THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32213 of 2025

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...pleased to issue an appropriate writ or direction more particularly a Writ in the nature of Mandamus by declaring the impugned notice vide Proc.No.B/744/2022 dated 21.06.2025 issued by the 4th respondent to the Petitioner No.2 in respect of the schedule property i e land admeasuring Acs.2.18 Gts in Sy.No.187/7 of Mavala Village and Mandal, Adilabad District is illegal, arbitrary and unconstitutional and set aside the same with a consequential direction to the respondents to consider the appeal filed by the petitioner before Respondent No.3 and pass...”

2. Heard Sri S.Ravi Kiran Reddy, learned counsel appearing for the petitioners and Sri Somaiah, learned Assistant Government Pleader for Assignment, for the respondents and with their consent this Writ Petition is being disposed of at the admission stage.

3. Learned counsel appearing for the petitioners would submit that petitioner No.2 is the son of petitioner No.1. Petitioner No.1 is the absolute owner and possessor of land to an extent of Acs.2.18 guntas in Sy.No.187/7, situated at Mavala Village and Mandal, Adilabad District. The ancestors of the petitioners acquired the land by way of assignment under G.O.Ms.No.1406, Revenue. Since then, the petitioners and their ancestors are in peaceful possession of the subject property. While the matter stood, a notice in Form-II, dated 31.12.2022 has been issued to petitioner No.1 stating that petitioner No.1 has transferred the said assignment land in contravention of provision of Sub Section 2 of Section 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and she was directed to show cause as to why the assignment made to her should not be cancelled and land be resume to government. Petitioner No.1 submitted that she was out of station from 29.11.2022 to 31.12.2022 for attending her family affairs and during that time, one unknown person has put the movable machinery in the land without her notice and thereby the respondents assumed that petitioner No.1 has violated the assignment condition and issued Form-II notice.

4. Rule 3 of the Telangana assigned lands (Prohibition of Transfers) Rules, 2007, mandates that the District Collector and the authorized officer shall, before taking an action under clauses (a) and (b) of Sub Section (1) of Section 4 of the Act, issue a notice in Form-I to the person who acquired any assigned lands in contravention of the provisions of Sub Section 2 of Section 3 of the Act. It is mandated further that this notice shall be served by delivering a copy to him or to some adult male member of the family at his usual place of abode or to his authorized agent, or by affixing a copy there of in a conspicuous place of his last known place of residence, or some conspicuous part of land acquired by him. After the expiry of 15 days specified in the notice, the District Collector, or the authorized officer shall consider representation, if any, received with the reference to the said notice and pass such order as he thinks fit and proper.

5. As can be seen from the impugned order no notice in Form-I was issued, that too giving 7 days time for submission of explanation which is also not in accordance with Rule 3 of the Rules. Aggrieved by the impugned order dated 18.01.2023 the petitioner filed Appeal in the year 2024 before respondent No.4. Pending adjudication of the said Appeal, respondent No.4 issued impugned notice dated 21.06.2025. Aggrieved by the said notice, petitioner No.1 filed W.P.No.20302 of 2025 before this Court. This Court, vide its order dated 15.07.2025 has disposed of the said writ petition directing respondent No.3 to dispose of the appeal filed by the petitioner dated 28.01.2024 under Section 4-A of the Telangana Assigned Lands (Prohibition of Transfers)

Act, 1977 within 3 months.

6. In spite of th