THE HON'BLE MR JUSTICE A GOPAL REDDY Writ Petition No. 25345 OF 2002 DT.24.2.2011 Between: A Narsavva … Petitioner And The Joint Collector, Nizamabad and another … Respondents Counsel for the Petitioner: Sri O Manohar Reddy Counsel for respondents : Government Pleader for Revenue The Court made the following ORDER: THE HON'BLE MR JUSTICE A GOPAL REDDY Writ Petition No. 25345 OF 2002 ORDER : This writ petition is filed questioning the proceedings No. A2/6689/2002 dated 7.12.2002 issued by the Mandal Revenue Officer/third respondent canceling the assignments made in favour of petitioner and others on the ground of violation of conditions of patta granted to them. The petitioner was assigned land vide proceedings of the Mandal Revenue officer dated 15.5.2001. While so, basing on the instructions of the Joint Collector, the petitioner was issued with a show cause notice dated 24.11.2002 alleging that he has not brought the assigned lands into cultivation within three years from the date of assignment which is in violation of conditions of assignment. Though it was noticed by the Joint Collector that some of the assignees have sold away the assigned lands, but there is no such allegation against the petitioner in the show cause notice dated 24.11.2002. However, in the cancellation order dated 7.12.2002 it is stated that in respect of 9 persons including the petitioner, it was found that the assigned lands were not brought into cultivation and the same were alienated, questioning the same, the present writ petition is filed. When the matter is taken up for hearing, learned counsel for petitioner submitted that as against the very same order dated 7.12.2002, one of assignee viz., Mr Girni Chandraiah filed W P No. 25669 of 2002 and this Court by order dated 11.3.2010 allowed the writ petition on the ground that in the show cause notice there is only one allegation leveled against the petitioner that he has not brought the assigned land into cultivation within three years but in the impugned order of cancellation two reasons were assigned, firstly that the petitioner has not developed the assigned land within three years and secondly that he has alienated the land in favour of some third parties, which has not been stated in the show cause notice. The operative portion of the order dated 11.3.2010 in W P No 25669 of 2002 reads as under; “Accordingly, the writ petition is allowed. However, this order will not preclude the respondents, if they intend to cancel the assignment made in favour of the petitioner, from issuing fresh show cause notice to the petitioner, indicating the names of the persons to whom he has alienated the assigned land in violation of conditions of patta granted in his favour, and passing appropriate orders.” Since the very same order dated 7.12.2002 is impugned in the present writ petition, following the orders passed in W P No. 25669 of 2002 dated 11.3.2010, the impugned order dated 7.12.2002 is set aside and the writ petition is allowed. However, this order does not preclude respondents from issuing a fresh show cause notice indicating the reasons for cancellation of assignment and passing appropriate orders in accordance with law. No costs. _______________ A GOPAL REDDY,J DATE: 24.2.2011 TVK 7 THE HON'BLE MR JUSTICE A GOPAL REDDY Writ Petition No. 25345 OF 2002 DT.24.2.2011