IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE BILAL NAZKI WRIT PETITION NO : 9775 of 1995 Between: 1 Karanam Reddi Rama Rao S/o. Papayya, M.Bennavaram Village, Nathavaram Mandal, Visakhapatnam District. 2 Kadimisetti Rajababu S/o. Venkataramana M.Bennavaram Village Nathavaram Mandal, Visakhapatnam District 3 Setti Sanyasi Rao S/o. Appa Rao M.Bennavaram Village Nathavaram Mandal, Visakhapatnam District 4 Karri Venkataramana S/o. Kannayya M.Bennavaram Village Nathavaram Mandal, Visakhapatnam District 5 Donkina Gangulu S/o. Adeyya M.Bennavaram Village Nathavaram Mandal, Visakhapatnam District 6 Sakhireddi Mangayamma W/o. Adiraju Donkada Village Payakaraopet Mandal, Visakhapatnam District 7 Jiyyani Kasulamma W/o. Jagga Rao Masayyapeta Village Payakaraopet Mandal, Visakhapatnam District 8 Boddapu Rajulamma W/o. Veerayadora Murakada Village Rambilli Mandal,Visakhapatnam District 9 Majji Srinivasa Rao S/o. Venkunaidu Narasingibilli Village Kasimkota Mandal, Visakhapatnam District 10 Lagisetti Nookaraju S/o. Nookaraju Y.B.Agraharam Village Nathavaram Mandal, Visakhapatnam District ..... PETITIONERS AND 1 The Revenue Divisional Officer, Narasipatnam, Visakhapatnam Dist 2 The District Collector,Visakhapatnam. 3 The State of A.P. rep.by its Secretary to Government, Revenue Department Secretariat Buildings, Saifabad, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus to declare as illegal, arbitrary and without jurisdiction the notice in LCC.No.1203/75/NPM, Dt.21/4/1995 of the Revenue Divisional Officer, Narasipatnam. Counsel for the Petitioners : MR.D.V.SITARAMAMURTHY Counsel for the Respondents : GP FOR REVENUE The Court made the following : ORDER : Show-cause notice dated 21.04.1995 has been challenged in this Writ Petition. Show-cause notice inter alia reads as under; “Whereas the declarant Smt.S.Suryavathi in L.C.C.1203 NPM/has surrendered an extent of Ac.59.14 of surplus land situated at M.Bennavaram village on 21.2.1989. And whereas the following lands morefully showing in schedule were allotted to you taking into consideration that you are the displaced tenants based on the pattedar pass books and other evidence made available to the Tribunal. Whereas subsequent to the allotment of the Schedule it is reported by the Mandal Revenue Officer, Nathavaram you are not eligible for the allotment of lands. Please therefore take notice as to why the pattas granted in your favour should not be cancelled within 2 weeks from the date of receipt of this show cause notice.” It nowhere gives any reason as to why the petitioners’ pattas are sought to be cancelled. Therefore, the petitioners contend that since there was no reason given, they could not reply to the show-cause notice at all. In the counter affidavit, some reasons have been given that there are some complaints that the petitioners were not eligible to be patta-holders on various grounds. Since these reasons were not given in the show cause notice to the petitioners, they were not in a position to controvert these allegations. Therefore, the show-cause notice cannot sustain, which is accordingly quashed. The Writ Petition is allowed. However, the respondents are at liberty to issue a fresh show-cause notice to the petitioners. No order as to costs. ________________ (BILAL NAZKI, J) 04th November, 2004. ajr That Rule Nisi has been made absolute as above. Witness the Hon’ble Sri Devinder Gupta, the Chief Justice, on this Thursday, the Fourth Day of November, Two Thousand and Four. To 1 The Revenue Divisional Officer, Narasipatnam, Visakhapatnam Dist 2 The District Collector,Visakhapatnam 3 The State of A.P. rep.by its Secretary to Government Revenue Department Secretariat Buildings, Saifabad, Hyderabad 4 Two C.Cs. to the G.P. for Revenue, High Court Buildings, Hyderabad (O.U.T). 5 Two C.D. copies.