Andhra Pradesh High Court
Judges : L.NARASIMHA REDDY
K.BHARATHI - Appellant
Versus
STATE OF ANDHRA PRADESH - Respondent
Decided On : 08/07/2007
Writ Petition 13841 Of 2007
Civil Law – A. P. Slum Improvement (Acquisition of lands) Act, 1956 – Section 3 – Pattedar – Allotment of Land – Notice – Government allotted of land, in favour of Indian National Congress Party – This land included the plots, that were assigned to the petitioners – Apprehending eviction from the land, petitioners filed W. P. – The respondents filed a counter-affidavit, stating that they would not dispossess the petitioners, except by following the procedure, prescribed by law. The writ petition was disposed of, duly recording the undertaking given by the respondents – This was followed by another writ petition, being W. P. – Almost on the same terms, that writ petition was also disposed of – Held, It is evident that the 4th respondent cited three grounds for proceeding against the petitioners. According to him, the pattas granted in favour of the petitioners are vitiated by; (a) mistake of fact; (b) misrepresentation; and (c) exceeding the limits of authority by the officer, who granted pattas – It must be noted that the factual and legal back ground for each of the grounds is different and distinct, and 4th respondent was under obligation to state them, with the required amount of clarity and precision – Mistake of fact is something, which occurs at end of the person, who undertakes exercise, leading to legal obligations – It occurs either on account of his inability to appreciate the matter from the proper perspective, or his not being conversant with the state of affairs – Mere employing the expressions, such as mistaken fact misrepresentation and exceeding limits of authority, without supplementing the necessary facts in support of the respective grounds, would not serve the purpose – No one would be able to deal with such expressions, howsoever learned he may be, unless the relevant facts were stated – The plight of a slum dweller can easily be imagined – Court would be loath, to interfere with the show cause notices, in the facts and circumstances, referred to above; there is no alternative, except to set aside the show cause notices – At the same time, it should be left open to the concerned respondents to initiate proceedings against the petitioners, in accordance with law – Setting aside the impugned show cause notices – Petition is allowed.
( 2 ) RECENTLY, the Government allotted an extent of 5117. 68 sq. yards of land, in favour of Indian National Congress Party, vide g. O. Ms. No. 76, dated 25/11/2005. This land included the plots, that were assigned to the petitioners. Apprehending eviction from the land, petitioners filed W. P. No. 25905 of 2005. The respondents filed a counter-affidavit, stating that they would not dispossess the petitioners, except by following the procedure, prescribed by law. The writ petition was disposed of, on 19/12/2006, duly recording the undertaking given by the respondents. This was followed by another writ petition, being W. P. No. 499 of 2007. Almost on the same terms, that writ petition was also disposed of, on 8/2/2007.
( 3 ) THE Collector, Hyderabad, the 4th respondent herein, issued show cause notices dated 21/6/2007, to the petitioners, requiring them to explain as to why the pattas granted to them shall not be cancelled. It was pointed out that, irregularities have taken place in the course of granting pattas, that too, by an authority, not vested with the power. The petitioners challenge the show cause notices. They submit that the notices are as vague as they could be, and the allegation, as to misrepresentation, is absolutely without any basis. They contend that, in spite of their best efforts, they cannot make any sensible representation, in response to the show cause notices. Their further contention is that, the notification issued under the Act, is still in force, and as long as the same stands, the question of the land being resumed, that too, for allotmentto a political party; does not arise.
( 4 ) ON behalf of the respondents, 1, 3, 45, and 6, a counter affidavit is filed. It is stated that the land in question belongs to the A. P. Housing Board, the 2nd respondent, and on a mistaken impression, the Revenue Divisional officer, Hyderabad, the 5th respondent, granted pattas to the petitioners. It is urged that the notification issued under the Act, is also untenable, since the owner of the land was not put on notice. It is admitted that the land of the petitioners is proposed to be handed over to the Indian National Congress.
( 5 ) HEARD the learned counsel for the petitioners and learned Government Pleader for Assignment.
( 6 ) IT is a matter of record, that the petitioners were granted D-Form pattas, in respect of 33. 33 sq. yards, each, way back in the year 1995. Constructions are said to have been made thereon, by the respective allottees. Prior to this allotment, the government issued notification under Section 3 of the Act. With that, the land assumes, totally a different character. Unless any notification is issued, cancelling the one, dated 12/12/1991, the land cannot be taken away, from the purview of that Act.
( 7 ) THE 1st respondent issued G. O. Ms. No. 76, dated 25-11-2005, allotting an extent of 5117. 68 sq. yards in favour of Indian national Congress Party. This land, however, includes an extent of 1153. 9 sq. yards, which was allotted to the petitioners. The respondents have categorically admitted this. It is not known as to how the 1st respondent has allotted the land, of 1153. 9 sq. yards, without either cancelling the pattas, granted in favour of the petitioners, and without neutralizing the proceedings, that were taken place under the Act. Whatever may be the legality or otherwise of the rest of the land, allotted under G. O. Ms. No. 76, the extent of 1153. 9 sq. yards ought not to have been allotted, through that G. O. , as long as the assignment in favour of the petitioners, as well as the notification under the Act remained intact. That, however,
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