Administrative actions must be supported by reasons, and no adverse order should be passed without providing an opportunity to be heard.

ORDER :

(J. Sreenivas Rao, J.)

1. This Writ Petition is filed seeking the following relief:-

"to issue Writ or Direction one in the nature of Writ of Certiorari calling for the records relating to and connected with the order the order dt.6.12.2008 in Case No.E5/429/2008 passed by the 1st respondent by confirming the order of the 2nd and 3rd Respondents and quash the same."

2. Heard Sri Md.Islamuddin Ansari, learned counsel representing Sri G.Rama Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Assignment appearing on behalf of respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that as the petitioner's father namely D.Rangaiah is landless poor person, the then Mandal Revenue Officer, has granted assignment patta after following due process as contemplated under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act') on 14.08.1967 to an extent of Ac.2.00 gts in Sy.No.23/F situated at Ahmedguda Village, Keesara Mandal, Ranga Reddy District and since then he was in possession and enjoyment of the said property with absolute rights and his name was mutated in the revenue records and issued pattadar passbook and title deed. After his father's death, petitioner is continuing in the said property as legal heir and also as successor. Respondent No.3 without issuing any notice and without giving any opportunity to the petitioner passed the impugned resumption order vide proceedings No.B/ 1211/2005-1, dated 25.06.2005 on the alleged ground that during the course of physical verification, the then Mandal Revenue Officer came to know that the assignee transferred the subject property in favour of Mr.C.Chenna Mallaiah.

3.1. He further submits Mr.C.Chenna Mallaiah submitted detailed explanation dated 12.04.2005 to respondent No.3, specifically stating that the assignee has availed loan for an amount of Rs.3,00,000/- and kept pattadar passbook towards security only and he repaid the said amount on 25.02.2003 with interest to him and he is nothing to do with the subject land. Respondent No.3, without considering the said explanation, passed the resumption order on the ground that petitioner's father violated the assignment conditions.

3.2. He also contended that as on the date of initiation of proceedings, the original assignee i.e., father of the petitioner is no more, and his father not alienated the property to anyone nor violated the assignment conditions.

3.3. He further contended that, questioning the above said order dated 25.06.2005, petitioner had filed an appeal before respondent No.2 invoking the provisions of Section 4(A) of the Act. The Appellate Authority without considering the grounds raised in the appeal simply confirmed the order of the primary authority i.e., respondent No.3 on 24.09.2007. Aggrieved by the same, petitioner filed further appeal before respondent No.1 and the said authority also simply dismissed the appeal on 06.12.2008. The impugned order passed by respondent No.1 confirming the order of respondent Nos.2 and 3 is contrary to the provisions of the Act, and also clear violation of principles of natural justice.

4. Per contra, learned Assistant Government Pleader submits that original assignee violated the terms and conditions of assignment patta. Hence, respondent No.3 rightly initiated the proceedings under the Act after following due procedure and passed the resumption order dated 25.06.2005 and the said order was confirmed by respondent No.2 and also respondent No.1, and there is no illegality or irregularity in the said order.

5. Having considered the rival submissions made by respective parties and after going through the material available on record, it clearly reveals that the then Mandal Revenue Officer had granted assignment patta in favour of the father of the petitioner on 14.08.1967 in respect of the land to an extent of Ac.2.00 gts in Sy.No.23/F situated at Ahmedguda Village, Keesara Mandal, Ranga Reddy