Reserved on : 05.12.2025 Pronounced on : 09.12.2025 Uploaded on : 11.12.2025 APHC010651612023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 33700/2023 BETWEEN:

1. MYALA SUJANAMMA, MIYALA SUJANAMMA W/o.LATE SIMHACHATAM, AGED ABOUT 82 YEARS, 2. NETHALA PRAMEELA @ MERCY RUKMINI PRAMEELA NETHALA, W/o.NETHALA PREMANANDAM, AGED 63 YEARS, BOTH 1 AND 2 ABOVE ARE RESIDING AT SY.NO.154/3, BLOCK 1-8, KOMMADI, VISAKHAPATNAM RURAL MANDAL, VISAKHAPATNAM, A.P. - 530 045 ...PETITIONER(S)

AND

1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, A.P.SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522 238

2. THE DISTRICT COLLECTOR, , VISAKHAPATNAM DISTRICT, HAVING OFFICE AT DISTRICT COLLECTORATE, MAHARANIPETA, VISAKHAPATNAM.

3. THE JOINT COLLECTOR, VISAKHAPATNAM HAVING OFFICE AT DISTRICT COLLECTORATE, MAHARANIPETA, VISAKHAPATNAM.

4. THE REVENUE DIVISIONAL OFFICER, BHEEMUNIPATNAM REVENUE DIVISION, BHEEMUNIPATNAM

5. THE TAHSILDAR, VISAKHAPATNAM (RURAL) MANDAL, VISAKHAPATNAM.

6. THE VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY, (VMRDA) REPRESENTED BY ITS CHAIRMAN / COMMISSIONER, HAVING OFFICE AT 8TH FLOOR, VUDA COMPLEX, SIRIPURAM, VISAKHAPATNAM -

530 003.

...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 to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the order of the 5th respondent vide Rc.No.1220/2005/A dated 06.02.2006, resuming an extent of Ac 1.00 cents Ac 1.50 cents and Ac 2.50 cents in Sy.No.154/3 of Kommadi Village, Visakhapatnam (rural) Mandal, Visakhapatnam District and delivery receipt Rc.No.1/2005/Spl.RI dated 15.02.2006 as illegal, fraudulent, arbitrary, void, high handed, violative of the provisions of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 and unconstitutional and consequently set aside the order of the 5th respondent vide Rc.No.1220/2005/A dated 06.02.2006 along with all consequential proceedings issued in connection with the land to an extent of Ac 5.00 cents in SV.No.154/3 of Kommadi Village, Visakhapatnam (rural) Mandal, Visakhapatnam District and to pass such other order or orders.

Counsel for the Petitioner(S): 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S):

1. GP FOR ASSIGNMENT

2. GP FOR REVENUE

3. Somisetty Ganesh Babu SC For VUDA and MUDA The Court made the following:

ORDER:

The present Writ Petition has been filed assailing the resumption proceedings issued by the 5^th respondent-Tahsildar vide RC No.1220/2005/A, dated 06.02.2006, resuming an extent of Ac.1.00 cents, Ac.1.50 cents and Ac.2.50 cents in survey No.154/3 of Kommadi village, Visakhapatnam (rural Mandal), Visakhapatnam District, and in handing over the same to the 6^th respondent-Visakhapatnam Metropolitan Region Development Authority (VMRDA) under delivery receipt vide RC No.1/2005/Spl.RI dated 15.02.2006, as it is illegal, arbitrary, void, violative of principles of natural justice and contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (for short the Act).

2. It is narrated in the affidavit that the subject property was assigned to Miyala Sujanamma w/o. late Simhachalam, in the year 1981 vide D.R. No.187/71. The said Smt. Sujanamma arrayed as petitioner No.1 in the Writ Petition and Smt. Nethala Prameela @ Mercy Rukmini Prameela w/o. Nethala Premanandam, daughter of the petitioner No.1 herein, arrayed as petitioner No.2 in the Writ Petition. Since, the date of assignment, the subject property was brought into cultivation and also constructed a house and the name of 1^st petitioner, was recorded in the revenue records vide Khata No.359 and electricity connection was given by Andhra Pradesh Eastern Power Dist