The High Court set aside an impugned order cancelling a petitioner's possession certificate for land without issuing any notice or conducting an enquiry, holding the action violated the principles of natural justice.
Impugned order dated 31.8.2004 cancelling the possession certificate was set aside.
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THE HON’BLE SRI JUSTICE C.V. RAMULU
W.P. No. 2465 of 2005
O R D E R:
This writ petition is filed seeking a Mandamus declaring the Order dated 31.8.2004 in Proceedings Roc.No.B/1335/04 of 2nd respondent as arbitrary, illegal and violative of principles of natural justice and fair play besides violative of Articles 14, 21 and 300-A of the Constitution of India and consequently to set aside the same.
According to petitioner, she was issued with a possession certificate by 2nd respondent dated 29.7.2004 for the site situated in Sy.Nos. 558, 559, 559/A with measurements of East to West 23 feet and North to South 48 feet within the limits of Tirupati Municipality and she has erected a thatched house in the said house and living therein. She is also paying property tax and all civil amenities like electricity, water etc., have been provided on payment of usual charges. While that being so, under the impugned order dated 31.8.2004, the said possession certificate is sought to be cancelled, purported to be, on the report submitted by the Mandal Revenue Officer.
There is no necessity of going into all the details. The allotment of the land in question in favour of petitioner and raising of thatched house by her and living therein are not in dispute. Only on the ground that the Mandal Revenue Officer submitted a report to say that her husband was running a tent house and getting annual income of Rs.18,000/- and, therefore, he comes under above poverty line and no house was constructed etc., possession certificate issued in favour of petitioner is sought to be cancelled. But, admittedly no notice of any kind was issued nor the enquiry purported to have been conducted by the M.R.O. was made after issuing notice to the petitioner. When the petitioner has asserted that she has raised thatched house and living
therein pursuant to the possession certificate issued in her favour, cancellation of such certificate without issuing any notice entails in grave civil consequences and the said action of respondents suffers from gross violation of principles of natural justice. On this ground alone, the impugned order is liable to be set aside and accordingly set aside.
The writ petition is allowed accordingly. No order as to
costs.
JUSTICE C.V. RAMULU.
Date: 22-12-2010.
MVB.
1 issue framed by the court
Whether cancellation of a possession certificate without issuing a notice violates the principles of natural justice?
Petitioner
2nd Respondent
C.V. RAMULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
