COMMON ORDER:

The issue raised in these writ petitions is one and the same.

Hence, these writ petitions are being disposed of by way of a common order.

2. The writ petitions are filed under Article 226 of the Constitution of India by the petitioners to declare the proceedings of the 3rd respondent in R.O.C.No.A/50/2020, dated 05.08.2020, as illegal and arbitrary and consequently direct the respondents 2 and 3 not to interfere with the possession and enjoyment of the petitioners? land.

3. The case of the petitioners in nutshell is that as the petitioners are landless poor and depending on the agriculture and considering their liability for grant of assignment, the Tahsildar, Penumur Mandal, Chittoor District assigned the land to an extent of Ac.4.40 cents in Survey No.800-14 of Guntipalle Revenue Village, Penumur Mandal, Chittoor District vide DKT No.260/4/1399, dated 27.04.1990 to the petitioner in W.P.No.15753 of 2020, the land to an extent of Ac.4.60 cents in Survey No.847-1 of Guntipalle Revenue Village, Penumur Mandal, Chittoor District vide DKT No.262/4/1399, dated 27.04.1990, to the petitioner in W.P.No.17741 of 2020 and the land to an extent of Ac.4.02 cents in Survey No.800-15 of Guntipalle Revenue Village, Penumur Mandal, Chittoor District vide DKT No.261/4/1399, dated 27.04.1990, to the petitioner in W.P.No.17788 of 2020. The land in question was originally not fit for cultivation and the petitioners brought the land fit for cultivation. Since the date of assignment, the petitioners are in possession and enjoyment of the property. While the matter stood thus, the Tahsildar at the instance of political leaders/third parties and at the instigation of superiors, issued notice in R.O.C.No.A/50/2020, dated 05.08.2020 to these petitioners with incomplete allegations and sought for the explanation of these petitioners.

4. The petitioners further contended that the proceedings of Tahsildar, Penumur Mandal, Chittoor District/3rd respondent in R.O.C.No.A/50/2020, dated 05.08.2020 is without jurisdiction and against the Board Standing Orders. The petitioners further submits that the assignments were granted vide DKT pattas but notice was issued by the 3rd respondent without any authority, which is illegal and violative of principles of natural justice, contrary to BSO 15 (18) and requested to set aside the same.

5. Learned Assistant Government Pleader for Revenue appearing for the respondents filed detailed counter while admitting grant of pattas in favour of the petitioners. The main contention is that DKT pattas are obtained in the name of minors on misrepresentation of facts and a detailed report was submitted to the Joint Collector, Chittoor and on instructions, 3rd respondent herein issued notices, which are impugned in these writ petitions, in R.O.C.No.A/50/2020, dated 05.08.2020, thereby the notices cannot be set aside.

6. Heard learned counsel for the petitioners, who reiterated the contentions averred in the writ petitions. Whereas, learned Assistant Government Pleader for Revenue contended that on instructions of the Joint Collector, the Tahsildar/3rd respondent herein issued impugned notice for cancellation of pattas obtained by misrepresentation and the same cannot be set aside, requested to dismiss these writ petitions.

7. Undisputedly, DKT Pattas were issued assigning subject land to the petitioners but it was the contention of the respondents that the pattas were obtained by misrepresentation in the name of minors, who are not eligible for obtaining pattas assigning agricultural land. Whereas learned counsel for the petitioners submits that in view of BSO 15(18), the 3rd respondent herein has no authority to issue such notice for cancellation of DKT pattas in favour of these petitioners.

8. The contention of the learned counsel for the petitioners is that 3rd respondent is not invested with any authority to exercise power under BSO 15 (18), thereby, the impugned notices are unsustainable. It is an undisputed fact that or