The petitioners in both the writ petitions have assailed the order dated 20-12-2006 of respondent No.1-Joint Collector, Medak District at Sangareddy, cancelling the pattas in respect of the lands assigned to each of them. Since both the writ petitions involve identical facts and questions of law, they are being disposed of by this common order.

2. The brief facts of the case are as follows:

W.P.No. 749 of 2007 has been filed by Smt. Mujeebunissa Begum, W/o. Late Syed Abdul Khadeer. Her father-in-law Syed Wajid, S/o. Ahmed, being the assignee of land, was her predecessor-in-title. The then Tahsildar, Medak Taluk assigned patta vide Patta Certificate dated 31-5-1978 under the Laoni Rules issued in G.O.Ms.No. 1406, dated 26-7-1958 read with G.O.Ms. No.1724, dated 26-8-1959 (in brief, 'Rules') in respect of an extent of Ac. 4.00 guntas of land in survey No. 409 of Zapti Shivanoor Village in favour of Syed Wajid, S/o Ahmed. As per the assignment conditions, the lands were heritable, but not alienable and that the lands should be brought under direct cultivation within three years from the date of assignment and should not be leased out in any manner. The cultivation should be carried out by the assignee or members of his family with hired labour under the supervision of the assignee himself or the members of his family.

3. Similarly, the petitioners (4 in number) in W.P.No. 750 of 2007 were also assigned pattas. Petitioner No.1 was assigned Ac. 4-00 guntas and petitioner Nos. 2 to 4 were assigned Ac. 3-02, 3-03 and 3-00 guntas of land, respectively in survey No. 409 of Zapti Shivanoor Village. Petitioner No.1 was assigned by proceedings No.B4/5623/82, dated 26-8-1989, petitioner No.2 was assigned by proceedings No.B/622/1990, dated 1-5-1990 and petitioner Nos. 2 to 4 were assigned by separate proceedings No.B/622/1990, dated 1-5-1990. These assignments were also made on the same conditions viz., the lands were only heritable, but not alienable and should be brought under the cultivation within 3 years from the date of the assignment and should not be leased out in any manner. The lands should be cultivated by the assignee or the members of his family or with hired labour under the supervision of the assignee himself or the members of his family.

4. A show cause notice No.E2/2136/2001, dated 10-5-2001 was issued by respondent No.1-Joint Collector, Medak District, to the writ petitioners proposing to cancel the said assignments of pattas in the purported exercise of the powers under Section 166-B of A.P. (Telangana Area) Land Revenue Act, 1317 Fasli un the following grounds:

(i) the father of the assignees Sri Ghousuddin was a Government servant working in the Revenue Department at the time of assignment;

(ii) the assignees would not come within the definition of landless poor persons;

(iii) lands were not cultivated personally; and

(iv) the father of the assignees Sri Ghousuddin held that General Power of Attorney and the assignees are in jobs abroad.

5. The said show cause notice was served on Ghousuddin, the father of the petitioners. He submitted explanation dated 16-7-2001 and additional explanation dated 8-8-2002 to the said show cause notice. In the said explanation, he explained that the said show cause notice was affixed to his house. The assignments were made when he was working as U.D.C. in the Revenue Department in Nizamabad District, but not in Medak District, and that he never influenced for grant of assignment in favour of the petitioners. His sons were separated from him long back and the assignments were made to them in their individual capacity after thorough enquiry, on being found that they were landless poor. The assignees were personally cultivating the land without contravening the conditions of assignments. The assignees went abroad in the year 19971998 during the drought situation in the area and returned without securing any jobs there.

6. As regards the petitioner in W.P. No. 749 of 2007, it was explained that