The court held that eviction of assignees from assigned land without proper inquiry and notice violates principles of natural justice under the Andhra Pradesh Assigned Lands (POT) Act, 1977.

ORDER :

B.KRISHNA MOHAN, J.

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents.

2. In all these Writ Petitions, the proceedings of the Mandal Revenue Officer, Guntur (5^th respondent) dated 10.05.2005 is under challenge. Under the impugned order of the 5^th respondent, the subject lands as detailed in the said proceedings were resumed on the ground of violation of the conditions of grant.

3. The impugned order of the 5^th respondent contains the table relating to the particulars of the original assignees, the survey numbers and the extents. According to it, different survey numbers are included dealing with different extents of lands.

4. According to the impugned order of the 5^th respondent dated 10.05.2005, the total extent of land assigned to the land less poor which was alienated is Ac.163.00 cents and as the assignees violated the conditions of the assignment, it was decided to resume the lands which were assigned previously to the land less poor and who alienated to the others. Accordingly, show-cause notices were issued in Mandal Revenue Office dated 02.06.2003 to the original assignees and some notices were served on the concerned and some were served by mode of affixing the show-cause notice to a stick in the related subject land as they are not available in the village and their whereabouts are not known. Since no explanations have been received from anyone within the stipulated time, the then Mandal Revenue Officer, Guntur passed an Order dated 17.06.2003, resuming the land from the assignees. But, as it was challenged by some of the aggrieved persons of the Anjireddy Nagar Welfare Association represented by its President by name Dr. B. Radha Krishna Murthy, R/o. Naidupet, II line, Guntur by way of Writ Petition No.2801 of 2004 and as per the Orders of the erstwhile High Court dated 22.03.2004 and in terms of the similar Orders passed in W.P.No.19961 of 2003, dated 09.01.2004, again the respondents therein issued notices as contemplated under Rule 3 of the Andhra Pradesh Assigned Lands (POT) Rules, 1977, before passing the Eviction Order against them.

5. In pursuance of the Orders of the erstwhile High Court, individual show- cause notices (Form-I notice) were issued to the members of the petitioners’ association and others, who purchased the land to an extent of Ac.102.28 cents in Sy.No.60/3 etc., of Adavithakkellapadu under Section 3(2) of Andhra Pradesh Assigned Lands (POT) Act, 1977 and the Mandal Revenue Officer, Guntur, issued Rc.No.380/2003-D, dated 08.04.2005 to show-cause within fifteen (15) days on receipt of notices, as to why they should not be summarily evicted from the said assigned lands and as to why any crop or any other product raised on the land or any buildings or any structures erected or anything should not be forfeited. While referring to the said show-cause notice dated 08.04.2005, the Mandal Revenue Officer/5^th respondent also gave another tabulation in the said impugned order dated 10.05.2005 mentioning the village name, survey numbers, extent of land, occupiers details and extent of plots in respect of each occupier.

6. Ultimately, after inserting these two above said tabular forms, he observed that the show-cause notices (Form I notices) were served by affixing show-cause notices to a stick in the related subject land as their whereabouts are not known. Consolidated show-cause notices (Form I notices) were also published on the notice boards of the concerned Panchayat Office, MPDO Guntur and MRO, Guntur. The consolidated show cause notices (Form I notices) were also served to the petitioners’ association and Green City Colony. The Secretary, Anjireddy Nagar Welfare Association and representative of the Green City Colony have submitted explanations on behalf of their association members stating that the petitioners (members) are the absolute owners of the land mentioned in the notices and purchased the same for considerable amoun