The failure of authorities to serve mandatory Form-II notices to a transferee/possessor in addition to Form-I notices served to the original assignee, as required under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, renders the resumption proceedings illegal for violating principles of natural justice.

ORDER:

SUMATHI JAGADAM, J.

Whether the impugned Form-I notice, issued by the 4^th respondent to the vendor, the original assignee, without serving the corresponding Form-II notice on the current possessor (subsequent purchaser), constitutes a gross violation of the mandatory procedure under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007, thereby violates the principles of natural justice (audi alteram partem) and rendering the proceeding liable to be set aside?

2. Heard Sri Sitaram Chaparla, learned counsel for the petitioner, and learned Government Pleader for Revenue appearing on behalf of the respondents.

3. The petitioner is the owner and possessor of land measuring Ac.0.18 cents in Sy No. 426-2 and Ac.0.87 cents in Sy No. 426-7 of Vallur Village, Tangutur Mandal, Prakasam District. On 6 May 1975, the petitioner entered into an agreement of sale with the vendor, Smt. Paladugu Akkamma. Subsequently, the vendor sold Ac.0.18 cents to M. Padmavathamma, who, following mediation by the village elders, transferred the land back to the petitioner vide a registered sale deed (Document No. 1071/1977) on 26 March 1997. Additionally, Smt. Paladugu Akkamma registered the sale deed (Document No. 5320/1995) on 6 November 1995 in favour of the petitioner.

4. The petitioner has been in continuous possession of the property for over 20 years as at the date of the impugned notice dated 2-6-2018. The Form-I notice was issued to the petitioner‘s vendor under Rule 3 of the Rules, 2007. The petitioner‘s counsel submits that, prior to taking action under Clauses (a) and (b) of Section 4(1) of the Act, 1977, the District Collector or the authorised officer is required to issue notices in both Form I and Form II to the transferor and transferee. In the present case, only Form-I notice was issued; no Form-II notice was issued. Therefore, the respondents have violated the prescribed legal procedure, and the Form-I notice must be quashed. Additionally, the failure to issue a Form-II notice to the actual possessor (the petitioner) constitutes a violation of the principles of natural justice. The counsel for the petitioner has relied on the following citations:

a) Sudalagunta Sugars Ltd., Chittoor District, A.P. Vs. Joint Collector, Chittoor, Chittoor District, reported in 2017 (2) ALD 529 – wherein a learned Single Judge of the common High Court of Andhra Pradesh held as follows:

“21. The Government through G.O.Ms. No. 208 Revenue (Assn.-POT) dated 22.02.2007 framed the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007. Rule 3 has laid down the procedure for eviction of the transferee and taking possession and restoration of assigned lands. Rule 3 reads thus:

3. Procedure for eviction of the Transferee and taking possession and restoration of Assigned Lands : - The District Collector or the Authorized Officer shall, before taking action under clauses (a) and (b) sub-section (1) of Section 4 of the Act, issue notices in Form No. 1 and Form II to the persons who have transferred and also to the persons who have acquired any assigned land in contravention of the provisions of sub-section (2) of Section 3 of the Act. The notices shall be served by delivering a copy on Transferor and transferee or some adult male member of the family of such transferor or transferee at their usual place of abode or to their authorized agent or by affixing a copy thereof at some conspicuous place of their last known place of residence or on some conspicuous part of the assigned land. After the expiry of (fifteen) 15 days specified in the notice, the District Collector or the Authorized Officer shall consider the representation, if any, received with reference to the said notice and pass such order as he thinks fit and proper. If it is held that the provisions of sub-sections (1) and (2) of Section 3 of the Act, have been contravened in respect of any assigned land, a copy of the order shall be communicated to the Village Officer concerned under whos