HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16627 OF 2010 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents and perused the material made available on record. 2. In this Writ Petition, petitioner questions the notice in proceedings Roc.E4/2020/2010 dated 31-05-2010 issued by respondent No.2 as illegal, arbitrary, without power or jurisdiction, mala fide and in violation of principles of natural justice and contrary to the orders passed in W.P. No.9281 of 2009 and seeking to set aside the same and consequently direct the respondents to not to interfere with his peaceful possession and enjoyment over the lands in Acs.4-94 cents in Survey No.291/1, Acs.5-07 cents in Survey No.291/2, Acs.5-00 in Survey Nos.430/2 and in Survey No.290/2 Ac.1-80 cents in Survey No.266/1 and Acs.5-31 cents of agricultural land in Survey No.435/3, respectively, situated at Inagaluru Village, Srikalahasthi Mandal, Chittoor District. 3. The petitioner claims ownership and possession over the lands referred above. It is his case that aforesaid lands were purchased by him under registered sale deeds from its earlier owners, who are assignees of the land in the scheme that was provided for Ex- Service Men. It is submitted that after expiry of ten years of time after grant of pattas, there is no prohibition for alienation of those lands and in view of the orders issued by the Government in G.O.Ms. No.117 Revenue Department dated 11-11-1993, he purchased the same by virtue of the registered sale deeds and he is in continuous possession of the same. 4. It is submitted that earlier also on the ground of violation of conditions of assignment, proceedings were initiated against the vendor of the petitioner and ultimately they ended in favour of pattadars and in view of the same, it is not open for the Collector to issue further notice for cancellation of assignment by issuing notice dated 31-05-2010 in proceedings No. Roc.E4/2020/2010. It is further submitted that the Collector is not the authority to issue the impugned proceedings. 5. On written instructions issued in proceedings Roc.A/484/2009 dated 13-07-2010 by the Tahsildar, Srikalahasthi to the learned Government Pleader, it is submitted that with regard to claim of the petitioner on the aforesaid lands, a prima facie enquiry was conducted and it revealed that bogus patta forms were obtained by fraud in the name of various persons. It is further submitted that all the vendors, who claim to be Ex-Service Men, were not holding any genuine pattas and the petitioner is claiming ownership over the lands in question only by virtue of purchase of the same from such assignees, as such, it is a matter for enquiry. It is further stated that the entire piece of land admeasuring Acs.22-18 cents is lying in one compact block and it is a valuable land and is abutting to main road of Yerpedu – Venkatagiri near Nellore. 6. Though, it is submitted by the learned counsel for the petitioner that an earlier enquiry was conducted by issuing notice to the vendors of the petitioner, at no point of time, with regard to allegation of bogus pattas is enquired into. When the petitioner is claiming ownership only from the persons, who were stated to be Ex- Service Men and against whom there are allegations of their pattas being bogus and obtained by fraud, it is always open for the Collector to enquire into the same. In any event, it is to be noticed that the impugned proceedings dated 31-05-2010, which is challenged in this writ petition, is only a notice for enquiry and in view of the same, I do not find any illegality in conducting such enquiry by issuing the impugned notice. 7. For the aforesaid reasons, at this stage, there are no grounds to interfere with the impugned enquiry proceedings initiated with regard to the subject lands in this writ petition under Article 226 of the Constitution of India. 8. Therefore, the Writ Petition is dismissed. There shall be no order as to costs. ____________________ R. SUBHASH REDDY, J July 26, 2010. PV