Smt D Prasanthi v. State Of Ap

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.6330 of 2018 ORDER:

The case of the petitioners is that they are landless and houseless poor persons and agricultural coolies belonging to Scheduled Caste Community. They submit that there was an extent of Acs.2.17 cents in Survey No.229/B2 of Lagadapadu Village, Pedakurapadu Mandal, Guntur District, belonging to Sri Gurajala Rosaiah and Myneni Chinna Abbayya. When the said owners were not willing for their land to be acquired by the Government for less compensation, the petitioners and others also contributed some amount and paid the same to the owners of the land for acquisition and distribution of the land. Pursuant to the acquisition, the petitioners were distributed the pattas to an extent of Ac.0.02 cents each. The Government also assured for construction of model housing by laying roads and culverts. But, no steps are taken thereafter.

While so, the fourth respondent issued notices dated 25.01.2018 to the petitioners under Section 3(2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act in respect of the subject land on the ground that the petitioners have violated the said provision and transferred or alienated the land. The petitioners tried to submit the explanation, but the fourth respondent refused to receive the same. Then they approached the second respondent and submitted a copy of their explanation addressed to the fourth respondent dated 06.02.2018 in the grievance cell.

Hence, apprehending dispossession without passing any order, they filed this Writ Petition challenging the said notices. Since the record reveals receipt of the explanation of the petitioners dated 06.02.2018 in the office of the fourth respondent and the petitioners state that the proceedings pursuant to the notices issued on 25.01.2018 are pending before the fourth respondent, the fourth respondent is directed to consider the objections filed by the petitioners on 06.02.2018 and pass appropriate orders thereon in accordance with law. Till such orders are passed, the possession of the petitioners shall not be interfered.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 26.02.2018 vs