THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.8902 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for both the parties, the writ petition itself is taken up for hearing and being disposed of by this order. In the writ petition, petitioners have questioned order, dated 27.03.2008 passed in Rc.No.438/07-A by the second respondent – Revenue Divisional Officer, Narasaraopet, Guntur District. The petitioners and another person, by name, Mopuri Venkateswara Reddy, were assigned land admeasuring Acs.4.58 cents situated in Naragayapalem Village, Vinukonda Mandal, Guntur District, by granting D-Form pattas in 1996. Earlier, basing on a representation of the villagers for allotment of an extent of Acs.3.50 cents of land for burial ground purpose and on a report submitted by the third respondent - Tahsildar, Vinukonda Mandal, Guntur district, order, dated 07.03.2007 was passed by the second respondent cancelling the assignment granted to the petitioners. Aggrieved by the same, the petitioners approached this Court by filing Writ Petition No.14754 of 2007, which in turn was allowed on 06.09.2007 on the ground that the order of cancellation was not preceded by any show cause notice. In the said order, it was left open to the official respondents to issue notice and pass appropriate orders in accordance with law. Thereafter, the present impugned order is passed on 27.03.2008. In this writ petition, it is the case of the petitioners that though notices, dated 18.01.2008 and 13.02.2008 were issued to them pursuant to the observations made by this Court in order, dated 06.09.2007 in Writ Petition No.14754 of 2007, there is no ground mentioned in the impugned order as regards cancellation of assignment. It is contended by the learned counsel for the petitioners that there is no allegation levelled against the petitioners as to not bringing the land into cultivation in terms of the conditions of D-Form patta, as such, the respondent authorities ought not to have cancelled the assignment made in their favour. On the other hand, it is the case of the respondents that in view of the observations made by this Court in order, dated 06.09.2007 in Writ Petition No.14754 of 2007, notices, dated 18.01.2008 and 13.02.2008 were issued to the petitioners and as they have not brought the land into cultivation within a period of ten (10) years, the impugned order is passed. If assignments are to be cancelled on any of the valid grounds, the assignees are entitled to know the ground on which the proceedings were initiated for cancellation. A perusal of notices, dated 18.01.2008 and 13.02.2008 indicates that there is no allegation levelled against the petitioners about their not bringing the land into cultivation as per the conditions of grant and the second respondent merely directed the petitioners to participate in the enquiry regarding assignment of the aforesaid land. In the absence of any such allegation in notices, dated 18.01.2008 and 13.02.2008, the second respondent should not have passed any order cancelling the assignment made in favour of the petitioners in respect of the land in question. Therefore, it can be said that the notices itself are defective and consequently, the impugned order is liable to be set aside. As much as the impugned order is not preceded by any valid notice, I deem it appropriate to set aside order, dated 27.03.2008 passed in Rc.No.438/07-A with a direction to the second respondent to issue notices to the petitioners, consider their explanation and pass appropriate orders. As the matter is pending for a long time and as it is stated that there is also representation by the villagers for allotment of a portion of the land for burial ground, the second respondent shall complete the enquiry and pass appropriate final orders within a period of three (3) months from today. There shall be a further direction that status quo as on today shall be continued with regard to possession till appropriate final orders are passed. Subject to the above directions, the writ petition is allowed and the impugned order is set aside. No order as to costs. _______________________ R.SUBHASH REDDY, J 14th JULY, 2011. Note: issue c.c. in ten days. kvni