Reddypogu Mary Sampath Kumari Vs The State of Andhra Pradesh

REDDYPOGU MARY SAMPATH KUMARI, W/O. R.P.V. RAMANA,AGED ABOUT 59 YRS, OCC. ADVOCATE,R/O. 64/43L109, L.B.S. NAGAR, WARD 50, VTC, KURNOOL DISTRICT, ANDHRA PRADESH -518 001.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, SECRETARIAT, VELAGAPUDI, GUNTER,A.P.

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THE DISTRICT COLLECTOR, KURNOOL DISTRICT, A.P.

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THE REVENUE DIVISIONAL OFFICER, KURNOOL URBAN MANDAL,KURNOOL DISTRICT, A.P.

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THE MANDAL REVENUE OFFICER, KURNOOL URBAN MANDAL, KURNOOL DISTRICT, A.P.

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THE VILLAGE REVENUE OFFICER, KTIRNOOL VILLAGE AND MANDAL, KURNOOL DISTRICT, A.P.

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...RESPONDENT(S):

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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 tomay be pleased to issue a writ order of direction more particularly one in the nature of Writ of Mandamus, declaring that the action of the

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Respondent No.3 in issuing Notice, vide Notice, dated. 21/10/2021 to the Petitioner, under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 and demanding to evict the Petitioner from her Residential House Site, admeasuring 26.6X19 Sq. fts., in Sy.No.35/5C1 and A, 61, vide House bearing No.64/43L109, situated at L.B.S. Nagar, Ward 50, VTC, Kurnool District, Andhra Pradesh -518 001, for the purpose of being transferee of the Assigned House Site,admeasuring 26.6X19 Sq. fts., in Sy.No.35/5C1 and A, 61, vide House bearing No.64/43L109,by evicting the Petitioner from her Residential House, which is illegal, arbitrary and against the Provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 and also against the Article 21 and 300-A of Constitution of India, and consequently, set aside the Notice, vide Notice, dated. 21/10/2021 to the Petitioner, by Respondent No.3, under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 and also direct the Respondent Authorities not to evict ordispossess the Petitioners from their Residential Houses vide Residential House Site, admeasuring 26.6X19 Sq. fts., in Sy.No.35/5C1 and A, 61, vide House bearing No.64/43L109, situated at L.B.S. Nagar, Ward 50, VTC, Kurnool District, Andhra Pradesh - 518 001and pass such

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IA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the Notice, vide Notice, dated. 21/10/2021 to the Petitioner, by Respondent No.3, under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 and also direct the Respondent Authorities not to evict or dispossess the Petitioners from their Residential Houses vide Residential House Site, admeasuring 26.6X19 Sq. fts., in Sy.No.35/5C1 and A, 61, vide House bearing No.64/43L109, situated at L.B.S. Nagar, Ward 50, VTC, Kurnool District, Andhra Pradesh — 518 001and pass such

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IA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to vacate the interim order passed in WP. 28262/2021 dated 01-122021 and pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to implead me as Respondent No.6 in W.P. No. 28262 of 2021 and also pending Interlocutory Applications therein, in the interest of justice and pass

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Counsel for the Petitioner:

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1.SUBRAMANYAM DARABOINA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 28262 of 2021

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ORDER: -

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 5 and the learned counsel for the implead petitioner/ 6^th respondent.

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This writ petition is filed questioning the notice issued by the 4^th respondent under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 dated 21.10.2021 alleging that the petitioner was found to be the transferee of the assigned house site as specified in the schedule given in the said notice in contravention of the provisions of the Section 3 sub-clause 2 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Hence, the petitioner was directed to show cause within 15 days from the date of receipt of the said notice as to why she should not be summarily evicted from the said assigned house site by forfeiting the existing property thereon.

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The extent of House site is 26.6X19 Square yards in Survey No.35/5C1 & A (VSP) & 61 situated in Kurnool. The description of the land is plot No.12 of the Patta in Rc.B/3784/77, dated 09.1997. One Sri Narayana Singh S/o. Thotaram Singh and his second wife Usenamma were the transferors/assignees of the subject land. By virtue of the registered sale deed document No.4642/2003, dated 05.06.2003, the petitioner as transferee came into possession of the

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subject land and raised RCC building on the ground. The above said notice was issued to the petitioner as well as to the original assignee/ transferor. Now that the 6^th respondent is also claiming under original assignee as being a daughter. The learned counsel for the petitioner submits that the petitioner also submitted explanation to the above said impugned notice dated 21.10.2021 but there is no progress in the matter.

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On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 5 submits that if proper explanation is submitted by the petitioner, the same will be considered by the said respondents following due procedure. The learned counsel for the 6^th respondent also submitted that the 6^th respondent is having interest in the subject property and unless an opportunity is given before the authorities concerned to participate in the enquiry, much prejudice would cause to her.

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In view of the above said facts and circumstances, the petitioner and the 6^th respondent are permitted to submit their explanations to the above said impugned Form-II notice dated 21.10.2021 of the 4^th respondent enclosing all the necessary documents in support of their claims within a period of four (4) weeks from the date of receipt of copy of this order. On receipt of such explanations from the petitioner and the 6^th respondent, if any, the 4^th respondent shall proceed with the necessary enquiry by hearing to

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the parties concerned including the petitioner and the 6^th respondent giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible preferably within a period of three (3) months from the date of receipt of copy of this order. Pending enquiry, status-quo as on today shall be maintained by all the parties with respect to the subject land covered under the impugned notice and schedule thereon dated 21.10.2021. The petitioner and the 6^th respondent can seek alternative prayers also. The learned counsel for the petitioner submits that the petitioner is a land less poor woman. If that be the case, such situation may be taken into consideration while deciding the matter on merits by the 4^th respondent.

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