THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17717 OF 2003 Dated: 07.12.2011 Between : Smt. M.Ratnamma … Petitioner And The District Collector and 5 others … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17717 OF 2003 O R D E R: The petitioner herein claims to be the owner of Ac.2.00 of land situated in survey No.250 of Kanampalli village, Garladinne Mandal, Anantapur District. It is stated that the said property was purchased by the petitioner’s father under registered sale deed dated 03.04.1979 and since then, they have been in possession and enjoyment of the same. After conducting the necessary enquiry, the name of the petitioner’s father was also entered in the revenue records. While so, on a complaint made by the respondents 4 to 6, the respondents 1 to 3 issued a show-cause notice dated 30.06.2003 followed by another notice dated 31.07.2003 directing the petitioner to produce the documents to establish her title. Aggrieved by the said action of the 1st respondent in issuing the show-cause notices, the present writ petition is filed. Despite notice none appeared for the respondents 4 to 6. So far as the respondents 1 to 3 are concerned, a counter affidavit has been filed by the 1st respondent- District Collector stating that a news item was published in Eenadu Daily District Special dated 18.04.2003 to the effect that the 4th respondent herein was not allowed to cultivate the land in survey No.250 to an extent of Ac.1.00 though pattadar pass book was issued in his favour. In response to the said news item, an enquiry was held by the then Mandal Revenue Officer and it was found that the land in survey No.250 to an extent of Ac.14.57 cents was classified as Inam dry as per village accounts and the land was occupied by certain small farmers belonging to S.C. community. It was also found that the writ petitioner had obtained the pattadar pass book by misrepresenting the facts without having any title to the property. Though the petitioner’s father claims to have purchased the property under sale deed dated 03.04.1979, it was unregistered document and his vendors died about 30 years ago. Therefore, while treating the transaction as bogus and recommending cancellation of the pattadar pass book issued to the writ petitioner in respect of Ac.4.00 of land in survey No.250, the impugned show-cause notices were issued. I have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents. Even assuming that the pattadar pass book and title deed issued in favour of the petitioner’s father was not in accordance with law, the respondents ought to have initiated proceedings as provided under the Andhra Pradesh Rights In Land and Pattadar Pass Books Act, 1971. As could be seen, the impugned show-cause notices are not traceable to any provision of law. The enquiry initiated by the respondents 1 to 3 under the impugned show-cause notices, which virtually amounts to deciding the civil rights of the parties is impermissible under law. Accordingly, the impugned show-cause notices are hereby set aside. However, this shall not preclude the respondents to initiate appropriate proceedings in accordance with law. Writ Petition is accordingly disposed of. No costs. ___________ G. ROHINI, J Date: 07.12.2011 Ivd