The cancellation of land patta without proper notice violates principles of natural justice and legal procedure, rendering the order invalid.

ORDER :

K.SARATH, J.

1. This Writ Petition is filed questioning the impugned orders in Lr.C.No.1319/2107 dated 27.07.2017, whereby the respondent No.4/Tahsildar, Kollapur cancelled the patta granted in favour of the petitioner in respect of land admeasuring to an extent of Ac.1.00 guntas situated in Sy.No.130, situated at Kollapur Town and Mandal, Nagarkurnool District (hereinafter referred to as ‘subject land’) without giving any opportunity to the petitioner and sought to set aside the same.

2. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue and perused the record.

3. The learned Counsel for the petitioner would submit that the petitioner was assigned agricultural land admeasuring to an extent of Ac.1.00 guntas situated in Sy.No.130, situated in Kollapur Village and Mandal in the year, 1991 and she was also issued Pattadar Pass Book and Form 1-B Register in her favour and since then the petitioner and her family members are eking out their livelihood by cultivating the said land. The petitioner was also issued with D- Form patta. The respondent-authorities informed the petitioner that the D-Form patta given to the petitioner was resumed on the ground the petitioner has not been cultivating the said land for the last three years and supplied copy of impugned order in Lr.No.C/1319/2017 dated 27.07.2017.

4. The learned Counsel for the petitioner would submit that though in the impugned order it is stated that a notice was issued to the petitioner on 04.07.2017, no notice was served on the petitioner and the impugned order is passed behind back of the petitioner. The conditions of patta state that the land should be brought under cultivation within two years from the date of assignment, whereas in the impugned order it is stated that for the last three years the petitioner was not cultivating the land which is not at all a ground to cancel the patta granted in favour of the petitioner and therefore the impugned order passed by the respondent No.4 is without any notice and the same is ex facie illegal and requested to allow the writ petition by setting aside the impugned order.

5. On the other hand the learned Assistant Government Pleader for Revenue basing on the counter filed by the respondent No.4 would submit that the petitioner was assigned with subject land by virtue of G.O.Ms.No.1406, dated 26.07.1958 and as per the terms and conditions of the said G.O., the petitioner ought to have brought the said land into cultivation within three years from the date of assignment, but as the petitioner never cultivated the said land at any point of time, a notice was issued to the petitioner vide Ref.No.C/1319/2017 dated 04.07.2017, which was served on the daughter-in-law of the petitioner namely K.Laxmi and as the petitioner failed to submit any reply within the mandatory period and the impugned order was passed resuming the subject land by conducting Panchanama dated 28.07.2017. The subject land is resumed for the purpose of construction of Double Bed room houses and there are no merits and requested to dismiss the writ petition.

6. After hearing both sides and on perusing the material on record, this Court is of the considered view that there is no dispute with regard to assignment of suit schedule land admeasuring to an extent of Ac.1.00 guntas in Sy.No.130 of Kollapur Town and Mandal, Nagarkurnool District to the petitioner. In the writ affidavit, the petitioner stated that D-Form patta was issued to her in the year 1991, but the respondents in their counter stated that the subject land was assigned to the petitioner in the year,1974 by virtue of G.O.Ms.No.1406, dated 26.07.1958. In the impugned order in Proc.No.C/1319/2017, dated 27.07.2017 it is stated that the petitioner is not cultivating three years prior to passing of the impugned order by violating the conditions of assignment patta. It is stated in the impugned order that basing on the report of the Mandal Revenue Inspector an