THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.5750 of 2002 14.9.2009 Between: Bolli Yerraiah, S/o.Late Pakeeru … Petitioner and The District Collector, Khammam District And others … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.5750 of 2002 ORDER: Aggrieved by the proceedings dated 21.3.1989 of second respondent, petitioner filed instant writ petition on 27.3.2002, after lapse of thirteen years, seeking invalidation of proceedings passed in 1989. The case of petitioner is that he belongs to Scheduled Tribe. His father, Bolli Pakeeru, was assigned land admeasuring Acs.4.00 in survey No.1/1 situated at Lakahmidevipally village of Palwancha Mandal in Khammam District. The father allegedly took possession and cultivated the land. After death of his father, petitioner has been cultivating the land and the land was restored to him by the Special Deputy Collector (Tribal Welfare), Palwancha. When there was threat of dispossession by respondents, instant writ petition is filed contending that impugned order cancelling assignment is illegal and arbitrary. Third respondent filed counter affidavit making following averments. As per the office records, petitioner was assigned land in survey No.1/1, but he sold away land to Mohd. Sahamsha. Petitioner then filed application for restoration of land and Special Deputy Collector (Tribal Welfare), Palwancha, passed orders for ejectment of occupier and possession was restored to petitioner. Again petitioner sold the property to Adepu Thirupathamma, who again transferred property to Md. Umar. Special Deputy Collector again passed orders ejecting occupier and restoring land to petitioner. Md. Umar filed appeal before the Agent to Government and appeal was dismissed on 20.1.1988. Total extent of land in survey No.1 is about Acs.500.00. The Tahsildar, Kothagudem, assigned an extent of Acs.85.00 to Tribals and Non-tribals on 08.5.1959. The father of petitioner was assigned Acs.4.00 in survey No.1/1. All the assignees failed to bring the land into cultivation. Therefore, the Mandal Revenue Officer, Palwancha (MRO), after serving show cause notice on 06.11.1987, passed impugned proceedings canceling assignment for violation of conditions of assignment in not bringing the land under cultivation. Government also allotted an extent of Acs.15.00 to fourth respondent College, as it has no pucca building. Physical possession was handed over to the said College on 19.2.2002. Petitioner did not avail remedy of appeal. Learned Counsel for petitioner submits that no notice was issued to petitioner before passing impugned order and order copy was not served on petitioner. He also asserts that petitioner is still in possession of property and he has not been evicted. Per contra, learned Assistant Government Pleader for Revenue (Telangana Area) submits that show cause notice was issued on 22 assignees and assignment was cancelled for violation of conditions of assignment because they failed to bring the land under cultivation. This Court has perused impugned order as well as yet another order dated 18.5.1989. By impugned order, second respondent directed MRO, to take necessary action for cancellation of assignment on the ground that the assignees including father of petitioner failed to cultivate the land. Thereafter, MRO issued show cause notice on 28.10.1987 and passed cancellation order dated 18.5.1989. Though this has been brought out in the counter affidavit filed on behalf of respondents 1 to 4, reply affidavit is not filed denying counter averments. In view of the uncontraverted counter averments, it becomes clear that second respondent followed due process of law by cancelling assignment. The writ petition itself filed after long lapse of thirteen years from the date of impugned order, and therefore, in all probability, petitioner is not in possession of property. The writ petition is devoid of merits and is accordingly dismissed. ________________ (V.V.S.RAO,J) September 14, 2009 YS