IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26493 of 2007 Between: Rudroju Maheshwar Rao, S/o late R.Mallikarjun Rao, R/o 4/52, Kadipikonda Village, Hanmakonda, Warangal District. ..... PETITIONER AND 1 Tahsildar/Mandal Revenue Officer, Hanmakonda Mandal, Warangal District. 2 Revenue Divisional Officer, Warangal, Warangal District. 3 District Collector, Warangal District, Warangal. .....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 to issue any appropriate writ, order or direction preferably a writ in the nature of writ of mandamus, declaring the high handed action of the 1st respondent in dispossessing thepetitioner from the land admeasuring ac.0.20 guntas in Sy.No.366/24/1 of Kadipikonda Village, Hanmakonda Mandal, Warangal District without disposing of theobjection petition dt.18-6-2007 as being illegal, arbitrary, contrary to principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from the said land, without following due process of law andpass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.C.A.R.SESHAGIRI RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: Form-NIC-OGS/WP{RS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26493 of 2007 O R D E R: It is the case of the petitioner that an extent of Ac.0.20 guntas in Sy.No.366/24/1 of Kadipikonda village, Hanmakonda Mandal, Warangal District is assigned in favour of his grandfather late Sri Rudroju Durgaiah by the then Tahsildar, Hanamkonda vide proceedings No.11014/70 dated 31.10.1970 in terms of G.O.Ms.No.1406, dated 25.07.1958. After demise of his grandfather, the said land was equally shared in between two sons of late Durgaiah and the Government also issued title deed and pattadar passbooks in favour of his father. Thereafter, the father of the petitioner R.Mallikharjunarao also expired and his paternal uncle does not have any issues. Since the death of his father, the petitioner and his paternal uncle have been cultivating the said land without any obstruction from anybody. While so, a notice dated 07.06.2007 was affixed on the notice board of his Village Gram Panchayat, stating that the subject land was transferred in favour of Central University and School and if any one has got any objection they are required to file objections in writing within 15 days. The petitioner filed objections on 18.06.2007. But without giving any opportunity and without canceling the assignment, the title deed and the pattadar pass book the respondents are trying to dispossess him from the land in question. A counter has been filed by the respondents stating that the assignees have not cultivated the assigned lands including the father of the petitioner at any time and for violation of Condition of D-Form patta, the Mandal Revenue Officer issued a show cause notice to all the assignees in Ref.No.C1/1772/98, dated 23.08.1998 calling upon them to show cause as to why the assignment made in their favour should not be cancelled within 15 days. As the assignees failed to file any explanation the then Mandal Revenue Officer has passed an order No.C1/1772/98, dated 10.04.2001 duly resuming the land assigned in favour of the Government. Later the Collector, Warangal was requested vide letter No.B/1772/98, dated 31.01.2005 to issue orders for cancellation of the assigned land. Accordingly the District Revenue Officer, Warangal vide proceedings No.A9/517/05, dated 31.07.2005 issued orders for cancellation of assigned land and the Assistant Director, Survey and Land Records, Warangal has also issued revised supplementary sethwar duly treating the entire land as Government land. The learned counsel for the petitioner submits that the ground on which the assignment was cancelled alleging that the land was not used for cultivation within three years from the date of assignment is illegal, as the revenue authorities after conducting necessary enquiry with regarding to cultivation of the land issued title deed and pattadar pass books. I am not inclined to express any opinion on the merits of the case as admittedly the assignment was cancelled resuming the land by proceedings dated 10.04.2001. As the show cause notice dated 23.08.1998 was said to have been served on the father of the petitioner and as the petitioner was not a party to it, it is just and necessary to permit the petitioner to question the cancellation order dated 10.04.2001 before the appellate authority within a period of four weeks from the date of receipt of a copy of this order, and as long as the said cancellation is not set aside, the petitioner is not entitled for any relief in this writ petition as he was already dispossessed from the land in question. If the petitioner succeeds in the appeal, he is entitled either for recovery of the land or for compensation, in accordance with law. The Writ Petition is accordingly disposed of. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 05.06.2009 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Tahsildar/Mandal Revenue Officer, Hanmakonda Mandal, Warangal District. 2 Revenue Divisional Officer, Warangal, Warangal District. 3 District Collector, Warangal District, Warangal. 4.2CCs to 5.2CD copies