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The petitioner in this Writ Petition is widow of an Ex- Servicemen. He died on 24-04-1998. Petitioner then made an application for assignment of Government land on 24-06-2012. After taking note of petitioner's husband's service in the Indian Army, the Government of Andhra Pradesh assigned to her Ac.2.25 cents in Sy.No.47/3, Ac.2.24 cents in Sy.No.48/3, and Ac.0.80 cents in Sy.No.50/3A in Chinnapanduru Village, Varadaiahpalem Mandal, Chittoor District, in all Ac.5.29 cents under DKT Patta No.42/4/1423 dt.22-02-2014.

4. Petitioner contends that she filed W.P.No.25102 of 2018 seeking compensation for her land which was resumed and the Court on 20-07-2018 granted interim order restraining the respondents from carrying out any development activity on the said land pending the Writ Petition.

5. Petitioner contends that on 23-07-2018, personnel of the 5th respondent came to his house and served on him proceedings D.Dis.(E4)/Rev-ESECOLAS(APL)/52/2018 dt.20-06-2018 passed by the Joint Collector, Chittoor (3rd respondent) and under the said order, without issuing any prior notice to her, her DKT patta was cancelled on the ground that one G.Chandraiah, G.Jaya Ramaiah, P.Indumathi had been assigned portions of the land assigned to the petitioner and without cancellation of the same, she had been granted DKT patta for the said land; and so the DKT patta as well as pattadar passbook and title deed issued to the petitioner are cancelled.

16. However, in support of the contentions of APIIC that petitioner is not in possession of the lands assigned to him, no adangal or other revenue record has been filed.

17. It is stated that notice was issued to the petitioner by way of substituted service and an order dt.29-05-2018 was issued for cancellation of DKT patta to the petitioner on the ground of mistake of fact. No such order has been filed along with the counter-affidavit by the APIIC.

18. It is contended that an appeal lies against the order dt.29-05-2018 to the Commissioner (Appeals), O/o. Chief Commissioner of Land Administration, A.P., Vijayawada within 40 days. Since the said order has not even been filed by the APIIC and there is no evidence of its service on the petitioner till date, the question of the petitioner filing an appeal against the said order does not arise. 

                                                                          MSR,J
                                  ::14::                         wp_26046_2018

41. In para-15 of the impugned order, it is stated that 'DKT pattas were issued to the respondents/subsequent assignees without canceling original assignments' and so the DKT patta, pattadar pass book and title deed granted to petitioner are cancelled under BSO 15 (18) read with G.O.Ms.No.912 Revenue (B Department) dt.02-08-1985.'