THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.24221 of 2002 Date of Order: 17-02-2011 Between: Kota Madhusudana Rao ..Petitioner and 1.The District Collector, Krishna District, Machilipatnam and others. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.24221 of 2002 Oral order: Petitioner, who was granted house site patta in an extent of 109 square yards in R.S.No.438/1 of Kondepalli village on 28-11- 1998, was served with show cause notice dated 21-06-2002 calling upon the petitioner to show cause why the house site patta granted to him shall not be cancelled for various grounds including that he is not eligible for house site patta because he is above the poverty line and not constructed the house till the dispute starts etc. By giving explanation to the show cause notice the petitioner filed memo of arguments dated 24-06-2002 disputing the correctness of the contents of the notice. The M.R.O. without referring to the show cause notice and explanation so offered cancelled the house site patta stating that the Sub-Collector, Vijayawada in his letter dated 12-09-2002 directed him to cancel the house site patta granted in favour of the petitioner and take possession of the site and further directed to take steps for the prevention of encroachments in the site. Hence, the house site patta is cancelled directing the petitioner to vacate the site and remove the construction available on the ground within 30 days from the date of receipt of the order. Questioning the same the present writ petition is filed. In the counter affidavit filed by the M.R.O. it is stated that after considering the explanation so offered by the petitioner and after perusing the records he came to the conclusion that the petitioner is not eligible for house site patta as he is not a landless poor person and accordingly impugned order is issued cancelling the house site patta. Further, it is stated that the representation made by the petitioner to the 1st respondent—District Collector was forwarded to M.R.O. for taking necessary action and the same is in progress. Though it is stated that explanation offered by the petitioner in response to the show cause notice was taken into consideration in passing the impugned order, the order impugned is silent with regard to issuance of show cause notice and submission of explanation except stating that Sub-Collector directed the M.R.O. to cancel the house site patta granted in favour of the petitioner and take possession of the same. In view of the same, the impugned order passed by the M.R.O. dated 19-11-2002 at the instance of Sub-Collector, who is an appellate authority, cannot be sustained and it is accordingly set aside granting liberty to the M.R.O. to pass a speaking order after considering the explanation so offered by the petitioner and also the representation made by him to the Collector, which was forwarded to him (MRO), by giving due opportunity to the petitioner. The writ petition is accordingly allowed. No costs. _________________ A.GOPAL REDDY, J. 17-02-2011 Murthy