THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.18503 of 2008

ORDER

This writ petition is filed questioning the action of the respondent No.4 in cancelling the final patta certificate dated 20.09.1997 issued in favour of the petitioner in respect of Ac.5-00 guntas of dry land in Sy.No.132 situated at Rudraram village, Patancheru Mandal, Medak District.

2. Facts of the case stated in brief are that the petitioner submits that he is an ex-serviceman and a pensioner from the Indian army and in recognition of his service, the Government of Andhra Pradesh assigned Ac.5-00 guntas of dry land in Sy.No.132 situated at Rudraram village, Patancheru Mandal, Medak District vide proceedings of the respondent No.4 dated 20.09.1997 and accordingly a final patta certificate was issued in favour of the petitioner. It is further case of the petitioner that he has developed the said land and the 4th respondent issued title deed document No.620 and pattedar pass book in respect of Ac.5-00 guntas in the subject property. It is further submitted that in the year 2008, the staff of Respondent No.4 orally informed the petitioner that his patta was cancelled by the respondent No.4 vide proceedings No.B/5100/05 dated 28.12.2005. The petitioner further submits that respondent No.4 after granting patta in the year 1997 i.e., after lapse of 11 years without putting on notice or offering any opportunity of hearing to the petitioner has cancelled the said patta. Thereafter, by continuous persuasion of petitioner, the respondent No.4 issued a memo dated 13.08.2008 stating that record in file No.B/5100/05 is not available with them. Petitioner further submits that the cancellation of the patta without issuing any notice is arbitrary, illegal and in violation of the principles of natural justice. Questioning the same, the present writ petition is filed.

3. A counter has been filed on behalf of the respondent No.4/Thahsildar, Patancheru Mandal stating that an extent of Ac.5-00 guntas of Government land in Sy.No.132 situated at Rudraram Village has been granted in favour of petitioner vide proceedings No.B/5577/97 dated 20.09.1997. However, the assignee/petitioner has never cultivated the land since from assignment and violated the conditions of the patta certificate and due to the violation of conditions of assignment, the said land was resumed back to Government vide proceedings No.B/5100/05 dated 28.12.2005 after following due procedure. It is further submitted that on verification of assigned land, it is found that the petitioner has not brought the land into cultivation since from the date of delivery till the date of resumption of land into the Government estate. Along with copy of counter respondent No.4 has also filed certified copies of pahanies.

4. Subsequently, as per the instructions of the District Collector, Medak/respondent No.2 vide letter No.E2/2093/2007 dated 24.06.2007 that the Government land to an extent of (88-00) acres including this (5-00) acres has been handed over to the Dy.E.E, Housing Board, Hyderabad under proper Panchanama on 29.06.2007 which was also approved by the Government and issued G.O.Ms.No.1383, Revenue (ASN-IV) Department, dated 26.10.2007. It is further submitted that at present the lands are under the custody of Housing Board.

5. It is submitted that earlier the said lands were assigned under Ex-serviceman quota to five persons and on physical verification of the said lands by the field staff during the year 2005, the above persons were not in physical possession since from the date of assignment and due to the violation of the assignment conditions laid down in G.O.Ms.No.743 dated 30.04.1963, the above lands which are assigned to the petitioner was resumed in favour of the Government by following due procedure and at present the said lands are in custody of Housing Board.

6. Heard both sides and perused the record.

ANALYSIS AND CONCLUSION:

7. The learned counsel for the petitioner submits that the respondents ha