Pollampalli Jayamma W/O Jayaraju v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.41703 of 2015, W.P.No.41707 of 2015, AND W.P.No.41678 of 2015 COMMON ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

All these writ petitions are similar whereunder notices issued to the respective petitioners by the 3rd respondent under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 2007 are questioned. Notice itself is issued directing the petitioners to show cause within 15 days and admittedly, the petitioners have not filed any explanation or objection against the said notice. Instead of raising various contentions raised in the writ petitions, the petitioners would have addressed reply to the said notice to the 3rd respondent, so that the 3rd respondent would be in a position to consider the same and then take appropriate decision in the matter.

Since the 3rd respondent has jurisdiction to issue notice as referred to above, I do not see any reason to entertain the writ petitions. It is also clear that until appropriate orders are passed by the 3rd respondent in accordance with the A.P. Assigned Lands (Prohibition of Transfers) Act and Rules, the petitioners cannot be dispossessed.

Accordingly, these writ petitions are disposed of permitting the petitioners to file their explanations to the impugned show cause notices within two weeks from today and on receipt of such explanations, the 3rd respondent shall consider and issue appropriate orders, as directed above. Till then, the petitioners shall not be dispossessed or otherwise interfered with the land which is the subject matter of the impugned notices. There shall be no order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date: 23-12-2015 kvrm

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.41703 of 2015, W.P.No.41707 of 2015, AND W.P.No.41678 of 2015 Dated: 23-12-2015 kvrm