D. V. S. S. SOMAYAJULU
T. Venkateswarlu – Appellant
Versus
State of Andhra Pradesh – Respondent
| 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:
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
The authority can cancel land assignments based on misrepresentation or fraud without a time limit, as established under Board Standing Orders 15 (18) (1).
Jurisdictional review mandates consideration of existing records and due process in decisions affecting land ownership, emphasizing established possession over mere administrative reports.
Administrative actions must be supported by reasons, and no adverse order should be passed without providing an opportunity to be heard.
Photocopies of the documents filed cannot be treated as “proved”. Pre-abolition records are not produced and proved. Even otherwise this Court while exercising functions under Article 226 of the Cons....
The court emphasized the necessity of adhering to due process before any adverse administrative action can be taken against assignees of land who have allegedly violated assignment conditions.
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