THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.21450 of 2004 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in trying to dispossess the petitioner from his assigned land admeasuring Ac.5-00 out of “Naddiminjumla” situated at Manikbhandar village of Makloor mandal, Nizamabad district adjoining to Sy.Nos.652 and 653 in pursuance of Letter No.E1/4172/2004 dated 29.7.2004 issued by the first respondent as arbitrary and illegal and contrary to G.O.Rt.No.1009 Revenue (V) Department dated 17.4.1976 and violative of principles of natural justice and consequently restrain the respondents from interfering with the peaceful possession and enjoyment of petitioner’s property. According to the petitioner, he is the owner of wet land to an extent of Ac.50-00 situated at Raipur Kandly of Lokeshwaram mandal, Adilabad district, which was submerged in Sriramsagar Project. Apart from this land, land admeasuring Ac.3-10 guntas situated at Rajura village of Adilabad district was also submerged in Sriramsagar Project. Thus, the petitioner became landless. In view of this, on an application made by the petitioner under rehabilitation scheme, he was issued with Form D1 CertificateNo.B/194/84 dated 3.10.1986 assigning dry land admeasuring Ac.5-00 situated at Raipur Kandly of Lokeshwaram mandal in favour of petitioner in lieu of his lands submerged in Sriramsagar Project. Since the said land was uncultivable and covered with bushes and boulders, petitioner made a representation to the third respondent to cancel the said allotment and requested to allot the land at any other place wherever land is available. In his representation, petitioner also brought to the notice of the authorities that the land to an extent of Ac.5-00 adjacent to Sy.Nos.652 and 653 in Naddiminjumla of Manikbhandar village, Makloor mandal, Nizamabad district is available and requested to assign the same in his favour. In turn, the third respondent addressed letter to the fourth respondent stating that as per the policy of the Government in G.O.Rt.No.1009 Revenue Department dated 17.4.1976, priority is to be given to the displaced persons for assignment of Government land and directed the fourth respondent to report as to whether any Government land is available for assignment in Manikbandar village and requested to allot the same to the petitioner. Therefore, the third respondent issued Form D-1 No.D1/194/94 dated 20.5.2004 assigning the dry land to an extent of Ac.5-00 out of “Naddiminjumla” situated at Manikbhandar village of Makloor mandal, Nizamabad district adjoining to Sy.Nos.652 and 653 in favour of petitioner after obtaining cancellation orders of previous patta and since then petitioner has been in possession and enjoyment of the said land by cultivating the same. While that being so, the first respondent issued Letter No.E1/4172/2004 dated 29.7.2004 withdrawing the assignment of land admeasuring Ac.5-00 out of “Naddiminjumla” situated at Manikbhandar village of Makloor mandal, Nizamabad district comprised in Sy.Nos.652 and 653 and ordered to handover the land to the third respondent. The Joint Collector, Nizamabad instructed the Revenue Divisional Officer, Nizamabad and Mandal Revenue Officer, Makloor not to handover the land to any one and shall be under the custody of the Government. Hence this writ petition. Though a detailed counter affidavit has been filed by the respondents 1, 2 and 4, but none of the allegations are denied except stating that the petitioner was not put in possession of the property in pursuance of the assignment patta granted on 20.5.2004. It is further stated that the land assigned is nearer to Nizamabad town and it is useful for Government/Public purpose in future and it is also felt by the District Administration that the land can be better used for public purpose than for agriculture purpose. Heard both sides and perused the impugned order and other material made available on record. The averment of the respondents that the petitioner was not put in possession of the property is not correct. In fact, a panchanama was conducted on 26.5.2004 in the presence of panchas and the petitioner was put in possession of the property. It may be noticed that land of the petitioner to an extent of Ac.50-00 situated at Raipur Kandly of Lokeshwaram mandal, Adilabad district and also other land to an extent of Ac.3-10 guntas situated at Rajura village of Adilabad district was submerged in Sriramsagar Project. Therefore, on an application made by petitioner under rehabilitation scheme, he was assigned with dry land to an extent of Ac.5-00 situated at Raipur Kandly of Lokeshwaram mandal. Since the said land was uncultivable and covered with bushes and boulders, petitioner surrendered the said land and thereafter on a representation made by him, the subject land admeasuring Ac.5-00 out of “Naddiminjumla” situated at Manikbhandar village of Makloor mandal, Nizamabad district adjoining to Sy.Nos.652 and 653 was allotted in favour of petitioner and under a panchanama he was put in possession of the property. Now the first respondent passed the impugned order withdrawing the assignment made in favour of petitioner. Before passing the impugned order, petitioner was not issued with any notice nor he was called for any explanation as required under law. Therefore, I am of the opinion that the impugned order passed is in gross violation of principles of natural justice. A person who has lost his land to an extent of Ac.53-10 guntas in the submergence of Sriramsagar Project was treated this way contrary to the Rehabilitation Programme evolved by the Government. For all the above reasons, the writ petition is allowed and the impugned order is set aside. _____________ C.V.RAMULU, J Date: 22.7.2009 DA THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.21450 of 2004 22.7.2009