HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33458 of 2012

ORDER:

Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal.

2. This Writ petition is filed seeking the following prayer:- “to declare the order dated 02.07.2012 passed by the first respondent dismissing the Revision in file no.F3/5227/2006-F3/40/Assgn/2006 filed by the petitioner under section 4-(A)(2) of the Andhra Pradesh Assigned Lands (Prohibition on Transfer) Act 1977 for default without giving any notice to the petitioner and in violation of the principles of natural justice as being arbitrary and unjust .”

3. Brief facts stated in this writ petition are that the petitioner claims to be owner of land admeasuring Ac.1.08 guntas in Sy.No.128 of Ramaipally Village, Toopran Mandal, Medak District, having acquired the same through registered sale deed bearing document No.1740 of 1987 dated 26.05.1987. The case of the petitioner is that respondent No.3, claiming that the subject land is Government Land issued show cause notice dated 05.06.2004, thereafter, petitioner submitted a detailed explanation on 26.06.2004 and without considering the same, respondent No.3 passed resumption order dated 02.07.2004. Challenging the same, petitioner under Section 4-A of the Andhra Pradesh Assigned Lands (Prohibition on Transfer) Act 1977 (herein after referred as Assigned Lands Act) filed Appeal No.C/2307/2004 and the respondent No.2 vide order dated 18.02.2006 had dismissed the same. Aggrieved by the order dated 18.02.2006 in Appeal No.C/2307/2004, petitioner under Section 4-(A)(2) of the Assigned Lands Act, filed Revision bearing No.F3/5227/2006- F3/40/Assgn/2006 and respondent No.1 vide order dated 02.07.2012, passed the following order:-

“.... On the other hand the counsel for the revision petitioner has not appeared on any of the occasion after filing the revision. This matter belongs to the year 2006 and was dragged on till now i.e., for a period of (6) years. Even in these circumstances the parties failed to avail the opportunity afforded to them.

In view of the above the revision petition is dismissed.”

Challenging the order dated 02.07.2012 passed in Revision bearing No.F3/5227/2006-F3/40/Assgn/2006, petitioners filed this writ petition.

4. Learned counsel for the petitioner submits that as per the procedure, revenue authorities intimates the dates of hearing the revision to the parties. However, in the present case respondent No.1 failed to intimate the hearing dates. Learned counsel further submits that even in the impugned order dated 02.07.2012, there is no reference of any notice having been issued to the petitioner.

5. Learned counsel for the petitioner submits that earlier the Tahsildar, Manoharabad Revenue Mandal, Medak District, vide notice bearing No.B/124 of 2017 dated 25.02.2017, tried to dispossess the petitioner from the subject land and challenging the same, petitioner filed W.P.No.9703 of 2017 and this Court vide order dated 27.03.2017, passed the following order:-

“In view of the above, this writ petition is allowed in terms of the Judgment dated 21.12.2016, passed by this Court in WP.No.44497 of 2016 setting aside the impugned notices dated 25-02-2017 issued by the 2nd respondent. However, this will not preclude the 2nd respondent from issuing fresh notice furnishing all the basic jurisdictional facts necessary for invoking his jurisdiction under Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, and take action, thereafter, in accordance with law. No order as to costs. As a sequel thereto, Miscellaneous petitions, if any, pending in the writ petition, shall stand closed.”

6. Learned counsel for the petitioner submits that respondent No.1 without granting any opportunity of hearing to the petitioner passed impugned order dated 02.07.2012 in Revision bearing No.F3/5227/2