THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8185 of 2010 June 29, 2010 Between: Smt.Gajji Gouramma, W/o.Gouraiah And others … Petitioners And The District Collector, Nalgonda District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8185 of 2010 ORDER: The three petitioners are residents of Prodduturu Village of Valigonda Mandal in Nalgonda District. They filed the instant writ petition challenging the proceedings vide Order No.E/2934/2007, dated nil-8.2007 of the third respondent cancelling the pattas granted to petitioners in respect of land admeasuring Acs.3.00 each in survey No.921 of the said Village. The petitioners allege that they are landless poor persons cultivating the subject land since long. In 1976, Tahsildar issued pattas in favour of predecessors of the petitioners. Though their names were entered in the revenue records, they were not issued pattadar pass books in spite of several requests. As per the patta conditions, the assignees are required to bring their land into cultivation within three years and the land is inalienable. In connection with distribution of land to landless poor persons, the Mandal Assignment Review Committee resolved to allot land comprised in survey No.921 to landless poor persons. Petitioners then represented on 08.4.2010 informing that the land has already been allotted to them. Ignoring the same, third respondent issued possession certificates in favour of third parties under Integrated Novel Development In Rural And Model Municipal Areas (INDIRAMMA) scheme. Therefore, they filed the instant writ petition. The Tahsildar, Valigonda Mandal, filed counter affidavit. It is stated that the petitioners are not landless poor persons, that they are big landlords and therefore, they are not eligible for assignment. Suppressing the facts, they fraudulently obtained assignment but they were never in possession nor cultivated the land. A show cause notice dated 18.6.2007 was issued requiring them to submit explanation as to why pattas should not be cancelled. Petitioners did not submit explanation. Therefore, on 22.9.2008, third respondent passed orders cancelling assignment pattas and resuming the land. Subsequently on 23.9.2009 land was assigned to landless poor persons and possession was delivered. The matter was listed on 19.4.2010. As directed, the Assistant Government Pleader for Revenue (Assignment) produced file No.E/2934/2007 from the office of the Tahsildar, Valigonda Mandal. The matter was adjourned to enable the petitioners to file reply affidavit. Though sufficient time is granted, reply affidavit is not filed contraverting the counter averments. Therefore the counter averments stand admitted. From this, an inference can be drawn that the petitioners are not landless poor persons, that they never cultivated the land and that the Tahsildar cancelled assignment and resumed the land after issuing show cause notice to petitioners. The counsel for petitioners submits that the land admeasuring Acs.2.20 guntas in survey No.921 has been assigned to four persons and remaining land is still available. The Assistant Government Pleader however denies the same. She further contends that when the petitioners were never in possession and never cultivated the land, they have no right to file writ petition. Petitioners have assailed the proceedings of the Tahsildar issued in August 2007. There is a delay of about three years and the same has not been explained in the affidavit accompanying the writ petition. Apart from delay and laches, the averment in the counter that the petitioners are big landlords and are not eligible for assignment of Government land stands proved. The writ petition is therefore misconceived. If petitioners are aggrieved by the order of resumption dated 23.9.2009, they may obtain copy of the said order and prefer an appeal before the Revenue Divisional Officer, Bhongir. In this writ petition, they cannot be granted any relief. The writ petition, with the above observations, is dismissed. ______________ (V.V.S. RAO, J) June 29, 2010 YS