Held that assignees cannot be dispossessed before a competent authority passes an order of cancellation after furnishing notice and opportunity of hearing, even if the assignment is alleged to be irregular or illegal.
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THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.30437 of 2010
Date : 6-12-2010
Between : Vempati Venkata Ravanamma and others .. Petitioners and The Government of Andhra Pradesh, represented by the District Collector, Prakasam District at Ongole and others .. Respondents
Counsel for petitioners : Sri Gade Venkateswara Rao
Counsel for respondents : Assistant Government Pleader for Revenue
The Court made the following :
ORDER:
The petitioners who are granted assignment in respect of lands whose extents vary between Ac.3-00 and Ac.3-50 cents in Sy.No.62 of various sub-divisions, have filed this Writ Petition apprehending their dispossession, without following the due procedure of law.
I have heard Sri Gade Venkateswara Rao, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue (Assignments) and perused the record.
The petitioners were allegedly granted pattas of land classified as ‘grazing’. There is a dispute as to whether conversion was made before granting such pattas. Evidently, on the complaints received in this regard from some of the villagers, respondent No.2 has visited the lands in question and appeared to have announced that as the assignment was illegal and irregular, he will take steps for its cancellation. Anticipating that the respondents may dispossess the petitioners, they have filed the present Writ Petition.
In my opinion, if the assignment made in favour of the petitioners is irregular, the competent authority is empowered to take appropriate steps for its cancellation. However, before resorting to such an action, he shall follow the prescribed procedure which includes notice to the assignees and reasonable opportunity of being heard. Needless to observe that till such procedure is followed and an order of cancellation is made, in the event it is found that the assignment is irregular or illegal, the assignees shall not be dispossessed from the lands in their occupation.
Subject to the above observations, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP
No.38759/2010 is disposed of as infructuous.
________________________ Justice C.V.Nagarjuna Reddy
Date : 6-12-2010
AM
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
W.P.No.30437 of 2010
Date : 6-12-2010
2 issues framed by the court
Whether assignees can be dispossessed from land before a lawful order of cancellation is passed.
Whether the competent authority must follow prescribed procedure including notice before cancelling an alleged irregular assignment.
Vempati Venkata Ravanamma and others
The Government of Andhra Pradesh
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
