prohibition of Transfers) Rules, 2007, if the petitioner has violated the provisions of the Act and Rules. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ KONGARA VIJAYA LAKSHMI, J Date:10.06.2021 Cbs/Nsr 3 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.10919 of 2021 Date:10.06.2021 Cbs/Nsr