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2005 Supreme(AP) 305

Andhra Pradesh High Court
Judges : C.Y.SOMAYAJULU
B.Bhoomarajam - Appellant
Versus
Joint Collector - Respondent
Decided On : 03-30-05

Headnote:

Land Revenue Act 1317 Fasli - Section 166-B – Acquisition of land - suo motu power to cancel the patta granted - Notice - Political suffers was assigned Acs. 10. 00 of land in S. No of Medical the Revenue Divisional Officer East Division issued a show cause notice as to why the assignment in his favour should not be cancelled as the land assigned is within the reserve forest area and is covered by the ban, as per G. O. Ms. No. Revenue (Q) Department - Prohibiting assignment of such land. Petitioner sent a reply that the land assigned to him is not in Forest, as it was deleted by G. O. Ms. from forest area and since he spent a judge amount developing the land assignment in his favour cannot be cancelled - No action seems to have taken thereafter in pursuance of that show cause notice - District Revenue Officer - District issued a show cause notice to the petitioner - Assignment of land made to him should not be cancelled for which petitioner sent a reply - BY his proceedings the District Revenue Officer cancelled the patta granted to the petitioner on the ground that the land assigned falls - Before assigning the land in favour of the petitioner - Questioning the said order of cancellation - Petitioner preferred an appeal to the Commissioner of Land Revenue, who remanded the case to the Joint Collector (1st respondent) for deneo enquiry - After an enquiry 1st respondent by his proceedings impugned in this petition ordered cancellation – Held, Respondents did not take any action in pursuance of show cause noticed issued and issued a fresh notice shows that respondents have accepted the explanation of the petitioner that he spent a huge amount to develop the land and so it cannot be said that the petitioner is not in actual possession of the land – Respondents having kept quiet for 10 years on offer alleged to have been made by petitioner cannot now say that they are prepared to look into offer made by petitioner and allot some house site to him - It is well-known that an offer should be accepted before it becomes stale - Much water has flown under bridge - When offer allegedly made by petitioner was not accepted till now, respondents who say that they would look into that offer cannot be taking shelter on offer allegedly made by petitioner say that they have a right to cancel assignment made in favour of petitioner - Even without accepting offer and allotting a house site - Order passed by first respondent on the show cause notice issued by the second respondent is liable to be and hence is quashed - Writ Petition is allowed

( 1 ) PETITIONER a political suffers was assigned Acs. 10. 00 of land in S. No. 805 of Medical Village on 27-10-1967. On 03-10-1990, the Revenue Divisional Officer, Hyderabad East Division, issued a show cause notice as to why the assignment in his favour should not be cancelled as the land assigned is within the reserve forest area and is covered by the ban, as per G. O. Ms. No. 1122 Revenue (Q) Department, dated 29-06-1961, prohibiting assignment of such land. Petitioner sent a reply that the land assigned to him is not in Forest, as it was deleted by G. O. Ms. No. 20 dated 18-01-1963 from forest area, and since he spent a judge amount developing the land assignment in his favour cannot be cancelled. No action seems to have taken thereafter in pursuance of that show cause notice.

( 2 ) SUBSEQUENTLY, on 09-07-1996, the District Revenue Officer, Rangareddy District, issued a show cause notice to the petitioner, as to why the assignment of land made to him should not be cancelled, for which the petitioner sent a reply on 02-09-1996. BY his proceedings dated 16-12-1996 the District Revenue Officer cancelled the patta granted to the petitioner on the ground that the land assigned falls within the ban area as per G. O. Ms. No. 1122 Revenue (Q) Department, dated 29-06-1961, and as no relaxation or approval from the Government was obtained by the then Tahsildar, Medchal, before assigning the land in favour of the petitioner. Questioning the said order of cancellation, petitioner preferred an appeal to the Commissioner of Land Revenue, who remanded the case to the Joint Collector (1st respondent) for deneo enquiry. After an enquiry, 1st respondent by his proceedings No. E5/1007/91 dated 20. 05. 2000, impugned in this petition ordered cancellation of the patta granted to the petitioner on two grounds i. e. (i) petitioner did not suffer imprisonment for six months, and (ii) assigned land is within the belt area, covered by prohibition from assignment as per the Government Memo No. 5079/d2/67-2, dated 05. 01. 1968 Rev. (Q) Department read with G. O. Ms. No. 1122 Revenue (Q) Department, dated 29-06-1961.

( 3 ) THE main contention of Sri Ramakrishna Reddy, learned senior counsel for the petitioner is that since the show cause notice was issued under Section 166-B of Land Revenue Act 1317 Fasli, nearly about 30 years after the assignment and since suo motu power of review is expected to be exercised within a reasonable time as held in Yamunanagar Co-operative House Building Society v. Government of Andhra Pradesh (1997 (4) ALD 359 (D. B) following the ratio in State of Gujarat v. Patel Raghav (AIR 1969 Supreme Court 1297), and Ibrahimpatnam Taluk Vyavasaya Coolie Sangam v. K. Suresh Reddy (1996 (2) An. W. R. 511 (D. B.) confirmed by the apex Court in Ibrahimpatnam Taluk Vyavasaya Coolie Sangam v. K. Suresh Reddy ( (2003) 7 Supreme Court Cases 667), 1st respondent exercising suo motu power to cancel the patta granted to the petitioner is unsustainable. It is his contention that since G. O. Ms. No. 1110 dated 26-05-1960, imprisonment for any term is sufficient, the assumption of the first respondent that imprisonment for six months is a condition precedent for a political sufferer being eligible for grant of a patta, is not correct and in any event since the Government Memo No. 5079/q2/67-2 dated 05-01-1968, relied on by the 1st respondent for canceling the patta of petitioner is subsequent to the assignment made in his favour, cancellation of the assignment basing on such subsequent memo is improper.

( 4 ) THE contention of the learned Government Pleader is that since as per the G. O. Ms. No. 1276 Revenue (B) Department dated 23-12-1967, imprisonment for six months is mandatory for a person to become entitled to assignment of land as a political sufferer and since as per G. O. Ms. No. 1122 Revenue (Q) Department, dated 29-06-1961 read with Memo No. 5079/d2/67-2, dated 05. 01. 1968 Rev. (Q) Department, assignment of land within 10 miles from







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