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2023 Supreme(AP) 1553

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
D.V.S.S. SOMAYAJULU, J.
T. Venkateswarlu – Petitioner
Versus
State of Andhra Pradesh and Others – Respondents
Writ Petition No. 20046 of 2014
Decided On : 31-08-2023

Advocates:
Advocate Appeared:
For the Petitioner: Vedula Srinivas.
For the Respondent: Ch. Laxmi Narayana.

Headnote:(A) A.P. Rights in Land and Pattadar Pass Books Act, 1971 - The impugned order cancelling the D-Form patta was found to be without adequate opportunity to the petitioner and lacked clarity on the alleged fraud perpetuated - Provisions under BSO 15, 17, and 18 were discussed regarding timeline and hearing requirements before adverse orders can be passed. (Paras 3, 11, 15)

(B) Natural Justice - Fundamental tenets of natural justice were violated as the statements relied upon were recorded behind the petitioner's back, without due opportunity for cross-examination, leading to a gross failure of law. (Paras 10, 11)

(C) Fraud - No clear evidence was provided regarding the nature of fraud in the cancellation of the patta, as the assertion was unsupported by specifics on how or when it occurred. (Paras 16)

Facts of the case:
The petitioner had been allotted land in 1995, paid market value, and was in possession since then. An order for resumption of the land was issued citing allegations of fraud; however, the petitioner claimed non-adherence to due process and no clear elucidation of fraud was presented.

Findings of Court:
The impugned order cancelling the land allotment was declared legally unsustainable, as natural justice had been violated and the basis of fraud was not substantiated.

Issues: The main issues addressed were the legality of the order cancelling the land allotment and adherence to natural justice principles.

Ratio Decidendi: The court emphasized that without a clear outline of how fraud was perpetuated and the necessity of following due process in administrative actions, the cancellation of the patta was invalid.

Result: Writ Petition is allowed.

Table of Content
1. petitioner seeks to quash government orders. (Para 1 , 2)
2. facts of land allotment and possession. (Para 3 , 4)
3. arguments from government and opposing counsel. (Para 5 , 6)
4. court's observations on procedural failures. (Para 7 , 9 , 10 , 11)
5. court discusses limitations and procedural rules. (Para 12 , 13 , 14 , 15 , 16)
6. writ petition allowed with no costs. (Para 17 , 18)

ORDER :

1. This Writ Petition is filed for the following relief:

    “........to issue a Writ of Certiorari or any other appropriate direction or directions, to quash the proceedings of the 2nd respondent dated 10.03.2014 in Rc. No. E2/4081/2013 and to set aside the consequential proceedings of the 3rd respondent dated 15.06.2014 in Rc. No. B45/2013 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. This Court has heard the learned counsel for the petitioner, learned Government Pleader for Revenue and Sri Ch. Laxmi Narayana, learned counsel for the 4th respondent.

3. The case of the writ petitioner is that the petitioner has been allotted land measuring Ac. 4-00 cents in Sy. No. 70/2B/1 of Kallur Mandal, Kurnool in January, 1995 and he has paid the market value for the same also. He has been in possession and enjoyment of the same since then. He has filed a civil suit against the attempt of encroachment by the third party and obtained an interim order. Subsequently he was called to the office of the 3rd respondent and informed that the land was to be taken back. Therefore, he filed a writ petition and this Court directed that the petitioner should not be dispossessed except by due process of law. Thereafter, the petitioner was asked to appear before the 3rd respondent and also the 2nd respondent, who have conduced some sort of an enquiry, but most of which was behind the back of the writ petitioner. It is very categorically asserted that the impugned order was passed without giving adequate opportunity to the writ petitioner and that the statements were recorded behind his back. D-Form patta granted to the petitioner was also cancelled relying upon the BSO 15 (18) and Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. Questioning the same, the present writ petition has been filed.

4. Learned counsel for the petitioner relied upon the documents annexed to the writ petition including the counter affidavit filed in the earlier writ petition, wherein the possession of the petitioner etc. was admitted.

5. Learned Government Pleader for Revenue appeared for the official respondents also argued the matter at length and stated that the impugned order is correct in the circumstances of the case. He also points out that as fraud was discovered the cancellation is correct. It is pointed out that none of the revenue records established that a valid patta was in fact given to the writ petitioner. Therefore, it is urged that the action taken is correct. Learned Government Pleader relies upon the counter affidavit and makes his submission in line thereof.

6. Learned counsel for the 4th respondent also raised very similar grounds and argues the matter. He also relied upon the judgment reported in Munganda Venkataratnam v. Joint Collector and Another , 2006 (1) ALD 547 to submit that if fraud is perpetuated there is no question of limitation for the delay as urged by the writ petitioner is not at all correct.

7. This Court after examining the records notices that assignment of the land to the writ petitioner in 1995 is not really disputed. The payment of market value is also not disputed although it is urged that it is deliberately paid by the writ petitioner to cover up his illegality and to strengthen his case.

8. Apart from this, this Court notices that the writ petitioner has also filed the possession certificate dated 10.01.2012, which is issued by the Tahsildar which states that the petitioner is in possession of the property. The next document relied upon is the cou

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