THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28602 OF 2011 ORDER: The relief sought for in this Writ Petition is to declare the proceedings of the first respondent dated 08.10.2011, as arbitrary and illegal, and to quash the same. By proceedings dated 08.10.2011, the District Collector observed that the land in question ought not to have been assigned to the petitioner as it is a river poramboke; the petitioner had merely served for 37 days in the army; and he did not complete the stipulated service for assignment of land. The Revenue Divisional Officer was directed to initiate proceedings for cancellation of the patta. Sri G.V. Shivaji, Learned Counsel for the petitioner, would submit that, under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, the competent authority to initiate proceedings for cancellation of assignment is the Tahsildar, and not the Revenue Divisional Officer; the District Collector is the revisional authority; and any direction issued by him would amount to fettering the exercise of power by the Tahsildar to decide whether or not the assignment should be cancelled. For violation of the conditions of assignment, action can be initiated by the Tahsildar for cancellation of the assignment. The power of cancelling the assignment can only be exercised after putting the petitioner on notice, and after giving him an opportunity of being heard. Since the Tahsildar is competent to cancel the assignment it would suffice, for the purpose of disposal of this Writ Petition, if the Tahsildar is directed, on his initiating action for cancellation of the assignment, to consider the objections, if any, filed by the petitioner thereto on its own merits uninfluenced by the directions of the District Collector and, thereafter, take action in accordance with law. There shall be a direction accordingly. The Writ Petition is disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J October 29, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28602 OF 2011 October 29, 2011 MD