THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.25669 of 2002 Dated: 11.03.2010 Between: Girni Chandraiah. .. Petitioner. And The Joint Collector, Nizamabad, And others. .. Respondents. ORDER: According to the petitioner, he was assigned the land admeasuring Ac.1.39 gts. in Sy.No.28 of Kamareddy village, Nizamabad District, in the year 1978, and pattadar passbook was also issued in his favour on 13.07.2001. While so, on the instructions given by the 1st respondent-Joint Collector, Nizambad, a show cause notice dated 24.11.2000 was issued by the 3rd respondent-Mandal Revenue Officer, Kamareddy, Nizamabad District, to the petitioner, alleging that the land assigned in his favour was not brought into cultivation within three years from the date of assignment and, as such, asked him to submit his explanation thereto within seven days from the date of receipt of the notice. The petitioner contends that in pursuance of the show cause notice issued to him, he submitted his explanation on 29.11.2002, stating that he brought the land into cultivation, but because of drought situation prevailing during the relevant period, he could not cultivate the lands for two years. However, having not satisfied with the explanation submitted by the petitioner, the 3rd respondent, ultimately, passed the order dated 07.12.2002, canceling the assignment made in favour of the petitioner and resuming the land to the Government. Questioning the said order, the petitioner filed the present writ petition. While admitting the writ petition on 27.12.2002, this Court granted interim suspension of the operation of the impugned order. A detailed counter affidavit has been on behalf of the respondents, stating that since the sale deeds dated 18.06.1984 and 08.02.1983 would clearly establish the fact that the petitioner has alienated the land, assigned to him, in favour of one Arne Bhumaiah, M/s. Bamboo Industrial Co-operative Socieity Limited represented by its President namely M.Rajaiah, and one Pilli Narsimulu, the 3rd respondent passed the impugned order dated 07.12.2002, cancelling the assignment made in favour of the petitioner and resuming the land to the Government. However, in view of obtaining the interim orders from this Court, the possession could not be taken. Learned counsel for the petitioner strenuously contended that in the show cause notice dated 24.11.2002 issued by the 3rd respondent, the only allegation levelled against the petitioner is that he failed to bring the land into cultivation within a period of three years from the date of assignment, but however, surprisingly, in the impugned notice, apart from that allegation, it is also stated that the petitioner has alienated the lands, assigned in his favour, to some third parties in violation of conditions of patta granted in his favour, and therefore, the impugned order is liable to be dismissed, as the same has been passed beyond the scope of the show cause notice. Heard the learned counsel for the petitioner and the learned Government Pleader for Assignment for the respondents. The show cause notice dated 24.11.2002 would, prima facie, show that the only allegation leveled against the petitioner is that he has not brought the land, assigned in his favour, into cultivation within three years from the date of assignment. However, by the impugned order, the assignment granted in favour of the petitioner is cancelled, for two reasons – one as mentioned in the show cause notice and the second that he has alienated the land in favour of some third parties. Admittedly, the second reason is not mentioned in the show cause notice. Hence, the impugned order, can be said to have been passed beyond the scope of the show cause notice. Even, otherwise, in the impugned order, the names of the persons, in whose favour the petitioner is stated to have alienated the land, are mentioned as one Sirikonda Sudarshan and Sirikonda Venkatesham, whereas in the counter affidavit, it is stated that the petitioner has alienated the land to an extent of Ac.0.03 gts., in favour of one Arne Bhumaiah, Ac.0.05 gts., in favour of M/s.Bamboo Industrial Co-operative Society Limited, Kamareddy village, Nizamabad District, represented by its President Myadaripilli Rajaiah, and Ac.0.05 gts., in favour of one Pilli Narsimulu, vide registered sale deed Nos.1736/84, dated 18.06.1984, 236/83, dated 08.02.1983, and 237/83, dated 08.02.1983, respectively. Thus, in view of the fact that the names of the persons, in whose favour the petitioner is alleged to have sold the assigned land, as shown in the impugned order and the counter affidavit are not tallying and that the impugned order is passed beyond the scope of the show cause notice, I deem it appropriate to set aside the impugned order and the same is, therefore, set aside. Accordingly, the writ petition is allowed. However, this 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. _____________ N.V.RAMANA,J 11.03.2010 v v