IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4179 of 2005 Between: V.Ramalinga Reddy ..... PETITIONER AND The Revenue Divisional Officer, Rajampet, Kadapa District and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.4179 of 2005 O R D E R: It is the case of the petitioner that pursuant to his application for assignment of the Government land, the then Tahsilder, Badvel after conducting an enquiry, an extent of Ac.3.63 of land in Sy.No.12 of Nagisettipalli village which is adjacent to the village of the petitioner Kothapalli, H/o.Chennampalli, Badvel Mandal was assigned vide DKT/82/66 dated 12.02.1958. Since then he has been in continuous possession and enjoyment of the same by cultivating the said land. While so, it is stated that he has applied for issuance of pattadar passbook, but there was no response from the 2nd respondent. On the other hand, the 2nd respondent orally stated that the assignment granted in favour of the petitioner was already cancelled. Therefore, the petitioner filed this Writ of Mandamus to declare the action of the respondents in refusing to issue pattadar passbook and title deed and orally intimating that his patta was already cancelled as illegal and arbitrary. This Court while admitting the writ petition on 04.03.2005, granted interim direction directing the respondents not to dispossess the petitioner from the land in question without following due process of law, and thereafter the interim order was made absolute by order dated 11.06.2008. It is not in dispute that the petitioner was granted DKT patta No.DKT.82/66 on 12.02.1958. A counter is filed stating that since the petitioner left the land as fallow, the 2nd respondent Mandal Revenue Officer has cancelled the DKT patta by proceedings in Rc.B/440 dated 15.12.1995 by conducting open enquiry in the fields and resumed the land to Government and the same was recorded in 10(1) accounts register as well as in the adangals. It is stated that though the assignment made on 12.02.1958, the petitioner has not cultivated the same and hence the petitioner is not entitled for the assignment. The respondents have not substantiated their action in cancelling the said assignment. Admittedly, no notice was issued to the petitioner and no enquiry was conducted as to whether the petitioner was cultivating the said land or not, and none of the violations of the assignment are established. Therefore, I am of the opinion that the said cancellation of the assignment vide proceedings in Rc.No.B/440/95 dated 15.12.1995, which are not even served on the petitioner, is illegal and unsustainable. The Writ Petition is accordingly allowed, directing the respondents to consider the application of the petitioner and issue pattadar passbook and title deed in respect of the land in question. No order as to costs. ________________ V.ESWARAIAH,J Dated: 03.03.2011 Dsr