Koya Venkata Gowri Ratna Kumari vs The State Of Andhra Pradesh
2021 Latest Caselaw 1943 AP

      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,

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

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.10919 of 2021

Date:10.06.2021 Cbs/Nsr