THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.20080 of 2002 ORDER: This writ petition is filed questioning order, dated 07.09.2001 passed in reference No.E3487/B3 by the second respondent - Revenue Divisional Officer, Kadapa, refusing to restore house-site patta to the petitioner. It is stated that the petitioner is a labourer. He along with 8 others was given house-site patta of Ac.0.03 cents covered by Survey No.285/3 situated at Chinnamandem Village. Earlier, the second respondent passed order, dated 19.01.1994, in proceedings No.F3487/97 cancelling the pattas of all the nine persons, as against which, all the assignees have preferred appeal before the first respondent - Joint Collector, Kadapa, who in turn, by order, dated 22.02.1994 passed in reference No.1211/94/B4, set aside the order, dated 19.01.1994 passed by the second respondent and remanded the matter to the second respondent for fresh consideration. After remand, the impugned order was passed by the second respondent stating that except the petitioner and another assignee, all are eligible for house-site pattas based on the report stated to have been sent by the third respondent – Tahsildar, Chinnamandem Mandal, Kadapa District. In this writ petition, mainly it is the case of the petitioner that the impugned order was passed without conducting any enquiry and without giving any opportunity to him. It is submitted that the predecessor of the second respondent posted the matter for hearing on 11.01.1999 and thereafter, it was adjourned and without any further hearing, based on the ex parte report of the third respondent, the impugned order was passed. Counter-affidavit is filed by the third respondent. In the counter-affidavit, while denying the allegations made by the petitioner, it is stated that the impugned order was passed based on the report obtained by the second respondent and it clearly shows that the petitioner was not a landless poor person at the time of assignment and is having house bearing No.3/18, as such, the petitioner is not entitled to any relief. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. From the impugned order, it is clear that it is passed solely based on the report stated to have been sent by the third respondent and it also refers that vide Ref.E.3487/93, dated 24.02.1999, his predecessor called for a report from the third respondent. When it is the case of the petitioner that he was eligible for assignment, as such, he along with 8 others was rightly assigned the land in 1992, the second respondent ought not to have passed the impugned order solely based on the ex parte report sent by the third respondent. It is the specific allegation of the petitioner that the third respondent has not conducted any enquiry and has not given any notice to him before sending any report. In spite of such specific allegation, the same is not denied in the counter-affidavit. As much as the impugned order was passed solely based on the report sent by the third respondent and as it is not in dispute that such report was sent without conducting any enquiry and without issuing any notice, the impugned order, which was passed based on the ex parte report, is totally in violation of the principles of natural justice. As it is stated that the petitioner is a labourer and was assigned Ac.0.03 cents of land in 1992, and as the second respondent has not conducted any enquiry, this Court is of the view that there is no reason for not restoring the house-site patta granted to the petitioner along with others. For the aforesaid reasons, the order under challenge to the extent of denying patta to the petitioner is set aside with the direction to the respondents to grant patta to the petitioner and if the patta certificate is taken back from the petitioner, the same shall be returned to him confirming grant of patta. The writ petition is disposed of with the directions referred to above. No order as to costs. _______________________ R.SUBHASH REDDY, J 13th APRIL, 2011. kvni