THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 21548 of 2008 O R D E R: The grand father of the petitioner, by name Nannur Chinnaiah, was granted patta over an extent of Ac.1-92 cents of land in Sy.No.654/2 of Karakambadi village of Renigunta Mandal, Chittoor District. After his death, the father of the petitioner, by name Kailasam, succeeded to the same. It is stated that Kailasam has become bed ridden and the petitioner is in possession and enjoyment of the said land. Petitioner contends that in the recent past, the respondents have undertaken certain activity over the land, for the purpose of excavation of an irrigation canal, and when he objected to the same, he was informed that the DKT patta granted in favour of his grand father, was cancelled. It was also alleged that when the petitioner approached the office of the Tahsildar, Renigunta, the 4th respondent herein, no information was furnished, and left with no alternative, he has filed the writ petition. Learned counsel for the petitioner submits that the alleged cancellation of patta is without any basis, and no notice was issued to the petitioner. Learned Government Pleader for Land Acquisition had obtained instructions and secured the record, at the stage of admission. It is stated that a show-cause notice, proposing to cancel the DKT patta, was issued on 28.12.2007, alleging that the assigned land was alienated, and since there was none to receive the notice, substitute service was aﬀected on 30.12.2007. It is stated that the patta was ultimately cancelled on 4.2.2008. A perusal of the notice, dated 28.12.2007, said to have been issued by the 4th respondent, discloses that it was addressed to Chinnaiah, who died very long back. The 4th respondent did not even verify as to whether the person, who is sought to be given notice, is alive or not. Except the anxiety to resume the land, there does not appear to be any genuine or proper veriﬁcation of the records, or the relevant facts. Strictly speaking, the petitioner is to be served with notice or the order that is passed canceling the patta. However, since it has emerged that the notice was issued to a dead person, the consequential order of cancellation would not be valid, in law. To avoid the further complication in the matter, this court is of the view that the order of cancellation of patta can be ignored for all practical purposes and that the petitioner be issued fresh notice. Hence, the writ petition is disposed of, directing that the proceedings initiated vis-à-vis land in Sy.No.654/2, on the strength of show-cause notice dated 28.12.2007, are set aside, in view of the fact that the notice was issued to a dead person. It shall be open to the respondents to issue fresh notice to the petitioner, who in turn, shall be entitled to work out his remedies, in accordance with law. There shall be no order as to costs. ___________________ 23rd October 2008 PAN