Andhra Pradesh High Court - Amravati
Nellore Sundar Reddy vs The District Collector, on 17 October, 2019
Author: C. Praveen Kumar
Bench: C. Praveen Kumar
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THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR
W.P. No. 1627 of 2012
ORDER:
1) The present Writ Petition came to be filed seeking issuance of a writ of Mandamus to declare the action of the 2nd Respondent in threatening to dispossess the petitioner from the land in Survey No. 423-p, admeasuring Acres 5.00 Cents, situated at Chittathur Village, Tottembedu Mandal, Chittoor District, without issuing any notice and without following the due process of law, as being illegal and arbitrary.
2) The averments in the affidavit show that the petitioner was assigned land admeasuring Acres 5.00 Cents in Survey No. 423-P, situated at Chittatur Village, Totembedu Mandal, Chittoor District, vide DKT Patta No. 398/04/1990 in the year 1982 and the petitioner came to be in possession and enjoyment of the same. It is further stated that, the Respondent authorities issued pattedar passbooks and title deeds in his favor and he has also availed crop loan by depositing the original pattedar passbooks and title deeds from the State Bank of India. ii. While things stood thus, a news item appeared in the Andhra Jyothi Telugu newspaper alleging that the lands assigned in favor of different individuals came to be canceled as they did not comply with the conditions of the assignment. Basing on the said news item, the Respondent No. 3 issued a cyclostyled Notices to various assignees, directing them to submit their explanation to show cause as to why their pattas should not be canceled. The petitioner submits that no such notice was served on him. Apprehending dispossession by force, the present Writ Petition came to be filed.
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3) By an Order dated, 25.01.2012, this court granted interim direction, provided the assignment in favor of the petitioner is subsisting as of that day.
4) A counter came to be filed by the Tahsildar, Thottambedu Mandal, Chittoor District, disputing the averments made in support of the petition. The averment in the counter show that after physical verification of the land and also after conducting grama sabhas, Orders came to be issued by the Tahsildar, vide Proceedings in RoC.A/149/2010, dated 09.09.2010 cancelling the DKT Pattas issued in respect of 29 persons including the Writ Petitioner and the land was subsequently resumed to the Government under the cover of panchanama, on 10.09.2010.
5) At this stage, the learned Counsel for the Petitioner would contend that the order canceling the DKT pattas is not enclosed along with the counter affidavit nor was it sent to the petitioner. But, however, the Government Pleader states that after physical verification of the land and conducting grama sabhas, Order, dated 09.09.2010, came to be passed canceling the DKT Pattas.
6) Be that as it may, the Interim Order as prayed for was granted subject to assignment granted in favor of the petitioner is subsisting. The pleadings in the Counter show that DKT patta was canceled in the month of September 2010 itself, but, of-course such proceedings are not placed before the Court. The counter also indicate that the land was resumed by the Government, on 10.09.2010 itself and the same was published in the village by a beat of tom tom and necessary changes came to be incorporated in the village accounts. Therefore, if the name of the petitioner still exists in the village accounts and if he is in physical 3 possession as claimed by the petitioner, any action taken shall be in accordance with the law.
7) With the above direction, the Writ Petition stands disposed of. No Order as to Costs.
8) Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________________________ JUSTICE C.PRAVEEN KUMAR Date: 17.10.2019.
SM.
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THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR W.P. No. 1627 of 2012 Date :17.10.2019 SM.