Rc.A.

895 /2019, Tahsildar’s Office,

From To
Sri G.Bhadru The Govt. Pleader for Revenue
Tahsildar, High Court Buildings,
Penamaluru A.P.,Amaravathi.
Krishna District.

Sir,
Sub: Writ Petition – Krishna District – Penamaluru Mandal- Vanukuru Village –Writ Petition
No. of 2019 filed by Sri Badugu Rajesh S/o Venkateswara Rao Resident of Vanukuru
Village and Sri Koneru Gandhi, S/o Late Hanumantha Rao Resident of Penamaluru
Village of Penamaluru Mandal praying to suspend the operation of impugned
Proceedings Rc.No.A 894/2019 dated 15.11.2019 issued by the 4 th Respondent ie., the
Tahsildar, Penamaluru Mandal, Krishna– Instructions submitted –Regarding.

Ref:1.Writ Petition No. of 2019 filed by Sri Badugu Rajesh S/o Venkateswara Rao Resident
of Penamaluru Village of Penamaluru Mandal .
&&&

I submit that, Sri Badugu Rajesh S/o Venkateswara Rao Resident of Penamaluru Village of
Penamaluru Mandal have filed W.P.No. of 2019 against 1. The State of Andhra Pradesh Rep.by its
Principal Secretary to Govt., Revenue Department, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh,
2. The District Collector, Krishna District at Machilipatnam, 3. The Revenue Divisional Officer, Vijayawada,
Krishna District and 4. The Tahsildar, Penamaluru Mandal, Krishna District for Orders to suspend the
operation of impugned Proceedings Rc.No.A 894/2019 dated 15.11.2019 issued by the 4 th Respondent
ie., the Tahsildar, Penamaluru Mandal, Krishna District.
In this connection, I submit that the brief history of the case is as follows:-
As per the instructions issued by the District Collector, Krishna to identify suitable Government
land for providing house sites and houses to the eligible beneficiaries under “Navaratnalu-Pedalandariki
Illu”, The process of identification of suitable Government land/Assigned land has been taken up in
Penamaluru Mandal. During the process of verification, it is found that an extent of Ac.5.00 cents in
R.S.No.204-2 of Vanukuru Village of Penamaluru Mandal which was assigned to Sri Maganti Ankineedu is
under the occupation of Sri Koneru Nageswara Rao S/o Hanumantha Rao 2. Sri Koneru Gandhi S/o
Hanumantha Rao and 3. Sri Baudgu Rajesh S/o Venkateswara Rao of Vanukuru village in contravention
of the provisions of Sub Section (2) of Section 3 of AP Assigned Lands (Prohibition of Transfers) Act,
1977.

Notices in Form –I and Form –II as required under Sec.3 of AP Assigned Lands
(Prohibition of Transfers) Act, 1977 was issued to the original Assignee Sri Magani Ankineedu and to the
present occupiers 1. Sri Koneru Nageswara Rao S/o Hanumantha Rao 2. Sri Koneru Gandhi S/o
Hanumantha Rao and Sri Badugu Rajesh S/o Venkateswara Rao of Penamaluru Village directing them to
show cause within 15 days of receipt of the said notice as to why they should not be summarily be
evicted from the said land and as to why any crop or other construction erected or anything deposited
therein should not be forfeited.

