HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.18451 of 2002 Dated: 10-02-2011 Between: Syed Basha Saheb …Petitioner AND The Chief Commissioner of Land Administration, A.P., Hyderabad & Others Respondents This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No.18451 of 2002 ORDER: The Government after acquiring the land in Sy.Nos.881, 882 and 883 of B.Kothakota Village for the purpose of weaker section housing under Social Welfare Land Acquisition Programme, allotted a house-site patta to an extent of Ac.0.02 cents in Plot No.525 to the petitioner. As per the conditions of the assignment, the petitioner has to construct a house within one year from the date of allotment. On violating the said condition, patta granted in favour of the petitioner was cancelled and the said house-site was allotted to the 5th respondent. On coming to know of the cancellation, petitioner preferred an appeal before the Revenue Divisional Officer-third respondent herein contending that the cancellation of the assignment was without issuing notice to him. On dismissal of the appeal, petitioner carried the matter in revision before the second respondent, which was also dismissed by the impugned proceedings, dated 11.1.1999 confirming the dismissal of the appeal by the third respondent. Questioning the same, the present writ petition has been filed contending that the cancellation of the assignment made in favour of the petitioner is without notice to him and therefore, the same is in violation of principles of natural justice. It is contended that the petitioner had already obtained sanction for construction of a residential house in the said plot from the Gram Panchayat of B.Kothakota on 26.9.1998 and pursuant to the said sanction, he had also constructed a house and residing therein. In the counter affidavit filed by the Mandal Revenue Officer on behalf of respondents 1 to 4, it is admitted that the petitioner had constructed a house during the pendency of the litigation. It is further admitted that no notice was issued to the petitioner before cancellation of assignment made in his favour as the teem appointed by the then Mandal Revenue Officer found in its enquiry that the petitioner has not constructed house within the time stipulated as per the conditions in the assignment and also informed that the whereabouts of the petitioner are not known. Further, to the compromise order passed by the Lokayuktha in O.S.No.47 of 1998, dated 22.3.2003, the Government is not a party. The land was assigned to the petitioner in the year 1989, but, the petitioner has not constructed house until 1998. Since the whereabouts of the petitioner were not known, no notice was served on him. But, it is nowhere stated in the counter that the notice was sent to the address mentioned in the house-site patta or a notice was affixed at the site and at the Gram Panchayat to comply with the statutory requirement. It is admitted that the petitioner was not served with any notice. The appellate authority as well as the revisional authority have not considered the said aspect in its proper perspective. As the assignment made in favour of the petitioner was cancelled without issuing any show-cause notice, the impugned proceedings can be said to be passed in violation of principles of natural justice and the same cannot be sustained. Accordingly, the impugned proceedings are quashed. The writ petition is accordingly allowed. No costs. ________________ A. GOPAL REDDY, J. FEBRUARY 10, 2011 Tsr.