THE HON’BLE SHRI JUSTICE JUKANTI ANIL KUMAR

WRIT PETITION No.5161 of 2016

ORDER:

This Writ Petition is filed seeking the following prayer:

“…issue a writ, order or direction more

particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in insisting the petitioner to vacate from his agricultural land properties admeasuring Ac.0.51 guntas and further Ac.0.11 guntas respectively covered by survey No.30/28 and 30/25 of Raghunadhapalem Revenue Village pursuant to notice in Rc.B1/1850/2013-4 dated 04.05.2013 issued by 3^rd respondent, as illegal, irregular, irrational, violative of the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and rules framed there under and offends articles 14 and 21 of Constitution of India and consequently direct the respondents not to dispossess the petitioner from his said land and to

and pass such other order or orders...”

2. Heard Ms. T.Swetcha, learned Assistant Government Pleader for Revenue appearing for respondents. There is no representation on behalf of petitioner. Matter pertains to the

year 2016.

3. It is the case of petitioner that he owns parcels of land to an extent of Ac.0.51 guntas and Ac.0.11 guntas in Sy.Nos.30/28 and 30/25, of Raghunadhapalem Revenue Village, Khammam District. It is further the case of petitioner

that property is that of his forefathers and are eking their livelihood by cultivating the said land.

4. It is averred in the writ affidavit that a notice in Form-II notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, (for short ‘Rules 2007’), dated 04.05.2013, was issued to petitioner to show cause as to why he should not be evicted from Sy.No.30/25 (Ac.0.11gts). Seven (7) days time was granted to offer an explanation. It is not averred in the writ affidavit whether petitioner offered any explanation to show cause notice, dated 04.05.2013. It is his case that on 12.02.2016, respondent No.3 and his office staff visited the subject property and insisted petitioner to vacate the same. Challenging the said show cause notice, dated 04.05.2013, the present writ petition is filed seeking a direction not to interfere with the possession.

5. On 18.02.2016, this Court passed the following order:

“Petitioner claims an extent of Ac.0.51 guntas and an extent of Ac.0.11 guntas in Sy.Nos.30/28 and 30/25 of Raghunadhapalem Village, Khammam Urban Mandal, Khammam District. A notice under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 dated 04.05.2013 in File No.B1/1850/2013-14 was issued to the petitioner with regard to an extent of Ac.0.11 guntas in Sy.No.30/25 and petitioner states that he has given a detailed reply to the said notice.

However, petitioner states that no orders are passed so far but the third respondent insisting upon the petitioner to vacate the land in question.

Learned Government Pleader for Revenue has not been able to get instructions in spite of grant of time.

Hence, there shall be interim direction to the third respondent not to dispossess the petitioner except after passing appropriate orders with reference to the aforesaid notice.

List after four (4) weeks for counter.”

6. Learned Assistant Government Pleader for Revenue appearing for respondents submitted that show cause notice was issued under Rule 3 of Rules 2007, for contravening of provisions of Sub Section 2 of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘Act, 1977’) and that petitioner, instead of offering an explanation, filed present writ petition seeking a direction not to evict from the subject property, that no interference is necessitated.

7. Perused the record. Ex.P1 (Pg.No.10) is the show cause notice dated 04.05.2013 issued by Tahsildar, Khammam. The following are the contents of notice:

“Notice under rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 To Sri Dharavath Kishan, S/o Bitcha Residing in Raghunadh