Notices in Form-II dated 5.10.2019 was served on the present occupiers 1. Sri Koneru
Nageswara Rao S/o Hanumantha Rao 2. Sri Koneru Gandhi S/o Hanumantha Rao and 3. Sri Badugu
Rajesh S/o Venkateswara Rao of Penamaluru Village. As the Original Assignee Sri Maganti Ankineedu or
his Legal Heirs are not residing in the village and their whereabouts are not known and hence the said
notice in Form-I was served by affixing in the said land with a stick in the presence of Panchanamadars.
As prescribed under rules before expiry of the prescribed period of 15 days the present occupiers have
not submitted any written explanation to this office within the stipulated time.
 In this connection, on verification of records and as per enquiry it reveals that an extent
of Ac.11.05 cents in R.S.No.204 of Vanukuru Village is classified as “Cheruvu Poramboke” as per Revenue
Records. Out of that total extent, an extent of Ac.5.00 was sub divided as 204/2 and was assigned to
Sri Maganti Ankineedu during the year 1972. During the year 1980 the said Assigned land was sold out
by the Original Assignee Sri Maganti Ankineedu to Sri Koneru Hanumantha Rao S/o Kodandaramaiah
Ac.2.50 cents vide Regd.Sale Deed No.1800/1980 and an extent of Ac.1.00 to Ravi Rajani Samrajya
Trinath S/o Jayaraju Minor Guardian Smt.Ravi Vijaya Rani W/o Jaya Raju vide Regd.Sale Deed
No.1802/1980 and Ac.1.50 cents to Sri Koneru Ankineedu S/o Kodandaramayya vide Regd.Sale Deed
No.18701/1980 duly stating in the Regd.Deed that the said land was assigned to him in Political Sufferers
quota. But as per record it is noticed that the above said land measuring Ac.5.00 in R.S.No.204/2 of
Vanukuru Village was assigned to Sri Maganti Ankineedu under BPL category but not under Political
Sufferer Quota. After the death of Sri Koneru Hanumantha Rao S/o Kodandaramaiah and his wife, the
sons of Sri Koneru Hanumantha Rao the present occupiers Sri Koneru Nageswara Rao and Sri Koneru
Gandhi are in the possession and enjoyment of the said assigned land measuring Ac.2.50 cents
purchased by their father Sri Koneru Hanumantha Rao.

Ravi Rajani Samrajya Trinath S/o Jayaraju Minor Guardian Smt.Ravi Vijaya Rani W/o Jaya
Raju and Sri Koneru Ankineedu S/o Kodandaramayya sold away the Assigned land which was purchased
by them from the original assignee measuring Ac.1.00 and Ac.1.50 cents respectively in R.S.No.204-2 of
Vanukuru Village to the present occupier Sri Badugu Rajesh S/o Venkateswara Rao vide Regd.document
Nos..982/1989 and నెం.821/1989 respectively. The Original Assignee Sri Maganti Ankineedu or his Legal
heirs are not produced any written explanation in this office within the stipulated time.

It is therefore a clear case of acquiring assigned land by purchase from the assignee and
therefore according to Sub. Sec.(1) of Sec.3 of the said Act, it shall never be deemed to have been
transferred and accordingly no right or title in such assigned land shall vest in the person acquiring the
land and according to Sub. Sec.(2) &(3) of Sec.3 of the said Act it shall be deemed to be NULL AND
VOID.
After observing the usual formalities under Sec.3 of the A.P. Assigned Lands ( Prohibition of
Transfers) Act, 1977, Resumption orders were issued in this office Rc.A 894/2019, dt.15.11.2019 , u/s
4(1) of the Act to take possession of the assigned land measuring Ac.5.00 in R.S.No.204/2 of Vanukuru
Village of Penamaluru Mandal.
Aggrieved by this, the petitioners have approached the Hon’ble High Court of A.P.,
Hyderabad and filed W.P.No. of 2019 seeking with a direction to suspend the operation of the
impugned Order.
It is also pertinent to submit that, there shall be appeal before the Sub Collector,
Vijayawada on the proceedings of the 4th respondent within 90 days, the said fact was clearly mentioned
in the said proceedings. But, the petitioner without following the procedure and without appraising the
facts, directly approached the Hon’ble High Court, A.P., Hyderabad.
Hence, the Hon’ble Court may kindly be appraised that, the Writ Petition filed by the
Petitioners may kindly be dismissed in the interest of Government, as the petitioners purchased the
Assigned land and approached the Hon’ble High Court without appraising the facts and also not followed
the procedure.

Yours faithfully,

Tahsildar, Penamaluru.

Copy submitted to the Collector, Krishna, Machilipatnam for kind information.