HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.16881, 16882 and 16883 of 2008 COMMON ORDER: As the facts are similar in all these three writ petitions and a common order is passed by the appellate authority, all these writ petitions are disposed of by this common order. For the disposal of these writ petitions, it would be suffice if the facts in Writ Petition No. 16881 of 2009 are narrated. The petitioner was assigned an extent of 2.00 acres of land in Survey No. 191 of Kollur Village, Ramachandrapuram Mandal, Medak District. The Joint Collector, Medak at Sangareddy has initiated proceedings for cancellation of the aforesaid assignment holding that the assignment is irregular and accordingly issued a show cause notice. In the show cause notices issued in respect of the same issue to various assignees, similar allegations are made. It is alleged in the said show cause notice that some real estate business people in order to grab the valuable land have secured the list of political suffers from Medak, Karimnagar and Warangal Districts and personally contacted the freedom fighters and obtained required papers from them. They applied for grant of patta in the name of those political suffers and obtained assignments. It is also alleged in the show cause notice that the assignments are prohibited in the area, inasmuch as it is an urban area, as per G.O. Ms. No.411, Municipal Administration, dated 27.8.1975. It is also alleged that some unsocial elements have managed the Mandal Revenue Officer, Ramachandrapuram and obtained patta certificates and title deeds even without the knowledge of the freedom fighters. In response to the said show cause, the petitioner filed his explanation denying the allegations levelled against him in the said show cause notice. The Primary Authority, i.e., the Joint Collector, Medak at Sangareddy, while exercising the powers under Section 166-B of the Andhra Pradesh (Telanagana Area) Land Revenue Act, 1317 Fasli, has passed orders on 16.5.2005 vide proceedings No.F3/7194/97-5/F3/5/Irre.Assign. /04. The petitioner carried the matter in appeal along with the writ petitioners in the other two writ petitions before the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, the 1st respondent herein, who, by the impugned order dated 13.3.2008 dismissed the appeals by confirming the order dated 16.5.2005 of the Joint Collector . Hence these writ petitions are filed. During the course of hearing, the learned Government Pleader has produced a copy of the show cause notice, which was issued to one V. Srinivasa Rao, freedom fighter, H. No. 2-9-80, Mukram Pura, Karimnagar Town. However, serious allegations are made in the said show cause notice with regard to the assignments made stating that unsocial elements have secured the assignments in the name of freedom fighters by obtaining xerox copies in proof to show that they are the freedom fighters. Now, coming to the proceedings of the Joint Collector dated 16.5.2005 are concerned, in the said proceedings the Joint Collector has merely recorded a finding that the petitioners have not produced any evidence to show that they are the assignees of the lands in question and on that ground, he ordered for cancellation of assignments granted to the petitioners. The matter was carried in appeal before the appellate authority, i.e., the Chief Commissioner of Land Administration, Hyderabad, the 1st respondent herein. The learned Chief Commissioner, without going into the several allegations made against the petitioners, by a common order dated 13.3.2008 dismissed the appeals while holding that though the names of pattadars have been written in Column No.12, however, in Column No.13, which relates to possession, the said column is vacant in respect of the lands in question and as per the pahanies for the years 1996-97 to 2004-05, they are not in possession of the lands in question. From a perusal of the show cause notice and the order dated 16.5.2005 of the Joint Collector passed in proceedings No. F3/7194/97- 5/F3/5/Irre.Assign./04 and also the order of the appellate authority dated 13.3.2008, it is seen that though serious allegations are made against the petitioners and others, alleging that they are not the real beneficiaries, but some real estate business people have secured xerox copies of the papers from the freedom fighters in three Districts of Medak, Karimnagar and Warangal and they managed to get assignments in the quota reserved for freedom fighters, however, no finding is recorded in the order passed by the primary and appellate authorities with regard to the allegations made against the petitioners. Further, even though the Joint Collector has referred to the explanation offered by the petitioners, he has not recorded any finding with reference to the explanation offered by the petitioners on such allegations. Even the appellate authority, except confirming the order of the Joint Collector, did not record any independent finding on the allegations levelled against the petitioners. Hence, the impugned orders of the primary authority and the appellate authorities cannot be sustained. Under the circumstances, I deem it appropriate to remand the matter to the Joint Collector, Medak at Sangareddy, the 1st respondent herein, for fresh consideration. For the aforesaid reasons, the order dated 16.5.2005 of the Joint Collector issued vide proceedings No. F3/7194/97-5/F3/5/Irre.Assign. /04 and the common order dated 13.3.2008 of the Chief Commissioner of Land Administration passed in proceedings Nos. BCW5/481/2005, BCW5/496/2005 and BCW5/497/2005 are set aside and the matter is remanded to the primary authority, i.e., the Joint Collector, Medak at Sangareddy to consider the same afresh. The Joint Collector shall now issue fresh notices of hearing to the petitioners before passing appropriate orders in the matter and he shall also record a finding on the allegations made against them in the show cause notice. He shall pass appropriate orders in the matter as expeditiously as possible, preferably within a period of four months from today. In the meanwhile, the petitioners shall not use the lands for any construction activity and shall not transfer or create any third party rights in respect of the lands in question till appropriate orders are passed by the Joint Collector in the matter. The writ petitions are accordingly allowed. No costs. ____________________ R. SUBHASH REDDY,J Date: 5th August, 2011 pnb