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ARUN DEV CHOUDHURY
Biki Talum S/o Shri Biki Tamo – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. The petitioner is aggrieved by an order dated 05.10.2020, whereby the Land Possession Certificate issued in his favour by the Additional Deputy Commissioner, Pania, Kra Daadi District was cancelled and it was declared that the said land be remain as community land of Biki clan of Gai-III village to avoid law and order problems.
2. The learned counsel for the petitioner submits that his father was in possession of a plot of land measuring 1,50,000 Sq. Mtrs. in the village Gai-III. The said property is ancestral property and since long back his forefathers are enjoying the same without any hindrance from any corner whatsoever.
3. Subsequently, as the petitioner was possessing and harvesting in one part of the said land, he applied Land Possession Certificate before the competent authority so as to develop the land as well as developed his business. Accordingly, on his application, the authority on the basis of the report of the Divisional Forest Officer, Kurung Kumey District as well as from the Circle Officer, of Kurung Kumey district issued a Land Possession Certificate on 23.10.2013 under the signature of the Additional Deputy Commissioner with spe
The cancellation of the Land Possession Certificate without an opportunity to the petitioner constitutes a violation of the principles of natural justice, warranting the order's reversal.
Natural justice principles require that parties affected by administrative actions be given the opportunity to be heard; failure to do so renders such actions arbitrary and unsustainable.
Violation of principles of natural justice and failure to consider objections raised in the writ petition before passing the impugned order.
Conveyance deed cancellation by Government - Once a registered deed is executed in favour of a party, the original owner is divested of the title to the property. The executant cannot take a ‘U’ turn....
Point of law: Petitioners cannot be deprived of their right to property when the assignment had been given by the authority with their eyes wide open. After allowing the petitioners to enjoy the land....
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