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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
Cherukuri Srinivasulu – Appellant
Versus
Joint Collector – Respondent
Order :
(CHALLA GUNARANJAN, J.)
The writ petition No.6937 of 2007 is instituted by the petitioner challenging the order of 1st respondent/Joint Collector vide proceedings No.D.Dis.E2/2318/2005 dated 13.3.2007, by which the assignment made in his favour was cancelled as being illegal, arbitrary, without jurisdiction and unconstitutional. The petitioner also filed W.P.No.10282 of 2007, challenging the order passed by the 2nd respondent/RDO vide proceedings No.D.Dis/539/2007 dated 01.05.2007 by which the pattadar passbook and title deed granted in favour of the petitioner for the land admeasuring Ac.5.00 cents in Survey No.389/1 of Pedagogulapalle Village, C.S. Puram Mandal, Prakasam District, was cancelled purported to be based on the order of the 1st respondent/ Joint Collector dated 13.03..2007, cancelling the assignment as illegal, without jurisdiction and in violation of principles of natural justice.
2. As these two writ petitions are dealing with the cancellation of the assignment made in favour of the petitioner and the consequential order of the cancelling passbook and title deed emanating from the same facts, both are disposed of by way of common order.
3. These writ petitions h
The authority can cancel land assignments based on misrepresentation or fraud without a time limit, as established under Board Standing Orders 15 (18) (1).
The Joint Collector is competent to exercise power under BSO 15(18) and deal with the issues regarding assignment of land. The power under BSO 15(18) can be exercised at any time in view of the langu....
Authorities must exercise cancellation powers within a reasonable time, especially when no fraud is present and ownership has significantly changed over time.
The cancellation of pattadar passbooks for land requires substantial proof of fraud or illegality, and must adhere to principles of natural justice and binding judicial precedents.
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
The court ruled that while the Revenue Divisional Officer lacked jurisdiction to act suo motu, the Joint Collector's revisional powers were valid in addressing fraudulent claims over government land.
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