HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26028 of 2001 DATED:26.08.2009 Between: Dalli Lakshmi .. Petitioner And The Government of Andhra Pradesh, Department of Revenue (Assignments), rep., by its Secreatry, Secretariat Buildings, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26028 of 2001 ORDER: The petitioner was assigned agricultural land admeasuring Acs.5.00 in Survey No.1088/1 of Koppaka Village under orders of the third respondent, dated 13.06.1998. Be it noted, the land was assigned to the petitioner under a Government Scheme for rehabilitation of Members of C.P.I. (M.L.) Peoples War Group. The petitioner took possession of the land, made it fit for cultivation and also obtained agricultural loan from the Nationalised Bank for agricultural purpose. She also obtained pattadar pass book and title deed in August 1998. On 01.12.2001, second respondent issued the impugned proceedings in Roc.No.E3-9595/2000 cancelling the assignment on the ground that the assignment patta granted to the petitioner is illegal. It is also mentioned in the impugned order that the petitioner’s husband Kaniki Reddy was also granted patta under the scheme of rehabilitation, and therefore, assignment of patta was cancelled. This writ petition is filed assailing the impugned order mainly on the ground that no notice was given to the petitioners before passing the impugned order. Though the writ petition was admitted in 2001, respondents have not filed counter-affidavit. There cannot be any dispute that by reason of the assignment made in her favour on 13.06.1998, petitioner acquired right of the land. Irrespective of the allegation whether such assignment is legal or illegal, valid or invalid, if the petitioner is deprived of the assignment, a notice is a must even according to Board Standing Order No.15. A perusal of the impugned order would show that no such notice was issued to the petitioner and the Joint Collector initiated action on the representation of the Secretary, Gosamrakshana Samithi, Eluru. For this reason alone, the writ petition is unsustainable. Accordingly, the writ petition is allowed. The impugned order is set aside and the matter is remanded back to the Joint Collector with a direction to issue notice, conduct enquiry into the allegations made against petitioner and pass appropriate orders thereafter. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 26.08.2009 KH