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2010 Supreme(AP) 1023

N.V.RAMANA
Jinka Chendrayudu – Appellant
Versus
Joint Collector, Kadapa District – Respondent


Advocates appeared:
Mr. K.Rathanga Pani Reddy, Counsel for the Petitioner. .
G.P. for Revenue for Respondent Nos. 1 to 3.
Mr. R. Subba Rao, Counsel for Respondent Nos. 4 and 5.

Judgement Key Points

Based on the provided legal document, here are the key points:

  • The petitioner, an ex-serviceman, challenged the cancellation of his D-Form patta dated 29.06.1976, which was ordered by the Joint Collector after a series of confirmations by appellate and revisional authorities. (!)
  • The revenue authorities cancelled the patta on the ground that the petitioner never cultivated the land assigned to him, despite the petitioner submitting detailed explanations and documentary evidence to the contrary. (!)
  • The cancellation order was initiated at the instance of respondent Nos. 4 and 5 (the petitioner's sons), who claimed they were in possession of the land and sought its assignment to them upon payment of market value. (!)
  • The petitioner argued that the cancellation was illegal and arbitrary because it occurred nearly 30 years after the patta was issued, violating the principle that such action must be taken within a reasonable time. (!)
  • The petitioner relied on previous judgments (Sekhari Antna Kumari v. Dist. Collector and Madamaneni Chimzaswamy) to support the argument that cancellation after a long lapse without a proper show cause notice is impermissible. (!)
  • The revenue authorities failed to consider the petitioner's explanation that, under BSO-15, cultivation could be done by family members, and they did not conduct an enquiry to verify the genuineness of the patta before cancelling it. (!)
  • The show cause notice issued to the petitioner did not specify the violations of the D-Form patta conditions, nor did it issue the notice immediately after the expiry of the three-year cultivation period as required. (!)
  • The High Court allowed the writ petition, set aside the impugned orders of cancellation, and directed the revenue authorities to issue a proper notice to the petitioner if they intend to verify the genuineness of the patta or check for condition violations. (!)

ORDER

The petitioner, who is an ex-serviceman and claims to have been assigned the land in question under a DKT patta dated 29.06.1976 in an extent of Acs. 5.02 cents in Sy. No. 236/A2 of Rameswaram village, Proddatur MandaI, Kadapa District, has filed this writ petition questioning the order dated 29.12.2007, passed by the Joint Collector, Kadapa District, confirming the order dated 25.08.2005, passed by respondent No.2, namely the Revenue Divisional Officer, Jammalamadugu, which confirmed the order dated 24.04.2005, passed by respondent No.3, namely the Mandal Revenue Officer, Proddatur, cancelling the said DKT patta on the ground that he never cultivated the land, and ordering initiation of proceedings for regularization of the land in question, in favour of respondent Nos. 4 and 5, as illegal and arbitrary.

2. The learned counsel for the petitioner submitted that even though the petitioner submitted detailed explanation to the show cause notice issued by respondent No.3, supported by documentary evidence to show that he has brought the land assigned to him under cultivation within three years and was in possession of the same, respondent No.3 without considering the same, has com
















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